COMMISSION OF THE EUROPEAN COMMUNITIES 
Brussels, 07.01.1998 
C()M(97) 723 final 
98/0008 (CNS) 
Proposal for a 
COUNCIL REGULATION (EC) 
laying down the criteria and arrangements regarding Community structural assistance in 
the fisheries and aquaculture sector and the processing and marketing of its products 
^consolidated version^ 
(presented by the Commission) 
EXPLANATORY MEMORANDUM 
In the context of a people's Europe, the Commission attaches great importance to 
simplifying and clarifying Community law so as to make it clearer and more accessible 
to the ordinary citizen, thus giving him new opportunities and the chance to make use 
of the specific rights it gives him. 
This aim cannot be achieved so long as numerous provisions that have been amended 
several times, often quite substantially, remain scattered, so that they must be sought 
partly in the original instrument and partly in later amending ones. Considerable re­
search work, comparing many different instruments, is thus needed to identify the 
current rules. 
For this reason a consolidation of rules that have frequently been amended is also 
essential if Community law is to be clear and transparent. 
On 1 April 1987 the Commission therefore decided to instruct its staff that all legis­
lative measures should be consolidated after no more than Ten amendments, stressing 
that this was a minimum requirement and that departments should endeavour to con­
solidate at even shorter intervals the texts for which they were responsible, to ensure 
that the Community rules were clear and readily understandable. 
The Conclusions of the Presidency of the Edinburgh European Council (December 
1992) confirmed this, stressing the importance of legislative consolidation as it offers 
certainty as to the law applicable to a given matter at a given time. 
It must be undertaken in full compliance with the normal Community legislative pro­
cedure. 
Given that no changes of substance may be made to the instruments affected by legis­
lative consolidation. Parliament, the Council and the Commission have agreed, by an 
interinstitutional agreement dated 20 December 1994, that an accelerated procedure 
may be used for the fast-track adoption of codification instruments. 
The purpose of this proposal (l) for legislative consolidation of Council Regulation 
(EC) No 3699/93 of 21 December 1993, laying down the criteria and arrangements 
regarding Community structural assistance in the fisheries and aquaculture sector and 
the processing and marketing of its products, is to undertake official codification of 
this type. The new regulation will supersede the various regulations incorporated in 
it (2); their content is fully preserved, and they are brought together with onlv such 
formal amendments as are required by the codification exercise itself. 
This legislative consolidation proposal was drawn up on the basis of a preliminary 
consolidation, in all the official languages, of Regulation (EC) No 3699/93 and the 
instruments amending it, carried out by the Office for Official Publications of the 
European Communities, by means of the data-processing system referred to in the 
conclusions of the European Council meeting at Edinburgh. AJthough the articles 
have been given new numbers, the old numbering has been retained in the margin for 
ease of reference; the correlation between the old and new numbers is shown in a 
table set out in Annex IV, Part A to the consolidated Regulation. 
(*) Entered in the legislative programme for 1997. 
(2) See Annex IV, Part B of this Proposal. 
PROPOSAL FOR A 
COUNCIL REGULATION (EC) No .J... 
of ... 
laying down the criteria and arrangements regarding Community structural assistance 
in the fisheries and aquaculture sector and the processing and marketing of its products 
THE COUNCIL OF THE EUROPEAN UNION, 
Having regard to the Treaty establishing the European 
Community, and in particular Article 43 thereof, 
Having regard to the proposal from the Commission, 
Having regard to the opinion of the European Parlia­
ment (!), 
Having regard to the opinion of the Economic and So­
cial Committee (2); 
1) Whereas Council Regulation (EC) No 3699/93 of 21 De­
cember 1993 laying down the criteria and arrangements 
regarding Community structural assistance in the fish­
eries and aquaculture sector and the processing and mar­
keting of its products (3) has been frequently and sub­
stantially amended (4); whereas for reasons of clarity and 
rationality the said Regulation should be codified; 
2) Whereas Council Regulation (EEC) No 2052/88 of 24 
June 1988 on the tasks of the Structural Funds and their 
effectiveness and on coordination of their activities be­
tween themselves and with the operations of the Euro­
pean Investment Bank and the other existing financial 
instruments (5) and Council Regulation (EEC) No 
4253/88 (6) laying down provisions for implementing Re­
gulation No 2052/88 define the general objectives and 
tasks of the Structural Funds and the financial instru­
ment for fisheries guidance, their organization, the assist­
ance methods, programming and general organization of 
the aid provided by the Funds and the general financial 
arrangements; 3699/93 
(adapted) 
(2) 
(3) 
(4) 
(5> 
(6> OJ No C.... 
OJ No C.... 
OJNoL346, 31. 12. 1993, p. 1. Regulation as last amended by 
Regulation (EC) No 25/97(OJ No L 6,10. 1. 1997, p. 7). 
See Annex IV, Part B. 
OJ No L 185,15.7.1988, p. 9. Regulation as last amended by the 
Act of Accession of Austria, Finland and Sweden. 
OJ No L 374, 31.12.1988, p. 1. Regulation as last amended by 
Regulation (EC) No 3193/94 (OJ No L 337,24. 12. 1994, p. 11). 
