COMMISSION OF THE EUROPEAN COMMUNITIES 
C0M(93) 481final 
Brussels, 8 October 1993 
Proposal for a 
COUNCIL REGULATION (EEC) 
laying down detailed rules for implementing Regulation 
(EEC) No 2080/93 on Community structural assistance 
in the fisheries and aquaculture sector and the industry 
processing and marketing its products 
(presented by the Commission) 
EXPLANATORY MEMORANDUM 
INTRODUCTION 
1. This proposal for a Council Regulation follows the adoption of Council 
Regulation (EEC) No 2080/93 of 20 July 1993 laying down provisions for 
implementing Council Regulation (EEC) No 2052/88 as regards the financial 
instrument for fisheries guidance (FIFG)1. 
That Regulation incorporates the structural aspects of the common fisheries 
policy2 into the Structural Fund legislation, alongside the specific 
Regulations relating to each Fund (ERDF, ESF and EA66F Guidance Section). 
It establishes a single financial instrument for structural schemes in the 
sector3, replacing the two existing financial instruments4. 
2. Pursuant to Article 6 of the abovementioned Regulation, the Council must 
decide in accordance with the procedure laid down in Article 43 of the 
Treaty, and not later than 31 December 1993, "the detailed rules and 
conditions for the FIFG contribution to the measures for structural 
adjustment in the sector*. 
A SINGLE LEGAL INSTRUMENT 
3. The purpose of this proposal is to replace the two legal instruments 
currently in force by a single instrument before Regulation (EEC) No 
2080/93 repeals them. The two Regulations in question are: 
- Council Regulation (EEC) No 4Q28/86 of 18 December 1986 on Community 
measures to improve and adapt structures in the fisheries and aquaculture 
sector5, 
- Council Regulation (EEC) No 4042/89 of 19 December 1989 on the 
improvement of the condition» under which fishery and aquaculture 
products are processed and marketed^. 
1 OJ No L 193, 31.7.1993, p. 1. 
2 The common fisheries policy has recently been redefined by Council 
Regulation (EEC) No 3760/92 of 20 Pecepfttier 1992 establishing a Community 
system for fisheries and aquaculture (@Cf No. J* 389, 31.12.1992, p. 1). 
3 "Sector" means fisheries, aquaculture, and. £he processing and marketing of 
the products thereof. 
4 Chapters B2-11 (EAGGF Guidance Sectipn « fisheries) and B2-23 (European 
Fisheries Guidance Fund) in the 1993 feudist, 
5 OJ No L 376, 31.12.1986, p. 7. 
6 OJ No L 388, 31.12.1989, p. 1. 
- 1 «*s. 
MANAGEMENT IN NEED OF RATIONALIZATION 
4. Without any real coherence, and only because the two abovementioned legal 
instruments had different historical origins, the methods of management 
began to diverge seriously from 1989, when one of the areas of assistance 
(processing and marketing of products) was integrated into the 1988 reform 
of the Structural Funds whereas the other areas (fleet restructuring, 
aquaculture, port facilities, etc.) were not covered by the reform. 
5. Assistance under Regulation (EEC) No 4042/89 comes within the programming 
procedure of Objective 5(a) of the Structural Funds, i.e. sectoral plans. 
Community support frameworks, aid applications generally in the form of 
operational programmes. 
The adoption of Regulation (EEC) No 4042/89, which replaces Regulation 
(EEC) No 355/77, brought about a significant improvement in the management 
of the field in question. 
6. The majority of the other aids (Regulation (EEC) No 4028/86), even if they 
still operate on an individual project basis and are not the subject of 
financial allocations established in advance, are based on multiannual 
guidance programmes for fishing fleets and for aquaculture; as regards the 
adjustment of fishing capacity, the Member States are required to establish 
an annual programme including a financial estimate; lastly, projects 
relating to port facilities, which are covered by the same Regulation, must 
"ibe included in a Community support framework within the meaning of 
Regulation (EEC) No 4042/89nl. 
Generally speaking, as far as Regulation (EEC) No 4042/89 is concerned, 
present management largely runs counter to the principle that decisions 
should be taken at the lowest possible level, which means that the 
Commission has to arbitrate between and select individual projects on the 
basis solely of administrative and financial documents. 
Other faults of this management system are: 
- a multiplicity of legal instruments: for each case of aid granted there 
is a Commission decision, plus, perhaps, a second decision cancelling the 
first one where the project has been abandoned; 
- a serious lack of budget flexibility: any funds released by the 
abandonment of a project are lost to the structural budget for the sector 
if the appropriation is released during a financial year other than that 
in which the appropriation was committed - which is generally the case. 
Article 27(2)(a) of Regulation (EEC) No 4028/86. 
- 2 3^ 
SIMPLIFICATION OF MANAGEMENT - MORE FLEXIBLE USE OF APPROPRIATIONS 
7. The first and foremost aim of this new proposal is to harmonize and 
rationalize programming, which has been disparate in the past, by 
introducing a simplified two-stage programming procedure based on the 
following principles: 
- the Member State is to present an overall strategy document or "sectoral 
plan", accompanied by an indicative financial breakdown, plus an overall 
aid application; the sectoral plan and the aid application must cover all 
the fields of assistance for the entire reference period (réf.: Article 3 
and Annex I); 
- the Commission is to examine with the Member State, within the 
partnership framework, the content of the sectoral plan and the aid 
application; on this basis the Commission will approve a "Community 
programme" (réf.: Article 4); the Community programme will enable the 
financial allocation to be committed in annual tranches. Successive 
payments will be made in tranches as the previous tranches are used up, 
in accordance with the same conditions as for the Structural Funds. 
As regards the legal instrument (Commission decision), apart from 
exceptional cases, there will no longer be individual projects**. This 
means that one project may be replaced by another at Monitoring Committee 
level, even if the cost is different, without the legal instrument having 
to be amended. 
8. Far more than at present it will be up to the Member States' authorities to 
choose their own means of implementing the requirements of the common 
fisheries policy as regards structures. 
9. As far as the duration of each programming period is concerned, two 
arguments militate in favour of a 3-year period : 
- in a production sector, investment decisions depend above all on private 
initiative. 
- The multiannual guidance programmes for fishing fleets (see point 10 
below), which dictate the allocation of a substantial part of the 
appropriations, will run until 31 December 1996. 
