Proposal for a EUROPEAN PARLIAMENT AND COUNCIL DECISION on the mobilisation of the flexibility instrument

(presented by the Commission)

EXPLANATORY STATEMENT

The fisheries agreement between the European Union and the Kingdom of Morocco has not been renewed, and as a result the fishing fleets covered by the agreement have been forced to stop their operations.

Provisional compensation measures were introduced on 1 December 1999 for a six-month period. They were subsequently extended until December 2000, June 2001 and, finally, December 2001 [1].

[1] These compensation measures take the form of the payments provided for in Article 16(1)(b) of Regulation (EC) No 2792/1999 laying down the detailed rules and arrangements regarding Community structural assistance in the fisheries sector (OJ L 168, 23.06.2001, p.1).

The Nice European Council of 7 December 2000 called for the Union's solidarity with the Member States concerned to take the form of an additional financial measure within the framework of the existing financial perspective. To this end, a targeted measure for the restructuring of the Community fleet which operated under the agreement with Morocco must be introduced.

The Commission has put forward a proposal [2] comprising measures similar to those funded by the Financial Instrument for Fisheries Guidance (FIFG) and modelled on the FIFG's working methods, although, given the exceptional nature of this measure, special adjustments are planned for the fleets concerned. This measure is therefore covered by the second heading, "Structural operations", subheading "Structural Funds", of the financial perspective. [3]

[2] Proposal for a Council Regulation aiming to promote the conversion of vessels and of fishermen that were, up to 1999, dependent on the fishing agreement with Morocco (COM (2001) 384 final, 18.7.2001).

[3] In accordance with the introduction to the preliminary draft general budget of the European Communities for 2002 and the legislative financial statement contained in the Commission proposal.

In view of the total cost of this particular measure (EUR281 million) and the funds already available under the Structural Funds for this type of action, the Commission has proposed that an additional sum of EUR197 million should be earmarked for the measure.

Under the Interinstitutional Agreement of 6 May 1999 on budgetary discipline and improvement of the budgetary procedure, the commitments for structural operations do not leave any margin available beneath the ceiling of heading 2 of the financial perspective.

Paragraph 24 of the Interinstitutional Agreement provides for use of the flexibility instrument to allow financing "for a given financial year and up to the amount indicated, [the annual ceiling being EUR200 million] of clearly identified expenditure which could not be financed within the limits of the ceilings available for one or more other headings." The Commission therefore proposes that the flexibility instrument be used to finance the targeted measure for the conversion of the Spanish and Portuguese fleets.

Proposal for a EUROPEAN PARLIAMENT AND COUNCIL DECISION on the mobilisation of the flexibility instrument (paragraph 24 of the Interinstitutional Agreement of 6 May 1999 on budgetary discipline and improvement of the budgetary procedure)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the interinstitutional agreement on budgetary discipline and improvement of the budgetary procedure [4], and in particular paragraph 24 thereof,

[4] OJ C 172, 18.6.1999, p. 1.

Having regard to the Commission proposal COM(2001)384 final of 18 July 2001 aiming to promote the conversion of vessels and of fishermen that were, up to 1999, dependent on the fisheries agreement with Morocco,

Having regard to the conclusions of the conciliation meeting between the Council and a European Parliament delegation, in which the Commission also took part, held on 21 and 22 November 2001 on the Council's second reading of the 2002 budget,

Whereas:

(1) Following the non-renewal of the fisheries agreement between the European Union and the Kingdom of Morocco, the Nice European Council called on the Commission to put forward proposals with a view to restructuring the Community fleet which operated in Moroccan waters.

(2) The targeted measure for the conversion of the Spanish and Portuguese fleets proposed by the Commission on 18 July 2001, valued at EUR197 million, provides for measures similar to those financed by the Financial Instrument for Fisheries Guidance (FIFG) and is modelled on its working methods, although it proposes special arrangements for the fleets concerned.

(3) This measure comes under heading 2 ("Structural operations"), subheading "Structural Funds", of the financial perspective and supplements the compensatory amounts earmarked in this context since January 2000.

(4) In accordance with paragraph 12(2) of the Interinstitutional Agreement on budgetary discipline and improvement of the budgetary procedure, the amounts to be earmarked for all the measures covered by heading 2 ("Structural operations") of the financial perspective do not allow for a margin.

(5) The conditions for the use of the flexibility instrument, as set out in paragraph 24 of the abovementioned Interinstitutional Agreement, are therefore met,

HAVE DECIDED AS FOLLOWS:

Article 1

For the 2002 budget, the flexibility instrument shall be used to provide the sum of EUR197 million in commitment appropriations.

Article 2

This sum shall be used to finance the targeted measure for the promotion of the conversion of the vessels and fishermen that were, up to 1999, dependent on the fisheries agreement with Morocco, which is covered by the "Structural operations" heading in the financial perspective, under the new line B2-200 N of the 2002 budget.

Article 3

This decision shall be published in the Official Journal of the European Communities at the same time as the 2002 budget.

Done at Brussels,

For the European Parliament For the Council

The President The President