Proposal for a COUNCIL REGULATION (EC) on structural measures in the fisheries sector (98/C 176/04) COM(98) 131 final - 98/0116(CNS)

(Submitted by the Commission on 19 March 1998)

THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament,

Having regard to the opinion of the Economic and Social Committee,

(1) Whereas the common fisheries policy supports the general objectives of Article 39 of the Treaty; whereas, in particular, Council Regulation (EEC) No 3760/92 of 20 December 192 establishing a Community system for fisheries and aquaculture (1), as amended by the Act of Accession of Austria, Finland and Sweden, contributes towards achieving a balance between conservation and the management of resources, on the one hand, and fishing effort and the stable and rational exploitation of those resources, on the other;

(2) Whereas structural measures in the fisheries and aquaculture sector ('the sector`) should contribute to the attainment of the objectives of the common fisheries policy and those of Article 130a of the Treaty;

(3) Whereas the incorporation of structural measures in the sector into the operational framework of the Structural Funds in 1993 improved the synergy of Community operations and enabled a more coherent contribution to be made to the strengthening of economic and social cohesion;

(4) Whereas Council Regulation (EC) No . . . laying down general provisions on the Structural Funds institutes a comprehensive review of the operational arrangements for the structural policies to take effect from 1 January 2000; whereas the structural measures in the sector will form part of priority Objectives 1 and 2 of the Structural Funds in force from that date; whereas 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Council Regulation (EEC) No 2052/88 as regards the financial instrument for fisheries guidance (2) should therefore be repealed (and replaced by a new regulation) providing in particular for arrangements that will ensure a transition which avoids any interruption of the structural measures;

(5) Whereas there is incompatibility between the exclusively regional nature of the programming planned for Objective 2 of the Structural Funds, on the one hand, and the programming of the supporting measures for the restructuring of the fishing fleets, on the other hand; whereas the problem does not arise in the case of Objective 1;

(6) Whereas it is appropriate therefore not to include in the programming for Objective 2 the supporting measures for the restructuring of the fishing fleets; whereas it is necessary to allocate to those measures resources from the Guarantee Section of the European Agricultural Guidance and Guarantee Fund (EAGGF) so that they can be implemented in all regions in addition to those covered by Objective 1, including in areas covered by Objective 2; whereas this separate treatment will not affect the implementation of the other structural measures in the sector which will continue to be programmed under Objective 2;

(7) Whereas furthermore the Community must be able to make a financial contribution in regions and areas other than those covered by Objectives 1 and 2, in respect of all structural measures in the sector; whereas it is necessary also to allocate to this measure resources from the Guarantee Section of the EAGGF,

HAS ADOPTED THIS REGULATION:

Article 1

1. The structural measures implemented with Community financial assistance under this Regulation in the fisheries and aquaculture sector and the industry processing and marketing their products (hereinafter referred to as 'the sector`) shall support the general objectives of Articles 39 and 130a of the Treaty and the Objectives set out in Regulations (EEC) No 3760/92 and (EC) No . . ./. .

2. The tasks of the measures referred to in paragraph 1 shall be:

(a) to contribute to achieving a sustainable balance between fishery resources and their exploitation;

(b) to strengthen the competitiveness of structures and the development of economically viable enterprise in the sector;

(c) to improve market supply and the value added to fishery and aquaculture products;

(d) to contribute to revitalising areas dependent on fishing.

3. Community financial assistance may be granted for the implementation of measures in support of one or more of the tasks referred to in paragraph 2, in accordance with the provisions of Articles 2 and 3.

4. Under the procedure referred to in Article 5, the Council shall establish the fields of intervention for the structural actions referred to in paragraph 1 of this Article.

Article 2

1. A financial instrument for fisheries guidance is hereby established, hereinafter called the 'FIFG`.

2. Measures implemented with assistance from the FIFG shall form part of Objectives 1 and 2 of the Structural Funds. They shall include all structural measures in the sector, with the exception of those referred to in Article 3.

3. In addition, and in accordance with Articles 21 and 22 of Regulation (EC) No . . ./. ., the FIFG shall contribute towards:

(a) innovative action including transnational operations and the establishment of networks for those operating in the sector and coastal areas dependent on fishing;

(b) technical assistance measures.

In accordance with Article 21(2) of Regulation (EC) No . . ./. ., the field for pilot projects covered by the first subparagraph of point (a) is extended by the decision for the participation of the Funds to measures that can be financed under Council Regulations (EC) No . . ./98(ERDF), No . . ./98(ESF) and EC No . . ./98(EAGGF) in order to implement all the measures envisaged by the innovative actions concerned.

Article 3

The Guarantee Section of the EAGGF shall contribute towards:

(a) supporting measures for the restructuring of the fishing fleets in regions not covered by Objective 1 of the Structural Funds,

(b) all structural measures in the sector in regions not covered by Objectives 1 and 2 of the Structural Funds.

Article 4

The financial contribution granted to each individual operation under the measures referred to in Article 1(3) may not exceed a maximum amount to be determined in accordance with the procedure referred to in Article 5.

Article 5

1. Without prejudice to Article 6, the Council, acting on a proposal from the Commission in accordance with the procedure laid down in Article 43 of the Treaty, shall adopt, not later than . . ., the detailed rules and conditions for the Community financial contribution of the structural measures referred to in Articles 2 and 3.

Article 6

1. Council Regulation (EEC) No 4028/86 (3) and (EEC) No 4042/89 (4) shall continue to apply to applications for aid submitted before 1 January 1994.

2. Portions of sums committed as assistance for projects by the Commission between 1 January 1989 and 31 December 1993 under Regulation (EEC) No 4028/86 for which no final application for payment has been submitted to the Commission at the latest six years and three months after the date the aid is granted shall be released automatically by the Commission at the latest six years and nine months after the date the aid is granted, giving rise to the repayment of amounts unduly paid, without prejudice to projects which have been suspended on legal grounds.

Article 7

Regulation (EEC) No 2080/93 is hereby repealed with effect from 1 January 2000.

References to the repealed Regulation shall be understood as references to this Regulation.

Article 8

The transitional arrangements provided for in Article 52 of Regulation (EC) No . . ./. . shall apply mutatis mutandis to this Regulation.

Article 9

This Regulation shall enter into force on the third day following that of 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 Brussels,

For the Council

The President

(1) OJ L 389, 31.12.1992, p. 1.

(2) OJ L 193, 31.7.1993, p. 1.

(3) OJ L 376, 31.12.1986, p. 7.

(4) OJ L 388, 31.12.1989, p. 1.