However, the financial perspectives adopted by the Edinburgh European 
Council cover six years, the compulsory duration of programming in 
Objective 1 Regions. 
A formal programming period of six years is therefore proposed, beginning 
1 January 1994, which does not prejudge a full revision (and notably a 
revision of the allocation of resources) when the restructuring 
programmes of Community fishing fleet expire. 
According to Article 5(5) of Regulation (EEC) No 2052/88 an operational 
programme is to comprise a "series of consistent multiannual measures". 
-30^-
TAKING THE PRIORITIES OF THE COMMON FISHERIES POLICY INTO ACCOUNT 
(ref. : Article 5 and Annex II) 
10. This proposal maintains the idea of multiannual guidance programmes for 
fishing fleets for each Member State, but proposes a different decision­
making procedure: while the Council is to "set the objectives and detailed 
rules for restructuring the sector"9, the Commission takes the view that 
these necessarily general guidelines should be translated into precise 
terms for each national fleet, in partnership with the Member State 
concerned. As in the past, it will be the responsibility of the Commission 
to approve the multiannual guidance programmes after consulting the 
Standing Committee on the Fishing Industry. These will henceforth be 
legitimised by the views of the Council and will be binding. 
Regulation (EEC) No 3760/92 mentions 1 January 1994 as the first deadline 
for laying down the guidelines and rules of application for the 
restructuring of the sector. To this end, the Commission intends to submit 
to the Council, at the same time as the present regulation proposal, a 
proposal for a Council decision formalising the views expressed in November 
1992. 
On the basis of these guidelines, the Commission was able to formally 
approve the multiannual guidance programmes for fishing fleets for the 
period 1993 to 199610. 
In the short term, namely unti 31 December 1996, it is expected to confirm 
simply the 1993-96 multiannual guidance programmes currently in effect. 
9 Article 11 of Regulation (EEC) No 3760/92. 
10 Commission Decisions 92/588/EEC to 92/598/EEC of 21 December 1992, 
published in OJ No L 401, 31.12.1992, pp 3 to 70. 
- 4 
SCOPE OF ASSISTANCE 
11. As a whole this proposal aims to preserve continuity with thé previous 
Regulations. It should be noted first of all that, in accordance with 
Article 1 of Regulation (EEC) No 3760/92, structural assistance in the 
sector now covers "living aquatic resources", not as previously only "fish, 
molluscs and crustaceans". 
12. As regards fishing fleets (réf.: Title II and Annex III, paragraph 1), 
several amendments are proposed: 
- only the scrapping of vessels will be eligible for a Community 
contribution towards permanent withdrawal from fishing activities; 
- redeployment operations and exploratory fishing (Titles V and Va of 
Regulation (EEC) No 4028/86), which have not proved effective as regards 
making a contribution towards achieving the objectives of the common 
fisheries policy, will be dropped11; 
- the limitation of fishing activities will be eligible only in 
exceptional, unforeseen circumstances; 
- the building of fishing vessels will be eligible only in particular 
circumstances; in no case must it be contrary to the objectives of the 
multiannual guidance programmes; to that end, FIFG aid for the building 
of fishing vessels may not lead to an increase in FIFG aid for schemes 
aimed at directly reducing fishing effort (adjustment of fishing effort, 
joint ventures and temporary joint enterprises); 
- lastly, it is proposed that the scope of assistance be extended to 
electronic monitoring equipment on board fishing vessels. 
13. As regards the other fields it is essentially a matter of updating earlier 
texts (réf.: Title III; Title JY, Article 13; Annex III, paragraphs 2 and 
3). 
It is also proposed that the scope of assistance be extended to certain 
operations of collective interest implemented by members of the trade which 
help to attain the objectives of the common fisheries policy (réf.: 
Title IV, Article 14 and Annex III, paragraph 4). 
14. Lastly, attention should be drawn, even if this aspect is not actually 
mentioned in this proposal* to the possibilities offered by the horizontal 
legislation of the Structural Funds, mentioned in Article 4 of the FIFG 
Regulation: studies, pilot projects, technical assistance, information 
campaigns. 
11 Point 14 below points out that there are possibilities for financing pilot 
projects on a case-by-case basis, in accordance with procedures to be laid 
down. 
- 5 d^ -
FORMS OF ASSISTANCE 
15. This proposal does not refer to the forms of assistance which are listed in 
Article 5 of Regulation (EEC) No 2052/88 for the FIFG. These include: 
- operational programmes 
- part-financing of aid schemes 
- global subsidies. 
SCALES AND RATES OF CONTRIBUTION 
16. The Commission is concerned to preserve continuity, combined with improved 
coherence and simplification. 
17. As regards the scales of aid, the principle of maximum eligible amounts for 
premiums for the permanent withdrawal of fishing vessels is maintained; 
this principle is extended to the other premiums (joint ventures, temporary 
laying-up and temporary joint enterprises) and to investments in fleet 
restructuring (modernization and construction of vessels) (réf.: Annex IV, 
paragraph 1 ). 
To ensure that they are consistent with the other scales applicable to the 
fleet, the maximum eligible amounts are determined on the basis of a 
reference scale (Table 1, Annex IV): 
scrapping :100% of the reference scale 
other permanent withdrawal1^ :reference scale less 37.5% 
joint venture :100% of reference scale 
construction : reference scale less 37.5% 
modernization : reference scale less 50%. 
The graphs in the Annex allow a comparison of the old and new scales for a 
few representative cases. 
18. As regards the rates of contribution (réf.: Annex TV, paragraph 2): 
- the horizontal provisions of the Structural Funds apply as regards the 
upper limits for the Community contribution; 
- the lower limits for the contributions of the Member States and, where 
appropriate, the beneficiaries have been set as in the previous rules. 
ANNEXES 
12 Without Community assistance; the purpose of this provision is to prevent 
national subsidies for the operations concerned becoming unjustified State 
aids. 
