Proposal for a COUNCIL REGULATION amending, for the second time, Regulation (EC) No 2742/1999 fixing for 2000 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks, applicable in Community waters and, for Community vessels, in waters where limitations in catch are required and amending Regulation (EC) No 66/98

(presented by the Commission)

EXPLANATORY MEMORANDUM

Council Regulation (EC) No 2742/1999 fixes, among other stipulations, the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks, applicable in Community waters for 2000. The Commission has presented a proposal for amendment on 27 March 2000 (COM(2000)175) to include certain adjustments, which are now submitted to the Council for approval. During the process of adoption of such a proposal by the Commission, it has emerged the need of further amendments:

First, consultations between the Community and the Home Government of the Faeroe Islands on mutual fisheries relations were concluded on 3 March 2000. Similarly, consultations with the. Republic of Estonia concerning co-operation in fisheries for 2000 were concluded on 14 March 2000. The conclusions of such consultations, which concern exchange of fishing opportunities in the form of quotas and licences, need now to be implemented in Community legislation so that fishermen can make use of the new fishing possibilities.

Secondly, the areas where Norwegian vessels may fish for blue whiting should be precisely defined, in order to exclude certain zones north and west of Ireland, as specified in the Agreed Record of consultations between the Community and the Kingdom of Norway on fishing rights for 2000.

The Council is requested to adopt this proposal in order to allow fishermen to utilise the new fishing opportunities and to continue fishing under appropriate conditions.

Proposal for a COUNCIL REGULATION amending, for the second time, Regulation (EC) No 2742/1999 fixing for 2000 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks, applicable in Community waters and, for Community vessels, in waters where limitations in catch are required and amending Regulation (EC) No 66/98

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EEC) No 3760/92 of 20 December 1992 establishing a Community system for fisheries and aquaculture [1], and in particular Article 8, paragraph 4,

[1] OJ L 389, 31.12.1992, p. 1.

Having regard to the proposal from the Commission,

Whereas:

(1) Regulation (EC) No 2742/1999 of 17 December 1999 fixing for 2000 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks, applicable in Community waters and, for Community vessels, in waters where limitations in catch are required and amending Regulation (EC) No 66/98 [2] establishes conditions to manage the exploitation rates of stocks of Community interest;

[2] OJ L 341, 31.12.1999, p. 1. Regulation as amended by Regulation (EC) No ... (OJ L ..., ......2000, p. ..).

(2) In accordance with the procedure provided for in the Agreement on fisheries between the European Economic Community, of the one part, and the government of Denmark and the Home Government of the Faeroe Islands of the other part [3] and in the Agreement on fisheries relations between the European Community and the Republic of Estonia [4] the Community has held consultations with the Home Government of the Faeroe Islands and the Republic of Estonia. The delegations agreed to recommend to their respective authorities to fix, for the year 2000, certain fishing opportunities in the form of quotas and licences for the vessels of the other Party. The necessary measures should be taken to implement the results of the consultations in Community legislation.

[3] OJ L 226, 29.8.1980, p. 12.

[4] OJ L 332, 20.12.1996, p. 16.

(3) The areas where Norwegian vessels may fish for blue whiting should be precisely defined, in order to exclude certain zones north and west of Ireland, as specified in the Agreed Record of consultations between the European Community and the Kingdom of Norway on fishing rights for 2000 (Brussels, 2 December 1999).

(4) Council Regulation (EC) No 2742/1999 should be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 2742/1999 is amended as follows:

1. The following entry shall be inserted in the table of Article 3(3):

Estonia // EUR 216 695.

2. The term "Estonia" shall be inserted in Article 10 between "Barbados" and "Guyana" and in subparagraph (ii) of Article 11 before "Latvia".

3. The entries in Annex I shall replace the corresponding entries in annex I A.

4. The entries in Annex II shall be inserted in Annex I A.

5. The entries in Annex III shall replace the corresponding entries in Annex I D.

6. The entry in Annex IV shall be inserted in Annex VI.

7. The entry in Annex V shall be inserted in Annex VI bis.

Article 2

This Regulation shall enter into force on the seventh day 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

ANNEX I

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ANNEX II

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ANNEX III

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ANNEX IV

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ANNEX V

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FINANCIAL STATEMENT

1. Title of operation

Proposal for a Council Regulation amending, for the second time, Regulation (EC) No 2742/1999 fixing for 2000 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks, applicable in Community waters and, for Community vessels, in waters where limitations in catch are required and amending Regulation (EC) No 66/98.

2. Budget heading(s) involved

B7-800

3. Legal basis

Article 8 (4) of Council Regulation (EEC) No 3760/92

4. Description of operation

4.1 General objective

* maintain and develop the traditional activity of Community fishermen in Estonian waters;

* supply the Community market;

* decrease the fishing effort in Community waters.

4.2 Period covered and arrangements for renewal

1 January to 31 December 2000

5. Classification of expenditure or revenue

5.1 Compulsory expenditure

5.2 Differentiated appropriations

6. Type of expenditure or revenue

Financial compensation paid for fishing possibilities in Estonian waters

7. Financial impact

216,695 EUR

7.1 Method of calculating total cost of operation

The financial compensation provided for in Article 4 of the Agreement on Fisheries Relations between the European Community and the Republic of Estonia has been negotiated on the basis of average landing prices for 1998 in Community ports in the Baltic Sea. A deduction has been made for estimated fleet exploitation costs for each of the species.

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Total financial compensation: 216,695 EUR

Average price EUR/tonne: 406

8. Fraud prevention measures

The financial contribution granted by the Community is utilised by Estonia to develop their fisheries sector, in accordance with Article 4 of the Fisheries Agreement. The amount is administered by the Estonian Authorities.

9. Elements of cost-effectiveness analysis

9.1 Specific and quantified objectives; target population

The Community fleet in the Baltic Sea has been severely hit by reductions in catch possibilities, mainly due to biological factors (low salinity of the water, changes in environmental conditions and multi-species interaction). Any increase in fishing possibilities above current critical catch levels will contribute towards preventing the Community fleet, and connected industries and services ashore, from collapsing and disappearing. This will also avoid, to a certain extent, payments under lay-up schemes or social programmes.

The financial compensation, similar to that paid in previous years, is mainly used by Estonia for the continued improvement of scientific research on fisheries, the training of fisheries managers, and control activities. This has entailed improved scientific assessment and enforcement in the fishery zone of Estonia, and has thus contributed to a more rational exploitation of the stocks, to the benefit of all concerned in the Baltic Sea.

9.2 Grounds for the operation

The fisheries policy is exclusive Community competence. The financial compensation for fishing possibilities in third countries' waters, negotiated in accordance with the provisions laid down in bilateral fisheries agreements, has consequently to be paid out of the Community budget.

The expenses proposed are foreseen in the budgetary planning for the period concerned.

9.3 Monitoring and evaluation of the operation

The Commission receives monthly statistics on catches and landings. The utilisation of the contracted fishing possibilities is therefore assessed on a regular basis.

10. Administrative expenditure (Section III, Part A of the budget)

The proposal does not require new Commission staff or entail additional administrative costs.