No C 20/10 Official Journal of the European Communities 26. 1. 89 
II 
(Preparatory Acts) 
COMMISSION 
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 
COM(88) 703 final 
(Submitted by the Commission on 7 December 1988) 
(89/C 20/14) 
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, 
Having regard to the opinion of the Parliament, 
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 a task of Community interest; 
Whereas the size of the task of each Member State in 
enforcing the said rules is broadly related to the volume 
of fishing activity in its fishery zone and the volume of 
landings on its territory; 
Whereas for any given Member State the size of that 
task 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 
ECU 30 million 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 within the limits of budgetary 
availability; Whereas, however, any such contribution should be 
conditional on the attainment by the Member States 
concerned of a satisfactory standard of enforcement both 
at sea 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 expen­
diture 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 10 % or higher than 
50 % of the eligible expenditure. 
4. Subject to paragraph 3, the Community may grant 
advances up to a maximum of 25 % of eligible expen­
diture. 
5. The Council, acting in accordance with the 
procedure laid down in Article 43 of the Treaty, shall 
decide before 30 June 1994 on the arrangements for 
Community participation which shall apply from 1 
January 1995. 
Article 2 
1. Member States wishing to benefit from Community 
participation in financing expenditure shall forward to 
the Commission by 30 June each year, and on the first 
occasion by 30 June 1989, a schedule containing the 
information specified in paragraph 2 of the Annex. 
26. 1. 89 Official Journal of the European Communities No C 20/11 
2. The Commission shall decide by 31 December each 
year, and on the first occasion by 31 December 1989, 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 ('), on the Community participation, the eligi-
(') OJ No L 24, 27. 1. 1983, p. 1. 
ANNEX 
1. The eligible expenditure of Member States may relate to the acquisition or modernization of: 
— vessels and aircraft 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 organization, activities, problems and 
achievements in the field of fisheries enforcement at sea and on land and explain how the expenditure 
envisaged will improve performance. 
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 and aircraft, 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 and the volume of 
landings in its ports, 
— the budgetary capacity and prosperity of the Member State, 
— the use made by a Member State of any financial aid given under this Decision in any previous year, 
— the extent to which the proposed expenditure would be additional to the expenditure which would 
be made in the absence of Community participation, 
— 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, bility of expenditure and any conditions to which the 
latter may be subject. 
Article 3 
This Decision is addressed to the Member States. 
No C 20/12 Official Journal of the European Communities 26. 1. 89 
— the reliability 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, 
— 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. 
5. The reimbursement of expenditure and the payment of advances shall be made only if the provisions of 
the Directives coordinating 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 case of 
non-publication of the notices in the Official Journal of the Euorpean Communities, the beneficiary shall 
certify that the public contracts have been awarded 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 are 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 an administrative inquiry in which Commission officials may participate. The 
Member State shall inform the Commission of the progress and results of the inquiry and provide the 
Commission with a copy of the report of the inquiry and the main points used in the preparation of the 
report. 
The Commission may carry out checks on the fulfilment of their duties under this Decision by the 
Member States, which shall 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 establishing certain control measures for fishing activities ('). 
(') OJ No L 207, 29. 7. 1987, p. 1. 
Amendment to proposal for Council Directive on health problems affecting the production, 
placing on the market of the Community and importation from third countries of minced meat 
and meat in pieces of less than 100 grams (') 
COM(88) 760 final 
(Submitted by the Commission pursuant to Article 149, paragraph 3 of the EEC Treaty on 
9 December 1988) 
(89/C 20/15) 
On 21 December 1987 the proposal referred to above was presented to the Council by the 
Commission. For the reasons set out in the Explanatory Memorandum, the original proposal is 
hereby amended as follows: 
1. Article 1, paragraph 2, point (a) is replaced by the following: 
'(a) to minced meat and meat in pieces of less than 100 grams prepared on the spot and in 
front of the consumer'. 
(') OJ No C 18, 23. 1. 1988, p. 8.