- 6 o^ -
Scrapping premiums 
Vessels over 10 years old 
6 0 
X 10 20 30 
Vessel tonnage 40 50 200 400 600 800 1000 
Vessel tonnage 
-NI Scrapping premiums 
p Vessels over 15 years old 
^ 0.3 
•H 
S 
D U W 
X fl» 
X 0.2 + 
0.1 + New aid scale - old aid scale 
(vessels > 25 m) 
10 20 30 
Vessel tonnage 40 50 1.5 + 
0.5 + 
200 400 600 
Vessel tonnage 800 1000 
Scrapping premiums 
Vessels over 20 years old 
20 30 40 
Vessel tonnage 50 vJ^ 400 600 800 
Vessel tonnage 1000 
oo Scrapping premiums 
p Vessels over 30 years old 
Q 0.3 
Old aid scale 
10 20 30 
Vessel tonnage 50 1.5 + 
0.5 + 
200 400 600 
Vessel tonnage 800 1000 
Joint ventures 
Vessels over 10 years old 
0.4 
B 0.3 f 
8 I « i 
. 0.2 +• 
s ; a» 
&0.1 +• 
CM I 
I 
X w 
X 0 Old aid scale 
_i 1 h 
10 20 30 
Vessel tonnage 40 -\ 1 1 h-
50 400 600 800 
Vessel tonnage 1000 
i 
NO 
Joint ventures 
Vessels over 15 years old 
10 20 30 
Vessel tonnage 2.5 
2 -
1.5 •• New aid scale « old aid scale 
I 0 J 200 400 600 800 1000 
Vessel tonnage 
Joint ventures 
Vessels over 20 years old 
~ 0.4 
c 
0 
U0.3 + 
6 
H 
w 0.2 + 
S 0.1 + 
04 
a o x <d 0 X w H H 
10 Old aid scale 
I I 1 H 
20 30 
Vessel tonnage 40 50 400 600 800 1000 
Vessel tonnage 
i 
o Joint ventures 
Vessels over 30 years old 
~0.4 
c 0 •W «H -
3 0.3 
6 a u 
-0.2 
0.1 + 
5 o 
3 
x Old aid scale 
H 1 1 H 
10 20 30 
Vessel tonnage 40 50 400 600 
Vessel tonnage 1000 
Temporary joint enterprises 
5000 -r-
Vessel tonnage 
Temporary cessation of activity 
5000 
~* 4000 
>t • <d •O "^ D O W 3000 
Ë 3 •A 
E 
g 2000 
a 
E 3 g 
x 1000 New aid scale 
Vessel tonnage 
Supplement for vessels under 10 years old (old scale) 
- 11 
-^L-2 -
Table of contents 
1. Scope 
TITLE I PROGRAMMING 
2. General provisions 
3. Sectoral plans and aid applications 
4. Community programmes 
5. Multiannual guidance programmes for fishing fleets 
6. Monitoring multiannual guidance programmes 
TITLE II IMPLEMENTATION OF MULTIANNUAL GUIDANCE PROGRAMMES FOR FISHING 
FLEETS 
7. Common provisions 
8. Adjustment of fishing effort 
9. Reorientation of fishing activities - temporary joint enterprises and 
joint ventures 
10. Fleet renewal and modernization of fishing vessels 
11. Investments aimed at better monitoring of fishing activities 
TITLE III INVESTMENT AID IN THE FIELDS OF AQUACULTURE, THE DEVELOPMENT OF 
COASTAL WATERS, FISHING PORT FACILITIES AND PROCESSING AND 
MARKETING 
12. Scope 
TITLE IV OTHER MEASURES 
13. Measures to find and promote new market outlets 
14. Operations by members of the trade 
TITLE V GENERAL AND FINANCIAL PROVISIONS 
15. Compliance with the conditions governing assistance 
16. Scales and rates of assistance 
17. Budget commitments 
18. Procedures for the payment of assistance 
19. Entry into force 
ANNEXES 
I. Indicative contents of sectoral plans 
II. Minimum content of multiannual guidance programmes for the fishing fleet 
for 1997-99 
III. Special conditions and criteria for assistance 
IV. Scales and rates of assistance 
- 3 -
THE COUNCIL OF THE EUROPEAN COMMUNITIES 
Having regard to the Treaty establishing the European Economic Community, and 
in particular Article 43 thereof, 
Having regard to the proposal from the Commissionf1), 
Having regard to the opinion of the European Parliament(^), 
Having regard to the opinion of the Economic and Social Committee(^), 
Whereas Council Regulation (EEC) No 2052/88 of 24 June 1988 on the tasks of 
the Structural Funds and their effectiveness and on coordination of their 
activities between themselves and with the operations of the European 
Investment Bank and the other existing financial instruments^), as amended 
by Regulation (EEC) No 2081/93<5), and Council Regulation (EEC) No 4253/88 
of 19 December 1988 laying down provisions for implementing Regulation (EEC) 
No 2052/88 as regards coordination of the different Structural Funds between 
themselves and with the operations of the European Investment Bank and the 
other existing financial instrumentsi6), as amended by Regulation (EEC) 
No 2082/93(7), define the general objectives and tasks of the Structural 
Funds and the financial instrument for fisheries guidance (hereinafter 
referred to as the FIFG) their organization, the assistance methods, 
programming and general organization of the aid provided by the Funds and the 
general financial arrangements; 
(1) OJ No 
(2) OJ No 
(3) OJ No 
(4) OJ No L 185, 15.7.1988, p. 9. 
(5) OJ No L 193, 31.7.1993, p. 5. 
(6) OJ No L 374, 31.12.1988, p. 1. 
(7) OJ No L 193, 31.7.1993, p. 20. 
