No C 139/36 Official Journal of the European Communities 5. 6. 89 
Opinion on the 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 
(89/C 139/10) 
On 19 December 1988 the Council decided to consult the Economic and Social Committee, 
under Article 198 of the Treaty establishing the European Economic Community, on the 
abovementioned proposal. 
The section for Agriculture and Fisheries, which was responsible for preparing the Com­
mittee's work on the subject, adopted its Opinion on 2 March 1989. The rapporteur was Mr 
Muiiiz Guardado. 
On 30 March 1989, at its 264th plenary session, the Economic and Social Committee adopted 
unanimously the following Opinion. 
1. General comments 
1.1. The Committee endorses the Commission's pro­
posal and considers it necessary for the control of 
fishing. 
1.2. The Committee feels that the Commission pro­
posal as currently formulated and the lack of sufficient 
detail in the Annex could leave the Commission undue 
powers of decision and assessment. 
1.3. The Committee is doubtful as to the legitimacy 
of some of the measures proposed, especially the sanc­
tions, although it recognizes that sanctions, to be effec­
tive in preventing infringements, must constitute a suf­
ficient deterrent. It should be stressed here that funds 
must under no circumstances be used for purposes other 
than those intended. 
1.4. It is important that the supervisory authorities 
do not break their code of professional secrecy by 
divulging confidential information (e.g. on fishing 
zones, equipment used, etc.) to the national fishing 
industry. 
1.5. The Committee realizes that the suggestions 
contained in this Opinion would entail an increase in 
Community expenditure, and therefore proposes that 
the budget be increased accordingly. 
2. Specific comments 
2.1. Article 1(3) 
The Committee feels that there should be no discrimi­
nation between the Member States, and that ideally the 
percentage should be the same for all Member States. 
But in view of the differing scale of the task of supervis­
ing fishing in the various countries, the Committee 
accepts the flexible contribution rates proposed by the Commission. The range is too great, however, and 
should be reduced. The Committee proposes that the 
Community's contribution should vary between 30% 
and 50 %, bearing in mind that an average contribution 
of 42,26 % is forecast in the financial statement. 
3. Specific comments on the Annex 
Paragraph 1 
3.1. The Committee notes that the eligible expendi­
ture of Member States does not include the cost of 
employing temporary staff needed from time to time 
for specific supervisory duties. It is therefore proposed 
that paragraph 1 of the Annex be divided into two 
parts: one dealing with the financing of equipment and 
the other relating to temporary staff. 
Paragraph 2 
3.2. The Committee does not understand why the 
Commission requires requests for Community aid to 
specify the method of payment envisaged and calls on 
the Commission to clarify this point. 
3.3. In view of their importance the criteria listed in 
paragraphs 3 and 4 should be more specific. 
Special attention should nonetheless be paid to the 
budgetary capacity and prosperity of a Member State, 
linked where necessary to the level of surveillance 
required and the area to be covered. 
Additionality should be deleted from the list of criteria, 
as this concept gives the Member States a direct incen­
tive to reduce their own spending, knowing that the 
Community will make good the shortfall. 
5. 6. 89 Official Journal of the European Communities No C 139/37 
3.4. Paragraph 4, second indent 
Among the criteria proposed for assessing the effective­
ness of supervision the Commission suggests that the 
Council take account of national legislation with 
respect to sanctions (paragraph 4, second indent). The 
Done at Brussels, 30 March 1989. 
PARTI 
Preliminary comments 
1. The Committee notes that the Commission's price 
proposals for the 1989/1990 marketing year are com­
mensurate with the efforts to ensure continuity and 
cohesion in adjusting Community agriculture to the 
new conditions on Community and world markets. 
2. As in other sectors, this adjustment process must 
be socially acceptable. The Committee has already 
referred to this point in its Opinion of 30 October 
1985 on the perspectives for the common agricultural 
policy (x) and its Opinion of 19 November 1987 on the 
Commission's agricultural proposals for implementing 
the Single Act (2). 
(!) OJ No C 330, 20. 12. 1985. 
(2) OJ No C 356, 31. 12. 1987. Committee doubts the Commission's right to propose 
this. The Committee feels that the Commission does 
not have the right to judge penal sanctions where these 
fall within the sovereignty of the Member States and 
have not been the subject of a transfer of sovereignty. 
The Commission could propose the harmonization of 
the Member States' legislation in this area. 
The Chairman 
of the Economic and Social Committee 
Alberto MASPRONE 
3. Steps must be taken to ensure that the accompany­
ing measures are implemented to the same extent in all 
the Member States. Many measures are not im­
plemented everywhere because the Member States do 
not have the requisite additional funds or do not want 
to commit them. As a result either producers are treated 
unevenly or the desired effect (e.g. cutting production 
with the help of set-aside or compensation for reduced 
income) is not achieved. The Committee calls on the 
Commission to act to solve these problems. 
4. The Commission's price proposals should be seen 
in relation to other measures which the Commission 
has proposed: the future of rural society, environment 
and agriculture, the Community strategy and action 
programme for the forestry sector and the protection 
of natural and semi-natural habitats and wild fauna Opinion on the Commission proposals on the prices for agricultural products 
and on related measures (1989/1990) 
(89/C 139/11) 
On 9 February 1989 the Council decided to consult the Economic and Social Committee, 
under Article 198 of the Treaty establishing the European Economic Community, on the 
abovementioned proposal. 
The Section for Agriculture and Fisheries, which was responsible for preparing the Com­
mittee's work on the subject, adopted its Opinion on 2 March 1989. The rapporteur was Mr 
Schnieders. 
At its 264th plenary session (meeting of 31 March 1989) the Economic and Social Committee 
adopted the following Opinion by 89 votes to nine with five abstentions.