COMMISSION OF THE EUROPEAN COMMUNITIES 
CON (89) 152 final 
Brussels, 19 May 1989 
AMENDED PROPOSAL FOR A COUNCIL DECISION 
on a Community Financial Contribution towards expenditure incurred by 
Member States for the purpose of ensuring respect of the Community system 
for the conservation and management of fishery resources 
(presented by the Commission pursuant to Article 149 (3) of the 
EEC Treaty) 
Amended proposal for a Council Decision on a Community Financial 
Contribution towards expenditure incurred by Member States for 
the purpose of ensuring respect of the Community system 
for the conservation and management of fishery resources 
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 Commission (1), 
Having regard to the opinion of the Parliament (2), 
Having regard to the opinion of the Economic and Social Committee (3), 
Whereas the common fisheries policy, which guarantees the long-term existence of 
fishery stocks and thus employment in this sector, can achieve its objectives only 
if its rules are respected absolutely and thus if enforcement is effective; 
Whereas the Member States, in ensuring within their fishery zones and on their 
territory the respect of the conservation and control rules of the Common 
Fisheries Policy, are carrying out an obligation of Community interest; 
[ -J 
Whereas for any given Member State the size of the tssk of enforcement is 
unrelated to the budgetary capacity or the relative prosperity of the Member State 
and may in certain cases constitute a disproportionate burden; 
Whereas it is therefore appropriate to provide for a contribution by the Community 
towards certain enforcement expenditure by certain Member States; 
Whereas the total Community contribution should remain within the limits of a 
budgetary provision of 30 million ecus per annum over an initial period of five 
years and the corresponding financial resources will be entered as annual credits 
in the general budget of the European Communities _/ •_/; 
./. 
(1) 0.3. No 
(2) 
(3) 
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Whereas, however, any such contribution should be conditional on the 
attainment by the Member States which are beneficiaries of a satisfactory 
standard of enforcement both at ses and on land; 
Whereas enforcement is a permanent task and whereas a Community contribution 
should therefore be provided on a long term basis, 
HAS ADOPTED THIS DECISION: 
Article 1 
1. The Community shall participate subject to the conditions laid down in the 
Annex in financing expenditure incurred by Member States in enforcing the 
Community arrangements for the conservation and management of fishery 
resources. 
2. The Community participation shall relate to eligible expenditure incurred 
by Member States from 1 January 1990 to 31 December 1994. 
3. For any Member State in any year, the Community contribution shall not be 
lower than_ 30% or higher than 503» of the eligible expenditure. 
4. [_ • / The Community may grant advances up to a maximum of 50% of its 
contribution. 
5. The Council, acting in accordance with the procedure laid down in 
Article 43 of the Treaty and on the basis of a Commission report on the 
working of this Decision, shall decide before 30 June 1994 on the 
arrangements for Community participation which might apply from 
1 January 1995. 
Article 2 
1. Member States wishing to benefit from Community participation in financing 
expenditure shall forward to the Commission, on the first occasion by 
31 December 1989 and subsequently by 30 September of each year, a schedule 
containing the information specified in paragraph 2 of the Annex. 
./. 
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2. The Commission shall decide, on the first occasion by 30 June 1990 and 
subsequently by 31 March of each year, in accordance with the procedure 
laid down in Article 14 of Regulation (EEC) No 170/83 establishing a 
Community system for the conservation and management of fishery resources 
(1), on the Community participation, the eligibility of expenditure and 
any conditions to which the latter may be subject. 
3. The European Parliament and the Council shall be informed by the 
Commission, by 31 March of the year following the latter1s decision, of 
any action undertaken in accordance with this decision and any 
improvements in the supervision of fishing activities by the Member 
States. 
Article 3 
This Decision is addressed to the Member States. 
Done at Brussels, 
For the Council, 
The President 
(1) O.J. No L 24, 27.01.1983, p. 1 
ANNEX 
1. The eligible expenditure of Member States may relate to the acquisition 
or modernisation of: 
- vessels, aircraft and land vehicles employed in the monitoring and 
supervision of fishing activities, including their equipment; 
- systems for the detection and recording of fishing activities 
(including equipment installed on fishing vessels); 
- systems (including land-based systems) for recording and transmitting 
catch data and other relevant information. 
2. The schedule referred to in Article 2(1) shall state the expenditure 
falling under paragraph 1 envisaged for the following year. It shall 
specify in particular: 
- the technical features and cost of the equipment and the method of 
payment envisaged; 
- the use planned for the equipment, including the date of entry into 
service; 
- in the case of vessels or aircraft or equipment to be installed on 
vessels or aircraft, the proposed programme of operations for the 
monitoring and supervision of fishing activities by such vessels or 
aircraft. 