- 4 -
Whereas Council Regulation (EEC) No 3760/92 of 20 December 1992 establishing 
a Community system for fisheries and aquaculture^8) lays down the objectives 
and general rules of the common policy; whereas the development of the 
Community fishing fleet must be restricted according to the decisions that 
the Council is called to take by virtue of Article 11; whereas it is up to 
the Commission to translate these decisions into precise measures at the 
level of each Member State; whereas, furthermore, the provisions of Council 
Regulation (EEC) No ..../93 of 1993 establishing a control system 
applicable to the common fisheries policy^9) must be respected; 
Whereas Council Regulation (EEC) No 2080/93 of 20 July 1993, relating to 
application measures of Council Regulation (EEC) No 2052/88 concerning the 
Financial Instrument for Fisheries Guidance(10) defines the specific tasks 
of Community structural aid measures in the fisheries and aquaculture sector 
and the industry processing and marketing its products, hereinafter referred 
to as "the sector"; whereas in terms of Article 6, the Council must decide, 
at the latest by 31 December 1993, the terms and conditions of the 
contribution of the FIFG to adaptation measures of the structures of the 
sector; 
Whereas the Council must lay down detailed rules for the implementation of 
measures connected with the modification of the structures of the sector in 
order to ensure that FIFG assistance achieves the objectives assigned to the 
structural policy of the sector within the overall framework of Community 
structural assistance and the common fisheries policy as a whole which comes 
under the exclusive competence of the Community, and in order that each 
Member State is in a position to manage the structural interventions in the 
sector; whereas, in so far as these interventions are not limited to the 
granting of Community aid, it is appropriate to insert, in a coherent manner, 
the programming of the restructuring of Community fishing fleets in the 
context of structural interventions as a whole; 
(8) OJ No L 389, 31.12.1992, p. 1. 
(9) OJ No 
(10) OJ n° L 193 du 31.7.1993, p.l 
- 5 -
HAS ADOPTED THIS REGULATION: 
Article 1: Scope 
The Commission may, on the terms and conditions laid down in this Regulation, 
provide assistance from the FIFG for the measures referred to in Titles II, 
III and IV, within the fields covered by the common fisheries policy as 
defined in Article 1 of Regulation (EEC) No 3760/92. 
TITLE I: PROGRAMMING 
Article 2: General provisions 
1. The measures referred to in Article 1 of this Regulation shall be the 
subject of a two-stage programming procedure on the terms laid down in 
Articles 3 and 4. 
2. Provision for the restructuring of the Community's fishing fleets shall be 
made in multiannual guidance programmes, as referred to in Article 5. 
- 6 -
Article 3: Sectoral plans and aid applications 
1. Each Member State shall present to the Commission: 
- a sectoral plan 
and 
- an aid application, 
in the form of a single programme document, hereinafter referred to as 
"the document". 
Each document shall cover a period of six years, the first programming 
period beginning on 1 January 1994. 
Unless arrangements are made to the contrary with the Member States in 
question, documents covering the first programme period shall be submitted 
within three months of the entry into force of this Regulation; the 
documents covering subsequent programme periods shall be submitted at 
least six months before the start of each period. 
2. Each sectoral plan shall cover all of the fields referred to in Titles II, 
III and IV of this Regulation. It shall contain all the information 
specified in Annex I to this Regulation. It shall be drawn up in 
accordance with the objectives of the common fisheries policy and the 
provisions of the multiannual guidance programme referred to in Article 5. 
Aid applications shall be drawn up in accordance with the provisions of 
Article 14(1) and (2) of Regulation (EEC) No 4253/88. They shall describe 
all the measures that are planned in order to give effect to Community 
measures and shall specify the forms of assistance within the meaning of 
Article 5 of Regulation (EEC) No 2052/88. 
3. The document shall draw a distinction between information relating to 
Objective 1 regions and information relating to other regions. 
The information relating to Objective 1 regions shall be covered by the 
programming referred to in Article 8(7) of Regulation (EEC) No 2052/88 and 
Article 5(2) of Regulation (EEC) No 4253/88. 
- 7 -
Article 4: Community programmes 
1. The Commission shall examine the sectoral plans to determine whether they 
are consistent with the objectives of this Regulation and with the 
provisions and policies referred to in Articles 6 and 7 of Regulation 
(EEC) No 2052/88. 
Aid applications shall be examined in accordance with the provisions of 
Article 14(3) and (4) of Regulation (EEC) No 4253/88. 
2. On the basis of the document referred to in Article 3 of this Regulation, 
and within six months of receiving it, the Commission shall adopt a single 
decision on a Community programme for structural assistance in the sector. 
The Commission's decision shall be taken in the framework of the 
partnership referred to in Article 4(1) of Regulation (EEC) No 2052/88 and 
in agreement with the Member State concerned. It shall follow the 
procedures laid down in Article 17 of Regulation (EEC) No 2052/88. 
The Commission's decision on a Community programme shall be communicated 
to the Member State concerned and published in the Official Journal of the 
European Communities. 
3. Community programmes shall be drawn up in accordance with the objectives 
of the common fisheries policy and the provisions of the multiannual 
guidance programmes referred to in Article 5. They may, to this end, be 
revised in the event of major changes and at the end of each programming 
period for the restructuring of the Community's fishing fleets. 
- 8 -
Article 5: Multiannual guidance programmes for fishing fleets 
1. For the purposes of this Regulation, a multiannual guidance programme for 
the fishing fleet shall mean a series of objectives accompanied by a set 
of measures for their realization, allowing for management of fishing 
effort on a consistent, longer-term basis. 
2. On the basis of multiannual objectives and measures for restructuring the 
fisheries sector as laid down by the Council pursuant to Article 11 of 
Regulation (EEC) No 3760/92, and in accordance with the procedure provided 
for in Article 8 of Regulation (EEC) No 2080/93, the Commission shall 
adopt the multiannual guidance programmes for individual Member States. 
3. The multiannual guidance programmes adopted for the period from 1 January 
1993 to 31 December 1996, as referred to in Article 9(1) of Regulation 
(EEC) No 2080/93, shall remain in effect until they expire. 
4. By 1 January 1996 at the latest, Member States shall supply the Commission 
with the information specified in Annex II to this Regulation, to be used 
in drawing up multiannual guidance programmes for the period from 
1 January 1997 to 31 December 1999. 
- 9 -
Article 6: Monitoring multiannual guidance programmes 
1. For the purpose of monitoring the implementation of multiannual guidance 
programmes, Member States shall transmit to the Commission, before 1 April 
each year, a document reviewing the progress made with their multiannual 
guidance programme. Within three months of this deadline the Commission 
shall forward an annual report to the Council on the implementation of 
multiannual guidance programmes throughout the Community. 
2. Member States shall transmit to the Commission the information required 
estimate the fishing effort by vessel and by fleet segment according to 
the main parameters for managing such effort, in particular capacity and 
activity. 
3. To this end the Commission shall operate a Community register of fishing 
vessels designed for use in managing fishing effort. 
4. The Commission shall adopt the rules relating to the register referred to 
in paragraph 3 in accordance with the procedure laid down in Article 8 of 
Regulation (EEC) No 2080/93. 
