Proposal for a COUNCIL REGULATION derogating from certain provisions of Council Regulation (EC) No 2792/1999 laying down the detailed rules and arrangements regarding Community structural assistance in the fisheries sector

(presented by the Commission)

EXPLANATORY MEMORANDUM

Following the expiry of the Fisheries Agreement between the European Union and Morocco on 30 November 1999, Spain and Portugal have been granting compensation for temporary suspension of fishing activities to the crew and owners of the vessels concerned since 1 January 2000 under Regulation (EC) No 2792/1999 [1]. The Community is contributing to these compensation payments through the Financial Instrument for Fisheries Guidance (FIFG) in the context of the structural programmes concerned.

[1] Council Regulation (EC) No 2792/1999 of 17 December 1999 laying down the detailed rules and arrangements regarding Community structural assistance in the fisheries sector (OJ L 337, 30.12.1999, p. 10).

The relevant fleet conversion plans, approved by the Commission [2], have gone into implementation, making it possible to extend the grant of compensation until 31 December 2000. However, fleet conversion is proving to be a long and delicate operation and the European Council in Nice invited the Commission to "extend the current system of aid for the inactivity of the fleet" [3].

[2] Commission Decisions C(2000)3059 and C(2000)3060 of 30 October 2000 on the conversion plans for the Spanish and Portuguese fleets operating in Moroccan waters.

[3] Document SN 400/00 ("Presidency Conclusions"), point 59.

The Commission is therefore proposing a further extension until 30 June 2001.

Moreover, FIFG assistance to all the measures covered by Article 16 of Regulation (EC) No 2792/1999 [4] for the entire 2000-06 programming period may not exceed a given threshold per Member State. Because of the situation described above, this threshold has already practically been reached for Spain and Portugal, and those two Member States no longer have any reserves for implementing other measures under Article 16 before 31 December 2006.

[4] Compensation for temporary cessation of activities in the event of unforeseeable events, where a fisheries agreement is not renewed or where it is suspended, or where a plan is introduced for the recovery of a resource threatened with exhaustion; financial compensation where technical restrictions are imposed on the use of certain gear or fishing methods.

The Commission is therefore also proposing that the FIFG assistance granted to the fleets dependent on the fisheries agreement with Morocco between 1 January 2000 and 30 June 2001 should not be taken into consideration for the purposes of the threshold concerned.

FIFG appropriations will be reallocated to all the measures covered by Article 16 of Regulation (EC) No 2792/1999 by transferring funds inside the structural programmes concerned, without increasing their overall FIFG allocation or changing the annual breakdown. This legislative proposal therefore has no impact on the Community budget.

2001/0035 (CNS)

Proposal for a COUNCIL REGULATION derogating from certain provisions of Council Regulation (EC) No 2792/1999 laying down the detailed rules and arrangements regarding Community structural assistance in the fisheries sector

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Economic Community, and in particular Articles 36 and 37 thereof,

Having regard to the proposal from the Commission [5],

[5] OJ C [...], [...], p. [...].

Having regard to the opinion of the European Parliament [6],

[6] OJ C [...], [...], p. [...].

Having regard to the opinion of the Economic and Social Committee [7],

[7] OJ C [...], [...], p. [...].

Whereas:

(1) Council Regulation (EC) No 2792/1999 [8] lays down the detailed rules and arrangements regarding Community structural assistance in the fisheries sector. In particular, Article 16 of that Regulation lays down the terms on which the Member States may receive a financial contribution from the Financial Instrument for Fisheries Guidance (FIFG) towards compensation they grant to fishermen and shipowners for the temporary cessation of activities in the event that a fisheries agreement is not renewed or where it is suspended.

[8] OJ L 337, 30.12.1999, p. 10.

(2) The fact that the Fisheries Agreement with Morocco, which expired on 30 November 1999, has not been renewed has had such a heavy economic and social impact that it is appropriate to extend the maximum period during which compensation may be granted so as to allow the conversion plans for the fishing fleets concerned, as approved by the Commission on 30 October 2000 [9], to be implemented.

[9] Commission Decisions C(2000)3059 and C(2000)3060 of 30 October 2000 on the conversion plans for the Spanish and Portuguese fleets operating in Moroccan waters.

(3) The financial assistance paid out by the FIFG since 1 January 2000 to the crews and owners of the vessels affected by this situation represents such a large sum that the remainder of the FIFG appropriations still available for the structural programmes of the Member States concerned under Article 16 of Regulation (EC) No 2792/1999 is no longer sufficient to take any other meaningful action under that Article before 31 December 2006. In these circumstances, there should be a derogation from the thresholds referred to in paragraph 3 of that Article, without thereby changing the overall allocation of FIFG appropriations to the programmes concerned.

(4) It is therefore necessary to derogate from certain provisions of Regulation (EC) No 2792/1999,

HAS ADOPTED THIS REGULATION:

Article 1

Notwithstanding Regulation (EC) No 2792/1999, the Community fleets dependent on the Fisheries Agreement with Morocco covered by the conversion plans approved by Commission Decisions Nos C(2000)3059 and C(2000)3060 of 30 October 2000 may continue to receive compensation as referred to in Article 16(1)(b) of the above Regulation until 30 June 2001.

The financial contribution from the FIFG to the compensation referred to in the previous paragraph between 1 January 2000 and 30 June 2001 shall not be taken into consideration when determining compliance with the thresholds referred to in the first subparagraph of Article 16(3) of Regulation (EC) No 2792/1999.

Article 2

This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.

It shall apply from 1 January 2001.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels,

For the Council

The President