Member States shall give a precise account of their present organisation, 
activities, problems and achievements in the field of fisheries enforcement 
at sea and on land and explain how the expenditure envisaged will improve 
performance• 
To this end, the Member States shall set specific objectives, in accordance 
with their own priorities. 
./. 
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3. The Commission shall consider each Member State's application by reference 
to the following criteria in particular: 
- in the case of expenditure on vessels, aircraft or land vehicles, the 
amount of time which they will devote to fisheries enforcement; 
- the approximate relative size of the enforcement task of the Member 
State on land and at sea, having regard in particular to the volume of 
fishing activity in its fishery zone, the extent of the latter, the 
number and the volume of landings in its ports, the length of its 
coastline, the number of its fishing ports and the pattern of activity 
of its fleet; 
- the budgetary capacity and prosperity of the Member State; 
- the ratio of total expenditure on enforcement for sea fisheries to the 
gross national product and budget of the Member State concerned; 
- the use made by a Member State of any financial aid given under this 
Decision in any previous yesr; 
- / J 
- the improvement in the Member State's performance in fisheries 
enforcement at sea and on land in the period preceding the application 
and the improvement likely to result from the expenditure envisaged. 
4. In considering a Member State's enforcement performance the Commission 
shall have regard to the following considerations in particular: 
- the prevention, discovery and pursuit of infringements against the 
conservation and control rules; 
- the presence in the national legislation of sufficiently dissuasive 
sanctions in respect of such infringements; 
- the list of sanctions imposed by the Member State concerned during the 
past three years; 
- the reliablility of the catch figures forwarded by the Member State to 
the Commission and the Member State's success in preventing the 
overfishing of its quotas; 
- the amount and the efficacy of the human and material resources devoted 
by the Member State to fisheries enforcement; 
./. 
Ç 
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the diversity of the fishing activity in its fishery zone; 
the degree of cooperation in fisheries enforcement between the Member State 
and other Member States and the Commission; 
in appropriate cases, the Member State's contribution to fisheries 
enforcement in areas governed by international Conventions to which the 
Community is a Contracting Party and the scale and effectiveness of this 
enforcement. 
5. The reimbursement of expenditure and the payment of advances shall be made only 
if the provisions of the Directives coordinsting procedures for the award of 
public works and supply contracts have been complied with, in the sense that 
the certificates for payment must make reference to the notices on the award of 
public contracts, published in the Official Journal of the European 
Communities. In esse of non-publication of the notices in the Official Journal 
of the European Communities, the beneficiary shall certify that the public 
contracts have been swarded in conformity with Community legislation. 
The Commission may request any information which it considers necessary for 
judging whether Community legislation on public contracts has been respected. 
6. Member States shall supply the Commission with any information which it may 
request for the performance of its duties under this Decision. 
Should the Commission consider that monitoring and supervision facilities 
partially financed by the Community under this Decision sre not being used for 
the intended purpose or in accordance with the conditions defined under this 
Decision, it shall so inform the Member State concerned. The Member State 
shall then conduct sn administrative inquiry in which officials appointed by 
the Commission for this purpose shall participate. The Member State shall 
inform the Commission of the progress and results of the inquiry end provide 
the Commission with a copy of the report of the inquiry and the main points 
used in the preparation of the report. 
./. 
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The Commission may carry out checks on the fulfilment of their duties under 
this Decision by the Member States, which shall be required to provide 
assistance to the staff appointed by the Commission for this purpose. 
The provisions of this paragraph shall be without prejudice to Article 12 of 
Regulation (EEC) No 2241/87 estsblishing certain control measures for fishing 
activities (1). 
(1) O.J. No L 207, 29.07.1987, p. 1 
? 

Commission of the European Communities 
COM(89) 152 final 
Amended proposal for a 
COUNCIL DECISION 
on a Community financial contribution towards expenditure incurred by 
Member States for the purpose of ensuring respect of the Community 
system for the conservation and management of fishery resources 
(presented by the Commission pursuant to Article 149(3) of the EEC 
Treaty) 
19.5.1989 
Office for Official Publications of the European Communities 
L - 2985 Luxembourg 
Series: DOCUMENTS 
1989 - 8 pp. - Format: 21.0 x 29.7 cm 
EN 
ISSN 0254-1475 
ISBN 92-77-49694-0 
Catalogue number: CB-CO-89-197-EN-C 
ISSN 0254-1475 
COM(89) 152 final 
DOCUMENTS 
Amended proposal for a 
COUNCIL DECISION 
on a Community financial contribution towards 
expenditure incurred by Member States for the 
purpose of ensuring respect of the Community 
system for the conservation and management of 
fishery resources 
(presented by the Commission pursuant to 
Article 149(3) of the EEC Treaty) 
04 
Catalogue number: CB-CO-89-197-EN-C 
ISBN 92-77-49694-0 19.5.1989 
€ 
COMMISSION OF THE EUROPEAN COMMUNITIES