5. At the request of the Member State concerned or the Commission, or 
pursuant to provisions laid down in the multiannual guidance programmes, 
any multiannual guidance programme which has been approved may be re­
examined and, if necessary, revised. 
6. The Commission shall decide whether or not to approve the revisions 
provided for in paragraph 5 of this Article in accordance with the 
procedure laid down in Article 8 of Regulation (EEC) No 2080/93. 
7. For the implementation of this Article, Member States must comply in 
particular with Article 29 of Regulation (EEC) No ..../93. [monitoring and 
control Regulation] 
- 10 -
TITLE II: IMPLEMENTATION OF MULTIANNUAL GUIDANCE PROGRAMMES 
FOR FISHING FLEETS 
Article 7: Common provisions 
1. During the lifetime of a multiannual guidance programme and with regard to 
a given segment of a Member State's fleet, where the total of FIFG 
assistance for the operations referred to in Articles 8 and 9 is likely to 
lead to over-achievement of the objectives set in the multiannual guidance 
programme, the new situation shall be taken as the new objective. 
2. On an annual basis for each fleet segment, Member States shall ensure that 
the FIFG assistance referred to in Article 10 does not result in an 
increase in FIFG aid as referred to in Articles 8 and 9. 
Article 8: Adjustment of fishing effort 
1. Member States shall take measures to adjust fishing effort on the basis of 
the multiannual guidance programmes referred to in Article 5. 
To this end, Member States shall provide for measures to stop definitively 
and/or restrict vessels' fishing activities. 
- 11 -
2. Measures to definitively stop vessels' fishing activities may include: 
- scrapping of vessels, 
- permanent transfer to a third country, provided such transfer is not 
likely to infringe international law or affect the conservation and 
management of marine resources, 
- definitive reassignment of the vessel in question in Community waters 
other than fishing. 
For vessels of less than 50 gross registered tonnes (GRT) only the 
scrapping of the vessel shall represent a measure to stop definitively the 
activities of the vessel within the meaning of this Article. 
Member States shall ensure that vessels concerned by such measures are 
deleted from the registration lists for fishing vessels and from the 
Community fishing vessel register. They shall also ensure that deleted 
vessels are permanently excluded from fishing in Community waters. 
FIFG assistance for pe.rma.nent withdrawal measures may only be used to 
finance the scrapping of vessels,. 
3. Measures to restrict fishing activities may in particular include 
restrictions on fishing d.ayg or days at sea authorised for a specific 
period or the temporary cessation of activities. 
FIFG assistance may only he used to finance measures intended to offset 
partially the loss of inqgrne suffered as a result of a temporary cessation 
of fishing activities caused by unforeseen events linked to biological 
phenomena in particular. 
- 12 -
Article 9: Reorientation of fishing activities -
joint enterprises and temporary joint ventures 
1. Member States may take measures to promote the reorientation of fishing 
activities by encouraging the creation of temporary joint enterprises and 
/or joint ventures. 
2. For the purposes of this Regulation "temporary joint enterprise" means any 
association based on a contractual agreement of limited duration between 
Community shipowners and physical or legal persons in one or more third 
countries with which the Community maintains relations, with the aim of 
jointly fishing for and exploiting the fishing resources of the third 
country or countries and sharing the costs, profits or losses of the 
economic activity jointly undertaken, with a view to the priority supply 
of the Community market. 
The contractual agreement shall provide for the catching and, where 
necessary, the processing and/or marketing of those species covered, the 
provision of know-how and/or the transfer of technology where linked to 
the said operations. 
3. For the purposes of this Regulation "joint venture" means any company 
regulated by private law comprising one or more Community shipowners and 
one or more partners in a third country with which the Community maintains 
relations, linked by a joint venture agreement with the aim of jointly 
fishing for and exploiting fishery resources in the waters under the 
sovereignty and/or jurisdiction of the third country or countries, with a 
view to the priority supply of the Community market. 
4. Where necessary the Commission shall set additional conditions concerning 
the fishing zones, the species fished, fishing methods and gear which the 
activities of the temporary joint enterprises must satisfy, in accordance 
with the procedure referred to in the second paragraph of Article 8 of 
Regulation (EEC) No 2080/93. 
- 13 -
Article 10: Fleet renewal and modernisation of fishing vessels 
1. Member States may take such measures to promote the construction of 
fishing vessels as comply with the intermediate and final objectives of 
their multiannual guidance programme within the stated time limits. 
Member States shall, when forwarding any pertinent aid proposal, inform 
the Commission of provisions taken to ensure that this condition is 
complied with. 
2. FIFG assistance may be granted for measures to promote fishing vessel 
construction assuming this is justified by special regional circumstances 
and if these measures fulfil one of the following conditions : 
- the new fishing capacities apply to fleet segments that are not 
experiencing major resource and market difficulties and they permit a 
real improvement in the fish products concerned. 
in the same fleet segment and the same year the new fishing capacities 
are compensated for by the permanent withdrawal, or by the allocation 
to a joint venture, of appreciably greater fishing capacities. 
3. Member States may take measures to promote the modernisation of fishing 
vessels. Such measures shall be subject to the conditions referred to in 
paragraph 1 where investments are likely to result in an increase in 
fishing effort. 
Article 11: Investments aimed at better monitoring of fishing activities 
Member States may take measures to encourage investments on board vessels 
which will facilitate the monitoring of fishing activities in line with the 
objectives set out in Article 11 of Regulation (EEC) No 3760/92. 
- 14 -
TITLE III: INVESTMENT AID IN THE FIELDS OF AQUACULTURE, 
THE DEVELOPMENT OF COASTAL WATERS, FISHING PORT FACILITIES 
AND PROCESSING AND MARKETING 
Article 12: Scope 
1. Member States may, on the terms and conditions specified in Annex III, 
take measures to encourage capital investment in the following fields: 
aquaculture, 
protection and development of marine resources in coastal waters, in 
particular by the installation of fixed or moveable facilities to 
enclose protected underwater areas, 
fishing port facilities, 
processing and marketing of fishery and aquaculture products. 
2. In addition, Member States may take measures to encourage the devising and 
implementing of quality improvement and control systems, systems to 
improve hygiene and research and training initiatives in enterprises. The 
relevant expenditure, with the exception of beneficiary enterprises' 
operating costs, may be funded from the FIFG provided they are directly 
linked to the investments referred to in paragraph 1. 
- 15 -
TITLE IV: OTHER MEASURES 
Article 13: Measures to find and promote new market outlets 
Member States may take measures in favour of finding and promoting new market 
outlets for fishery and aquaculture products, in particular: 
- operations associated with quality certification^ 
- promotion campaigns, including those highlighting quality issues 
- consumer surveys, 
projects to test consumer reactions, 
organisation of and participation in trade fairs and exhibitions, 
organisation of study and sales visits, 
market studies, including those relating to third countries, and 
surveys, 
sales advice and aids, services provided to wholesalers and retailers. 
The above measures must not be based around commercial brands nor make 
reference to particular countries or regions. 
Article 14: Operations by members of the trade 
Member States may take measures to promote operations by members of the trade 
themselves and regarded by the competent authorities in the Member State as 
operations of collective interest, provided suoh operations serve to attain 
the objectives of the common fisheries policy. 
The measures referred to in the present article include in particular aid to 
producer organisations in the sense of Article 7 of Council Regulation (EEC) 
No 3759/92 of 17 December 1992, laying down the common organisation of 
fisheries and aquaculture products.C11) 
(11) OJ No L 388 of 31.12.92, p.l 
- 16 -
TITLE V: GENERAL AND FINANCIAL PROVISIONS 
Article 15: Compliance with the conditions governing assistance 
1. Member States shall ensure that the special conditions governing 
assistance listed in Annex III to this Regulation are complied with. 
2. When requesting payment of each annual aid instalment, Member States 
shall certify that compliance with the terms and conditions governing 
assistance set out in this Regulation has been verified. 
3. Where the terms and conditions referred to in paragraph 2 have not been 
complied with, the Commission may suspend, reduce or cancel FIFG 
assistance. 
Article 16: Scales and rates of assistance 
1. The maximum amounts of assistance payable under this Regulation and the 
limits on financial participation from the Member States, beneficiaries 
and the Community are listed in Annex IV of the present regulation. 
2. Within the scope of this Regulation, Member States may introduce 
supplementary aid schemes subject to conditions or rules other than those 
laid down in this Regulation, or covering a sum in excess of the maximum 
amounts referred to in this Article, provided they comply with 
Articles 92, 93 and 94 of the Treaty. 
Article 17: Budget commitments 
1. In the case of multiannual operations, Member States shall forward to the 
Commission each year the information required to permit commitment of the 
annual instalments provided for in Article 20 of Regulation (EEC) 
No 4253/88. 
2. Budgetary resources shall be committed in line with the implementation 
stages set out in the decision granting assistance. 
3. Detailed rules for the application of this Article shall be adopted by the 
Commission in accordance with the procedure laid down in Article 8 of 
Regulation (EEC) No 2080/93. 
- 17 -
Article 18: Procedures for the payment of assistance 
1. Financial assistance shall be paid in accordance with Article 21 of 
Regulation (EEC) No 4253/88 and in line with the implementation stages and 
financial provisions set out in the decision to grant assistance. 
2. Applications for payment must be accompanied by documents providing 
evidence of the progress made in implementing the operation and any 
payments made by the Community and national authorities to the 
beneficiaries. 
3. Detailed rules for the application of this Article shall be adopted by the 
Commission in accordance with the procedure laid down in Article 8 of 
Regulation (EEC) No 2080/93. 
Article 19: Entry into force 
This Regulation shall enter into force on 1 January 1994. 
This Regulation shall be binding in its entirety and directly applicable in 
all Member States. 
Done at 
For the Council 
The President 
- 18 -
ANNEX I 
INDICATIVE CONTENTS OF SECTORAL PLANS 
1. Description of current situation broken down by area of assistance* 
strengths and weaknesses 
- summary of operations undertaken and impact of funds used in previous 
years 
needs of the sector 
2. Strategy for adjustment of fishery structures 
- general objectives under the common fisheries policy 
objectives specific to each area of assistance, quantified if possible 
- anticipated impact (on employment, production, etc) 
Areas of assistance are taken to mean sub-sectors of the fishery 
sector whose problems can be grouped together, for example: 
adjustment of fishing effort; 
renewal and modernisation of the fishing fleet; 
aquaculture; 
- enclosed seawater areas; 
fishing port facilities; 
product processing and marketing; 
- product promotion. 
- 19 -
ANNEX I 
3. Means to attain the objectives 
- measures selected (legal, financial or other) in each area of 
assistance 
- indicative financing schedule covering the entire programming period 
and listing the national and Community resources provided for each 
area of assistance 
indications of how the FIFG assistance is to be used (forms of 
assistance, etc.) 
justification for Community assistance 
- 20 -
ANNEX II 
MINIMUM CONTENT OF MULTIANNUAL GUIDANCE PROGRAMMES 
FOR THE FISHING FLEET FOR 1997-99 
1. Up-dating of the description of the situation provided for in Annex I 
This consists in describing the change in the situation regarding 
fisheries, fleet and related employment since the date when the sectoral 
plan was submitted. 
2. Results from the previous programme 
2.1. Indentify and comment on the progress achieved in attaining the 
objectives set for the 1993-96 programmes. 
2-2. Analyse the general administrative and socio-economic context in 
which it was implemented and in particular the context in which 
measures to reduce fishing activity were implemented. 
2.3. Specify and comment on the Community, national and regional 
financial resources committed in attaining the results achieved, for 
each fleet segment. 
- 21 -
ANNEX II 
3. New guidelines 
On the basis of the replies given to points 1 and 2 indicate the 
guidelines which should be given to the various fleet segments for the 
period 1997/99, in particular with relation to the following two 
operations: 
3.1. Adjustment of fishing effort: desirable levels of fishing effort per 
segment on 31 December 1999 in relation to the objectives set for 
each segment for 31 December 1996. Associated administrative and 
legal provisions. Systems for managing fishing activity. Extent of 
administrative resources and funds to be used to attain the new 
objectives thus set. 
3.2. Fleet renewal: Rate of renewal required for each segment and 
asociated funding. Legal or administrative provisions by each 
Member State for controlling the inward and outward movements of its 
fleet's vessels. Measures taken by Member States per fleet segment 
to ensure that state aid granted for renewal and fishing effort 
adjustment operations do not have contradictory effects where the 
pursuit of the objectives of the programmes is concerned. 
- 22 -
ANNEX III 
SPECIAL CONDITIONS AND CRITERIA FOR ASSISTANCE 
1. Implementation of multiannual guidance programmes (Title II) 
1.1 Definitive stopping of activity (Article 8(2)) 
(a) Definitive stopping of activity may concern only vessels which 
have carried out a fishing activity for at least 100 days at sea 
in each of the two periods of twelve months preceding the date of 
request for permanent with drawal or, as the case may be, a 
fishing activity for at least 80% of the number of days at sea 
permitted by current national regulations. 
(b) Priority is to be given to vessels more than ten years old. 
1.2 Temporary joint enterprises and joint ventures (Article 9) 
(a) Operations must satisfy the following conditions: 
- they must involve vessels of more than 50 GRT, technically 
suited for the proposed fishing operations, operating for more 
than five years and owned by physical or legal persons in the 
Community; 
- the vessels in question must fly the flag of a Member State 
throughout the duration of the temporary joint enterprise, which 
must consist of fishing activities lasting between six months 
and one year; 
- in the case of the founding of a joint venture, the operation 
must be accompanied by the permanent transfer of the vessel(s) 
to the third country concerned with no possibility of a return 
to Community waters. 
- 23 -
(b) The financial assistance given to joint venture projects may not 
be added to other Community aid granted under this Regulation or 
Council Regulations (EEC) Nos 2908/83(l3)or 4028/86. The 
assistance granted is to be reduced by the amount previously 
received in the following cases : 
- aid for construction during the ten years preceding the setting 
up to the joint venture (deduction prorata temporis); 
- aid for the modernisation and/or allowance for a temporary joint 
enterprise during the five years preceding the setting up of the 
joint venture (complete deduction). 
1.3 Vessel construction (Article 10) 
(a) Vessels must be built to comply with the regulations and 
directives governing hygiene and safety and the Community 
provisions concerning the dimensions of vessels. They shall be 
entered in the appropriate segment of the Community register from 
the moment they commence fishing activities in accordance with 
Commission Regulation (EEC) HO 163/89. 
(b) Assistance is to be given by priority to those vessels using the 
most selective fishing gear and methods. 
(13) OJ No L 290 of 22.10.1983, p.l 
- 24 -
ANNEX III 
1.4 Vessel modernisation (Article 10) 
(a) Investments should relate to: 
- the rationalisation of fishing operations, in particular by the 
use of more selective fishing gear and methods, 
and/or 
- improvement of the quality of products caught and preserved on 
board, the use of better fishing and preserving techniques and 
the implementation of legal and administrative rules regarding 
health, 
and/or 
- improvement of working conditions and safety. 
(b) The operations may cover only vessels less than 25 years old. 
.- 25 -
ANNEX III 
1.5 Investments to improve the monitoring of fishing activities 
(Article 11) 
(a) Eligible investments should cover, in particular, equipment placed 
on board vessels in order to facilitate operations to monitor and 
record fishing activities. This equipment must meet the 
requirements of Community or national monitoring rules. 
(b) Priority is to be given to investments for the collective 
equipping of fleet segments or groups of vessels. 
- 26 -
ANNEX III 
2. Investments in the areas referred to in Title III 
2.0 General 
(a) Investments must 
- contribute tomic benefits from the structural 
improvement in question; 
- offer an adequate guarantee of technical and commercial 
viability, in particular by avoiding the risk of creating 
surplus production capacity. 
(b) Priority is to be given to investments 
- of collective interest, 
- submitted by trade bodies, associations and cooperatives, 
- mainly benefiting small and medium-size enterprises as defined 
in the Commission guidelines on state aids to small and medium-
sized enterprises. 
- 27 -
ANNEX III 
2.1 Aquaculture 
Measures should involve physical investments: 
(a) in the construction, equipping, expansion and modernisation of 
aquaculture installations, such as 
- the construction, modernisation and acquisition of buildings; 
- works concerning the development or improvement of water 
circulation in aquaculture enterprises; 
- the acquisition and installation of new plant and machinery 
intended exclusively for aquaculture production, including 
vessels and equipment concerned with data processing and data 
transmission; 
- effluent treatment for purposes of reducing pollution of the 
environment. 
(b) concerning projects intended to demonstrate, on a scale 
approaching that of normal productive investments, the technical 
and commercial viability of farming species not yet commercially 
exploited in the aquaculture sector or innovative farming 
techniques, provided they are based on successful research work, 
(c) intended to adapt aquaculture installations or zones to Community 
and national standards relating to product hygiene and quality, 
animal health and the environment. 
- 28 -
ANNEX III 
2.2 Development of coastal waters 
Investments should meet the following conditions: 
(a) they must include scientific monitoring of the operation for at 
least five years, in particular the evaluation and monitoring of 
the development of marine resources in the waters concerned; 
(b) they must be carried out by public institutions, recognised 
producer organisations or bodies designated for that purpose by 
the competent authorities of the Member State concerned. 
2.3 Fishing port facilities 
(a) Eligible investments should relate in particular to installations 
and equipment: 
- to improve the conditions under which fishery products are 
landed, handled and stored in ports; 
- to improve the quality and hygiene of operations regarding the 
handling and first placing on the market of fishery products; 
- to support fishing vessel activities (provision of fuel, ice and 
water, maintenance and repair of vessels); 
- to reduce pollution and guarantee better environmental 
protection; 
- to improve jetties with a view to improving safety during the 
landing or loading of products. 
- 29 -
ANNEX III 
(b) Priority is to be given to investments: 
- of interest to all fishermen using a port; 
- to improve health and hygiene conditions; 
- to reduce environmental pollution; 
- contributing to the general development of the port and to the 
improvement of services offered to fishermen. 
2.4 Processing and marketing 
(a) Eligible investments should relate in particular to: 
- the construction and acquisition of buildings and installations; 
- the acquisition of new equipment and installations needed for 
the processing and marketing of fishery and aquaculture products 
between the time of landing and the end-product stage (including 
in particular data processing and data transmission equipment); 
- the application of new technologies intended in particular to 
improve competitiveness and increase value added; 
- effluent treatment for purposes of reducing pollution of the 
environment. 
- 30 -
ANNEX III 
(b) Investments shall not be eligible for assistance where they 
concern: 
- fishery and aquaculture products intended to be used and 
processed for purposes other than human consumption, with the 
exception of investments exclusively for the handling, 
processing and marketing of fishery and aquaculture product 
wastes; 
- the retail trade. 
3. Promotion (Article 13) 
(a) Eligible expenditure should cover in particular: 
- expenditure by advertising agencies and other providers of services 
involved in the preparation and implementation of promotion 
campaigns; 
- the purchase or hire of advertising space and the creation of 
slogans and logos for the duration of promotion campaigns; 
- expenditure on publishing, external staff, premises and vehicles 
required for the campaigns. 
(b) Priority is to be given to: 
- campaigns to encourage the sale of surplus or underexploited 
species; 
- campaigns of a collective nature; 
- operations to develop a quality policy for fishery and aquaculture 
products. 
(c) The beneficiary's operating costs (staff, equipment, vehicles, etc.) 
shall not be eligible for aid. 
- 31 -
ANNEX III 
4. Operations implemented by members of the trade (Article 14) 
(a) At the proposal of the Member State concerned, eligible expenditure 
shall cover operations of limited duration requiring the active 
involvement of trade organisations appointed for that purpose by the 
competent authorities of the Member State. 
(b) Eligible expenditure may concern the following fields in particular: 
- regulation of access to certain fishing areas and quota management; 
- management of fishing effort (capacity for each activity); 
- promotion of more selective fishing gear and methods; 
- implementation of technical measures for resource conservation; 
- operational contributions to a centre for monitoring commercial 
trends in the fisheries and aquaculture sector; 
- restructuring of aquaculture locations, 
- campains to eradicate aquaculture animal disease. 
- 32 -
ANNEX IV 
SCALES AND RATES OF ASSISTANCE 
1. Scales of assistance relating to fishing fleets (Title II) 
The eligible costs of certain operations referred to in Title II are 
subject to the following restrictions: 
1.1 Definitive stopping of activity and joint ventures (Articles 8(2) and 
9 (3); Annex III, 1.1 and 1.2) 
TABLE 1 
Class of vessel by Maximum amount of premium 
gross registered tonnage for a 15-year-old vessel 
(GRT) (in ecu) 
0 - 25 5500/GRT 
25 - 50 4500/GRT + 25000 
50 - 100 4000/GRT + 50000 
100 - 400 2000/GRT + 250000 
400 and more 1000/GRT + 650000 
(a) The premiums for scrapping of a vessel and for setting up joint 
ventures paid to beneficiaries may not exceed the following 
amounts: 
- 15-year-old vessels : see Table 1 above; 
- vessels less than 15 : scale from Table 1 increased by 
- years old 2.5% per year less than 15; 
- vessels more than 15 : scale from Table 1 decreased by 
years old 2.5% per year over 15. 
(b) The premiums for the permanent transfer of a vessel to a third 
country or for definitive re-assignment, in Community waters, to 
uses other than fishing paid to beneficiaries, may not exceed the 
maximum amounts for the scrapping premiums referred to in (a) 
above, less 37.5%. 
- 33 -
ANNEX IV 
1.2 Temporary cessation of fishing activities and temporary joint 
enterprises (Articles 8(3) and 9 (2); Annex III, 1.2) 
The laying-up premiums (for temporary cessation) and. cooperation 
premiums (for temporary joint enterprises) paid to beneficiaries may 
not exceed the scales set out in Table 2 below: 
TABLE 2 
Class of vessel by Maximum amount of premium 
gross registered tonnage per vessel (ecu/day) 
(GRT) 
0 - 50 4.30/GRT + 25 
50 - 70 3.50/GRT + 65 
70 - 100 3.12/GRT + 88 
100 - 200 2.74/GRT + 120 
200 - 300 2.36/GRT + 177 
300 - 500 2.05/GRT + 254 
500 - 1000 1.76/GRT + 372 
1000 - 1500 1.50/GRT + 565 
1500 - 2000 1.34/GRT + 764 
2000 - 2500 1.23/GRT + 956 
2500 and above 1.15/GRT + 1137 
- 34 -
ANNEX IV 
1.3 Construction aid (Article 10; Annex III, 1.3) 
The eligible costs of aid for the construction of fishing vessels may 
not exceed the scales in Table 1 above, increased by 37.5%. 
1.4 Modernisation aid (Article 10, Annex III, 1.4.) 
The eligible costs of aid for the modernisation of fishing vessels may 
not exceed 50% of the eligible costs for construction aid referred to 
in 1.3. above. 
PARTICIPATION RATES 
For all the operations referred to in Titles II, III and IV, the 
restrictions on Community participation (A), total state participation 
(national, regional and other) by the Member State concerned (B) and, 
where applicable, participation by beneficiaries (C) shall be subject to 
the following conditions, expressed as a percentage of eligible costs: 
2.1 Investments in enterprises 
Group 1 : processing and marketing 
Group 2 : construction and modernisation of vessels, 
aquaculture 
TABLE 3 
Group 1 Group 2 
Objective 1 A < 50% A < 50% 
regions B > 10% B > 10% 
C > 25% C > 40% 
other A < 30% A < 30% 
B > 10% B > 10% 
regions C > 50% C > 60% 
- 35 -
ANNEX IV 
2.2 Other measures (scrapping premiums(*), temporary cessation premiums, 
temporary joint enterprises, monitoring of fishing activities, 
enclosure of coastal waters, fishing port facilities, product 
promotion, operations undertaken by trade bodies) 
TABLE 4 
Objective 1 regions 50% < A < 75% 
B > 25% 
Other regions 25% < A < 50% 
B > 50% 
(*) The premiums for permanent transfer to a third country or for 
definitive re-assignment, in Community waters to uses other than 
fishing are entirely for the account of the Member State, in 
accordance with the final subparagraph of Article 8(2). 
ISSN 0254-1475 
COM(93) 481 final 
DOCUMENTS 
EN 03 
Catalogue number : CB-CO-93-515-EN-C 
ISBN 92-77-59679-1 
Office for Official Publications of the European Communities 
L-2985 Luxembourg