3 
3) Whereas Council Regulation (EEC) No 3760/92 of 20 
December 1992 establishing a Community system for 
fisheries and aquaculture (') lays down the objectives 
and general rules of the common policy; whereas the de­
velopment of the Community fishing fleet must in par­
ticular be restricted according to the decisions that the 
Council is called to take by virtue of Article 11; whereas 
it is for the Commission to translate these decisions into 
precise measures at the level of each Member State; 
whereas, furthermore, the provisions of Council Regula­
tion (EEC) No 2847/93 of 12 October 1993 establishing 
a control system applicable to the common fisheries 
policy (2) must be respected; 
4) Whereas Council Regulation (EEC) No 2080/93 of 20 
July 1993 laying down provisions for implementing Re­
gulation (EEC) No 2052/88 as regards the financial in­
strument of fisheries guidance (3), (FIFG) defines the 
specific tasks of Community structural aid measures in 
the fisheries and aquaculture sector and the industry 
processing and marketing its products, hereinafter re­
ferred to as 'the sector'; whereas under Article 6 the. 
Council must decide on the terms and conditions of the 
contribution of the FIFG to adaptation measures of the 
structures of the sector; 
5) Whereas the Council must lay down detailed rules for 
the implementation of measures connected with the 
modification of the structures of the sector in order to 
ensure that FIFG assistance achieves the objectives as­
signed to the structural policy of the sector within the 
overall framework of Community structural assistance 
and the common fisheries policy as a whole, which 
comes under the exclusive competence of the Commun­
ity, and so that each Member State is in a position to 
manage structural assistance in the sector; whereas, in so 
far as such assistance is not limited to the granting of 
Community aid, it is appropriate in particular to inte­
grate, in a coherent manner, the programming of the re­
structuring of Community fishing fleets in the context of 
structural assistance as a whole; 
6) Whereas promotion of products or forms of processing 
should be encouraged in those cases where official rec­
ognition of origin with reference to a specified geo­
graphical zone is granted pursuant to Council Regulation 
(EEC) No 2081/92 of 14 July 1992 on the protection of 
geographical indications and designations of origin for 
agricultural products and foodstuffs (4); whereas the use 
of geographical references can be permitted only if such 
official recognition of origin has been granted; 3699/93 
3. (adapted) 
4. 
2. 25/97 
t1) 
(2) 
(3) 
(4) OJ No L 389, 31.12. 1992, p. 1. Regulation as last amended by 
the Act of Accession of Austria, Finland and Sweden. 
OJ No L 261,20.10.1993, p. 1. Regulation as last amended by 
Regulation (EC) No 686/97 (OJ No L 102, 19. 4. 1997, p. 1). 
OJ No L 193, 31. 7. 1993, p. 1. 
OJ No L 208, 27. 7. 1992, p. 1. Regulation as last amended by 
Regulation (EC) No 1068/97 (OJ No L 156,13. 6. 1997, p. 10). 
4 
7) Whereas Article 7b of Council Regulation (EEC) No 
3759/92 of 17 December 1992 on the common organiz­
ation of the market in fishery and aquaculture prod­
ucts (*) provides for financial aid to producer organiz­
ations implementing a plan to improve the quality and 
marketing of their products; whereas for reasons of legal 
and budgetary consistency, this Regulation should refer 
to this aid; 
8) Whereas financial aid for FIFG in the case of temporary 
cessation of activities, taking account of this type of in­
tervention, must remain an exceptional measure; whereas 
it is therefore advisable to set a ceiling on the funds 
allocated to this measure, without prejudice to possible 
recourse, on a case-by-case basis, to the specific 
measures referred to in Article 3 of Regulation (EEC) 
No 2080/93; 
9) Whereas the fishing industry is now undergoing far-
reaching changes in the context of a serious crisis; 
whereas the necessary adjustments to the industry en­
tailed by the application of the common fisheries policy 
as laid down in Regulation (EEC) No 3760/92 are creat­
ing a need for an extensive range of accompanying 
measures of a socio-economic nature; 
10) Whereas a range of socio-economic accompanying 
measures to assist enterprises and individuals in the fish­
ing industry as well as areas dependent on fishing is al­
ready available at Community level in the general con­
text of the Structural Funds; 
11) Whereas these measures are not, however, sufficient to 
prevent the fishing industry from losing dynamic and 
skilled members through the reduction of fishing capac­
ity; whereas appropriate measures should therefore be 
implemented at Community level, in particular to assist 
elderly fishermen; 
12) Whereas the provisions of the London Convention (ITC 
69) were extended to all fishing vessels by Council Re­
gulation (EEC) No 2930/86 of 22 September 1986 defin­
ing characteristics of fishing vessels (2); whereas the im­
plementation of the provisions of the said Convention 
will generalize, by 1 January 2004 at the latest, the use 
of gross tonnage as the unit of tonnage to all vessels of 
the fishing fleet of the European Union; 25/97 
(adapted) 
4. 965/96 
(adapted) 
2719/95 
(adapted) 
(adapted) 
1624/95 
(adapted) 
(*) OJ No L 388, 31.12. 1992, p. 1. Regulation as last amended by 
Regulation (EC) No 3318/94 (OJ No L350,31.12.1994, p. 15). 
(2) OJ No L 274,25.9.1986, p. 1. Regulation amended by Regula­
tion (EC) No 3259/94 (OJ No L 339, 29.12.1994, p. 11). 
13) Whereas there should be provision for a specific activity 
threshold that renders a fishing vessel eligible for 
measures of permanent withdrawal as regards fishing 
vessels registered in the North Baltic ports, having re­
gard to the special climatic conditions of the region 
which cause its water which is only slightly salty to 
freeze for a large part of the year, 
14) Whereas national and Community rules are at the heart 
of a strengthening of the conditions controlling access to 
fish resources, in particular by the introduction of sys­
tems of fishing licences and permits; whereas those new 
restrictions on access are having the effect of increasing 
the value of vessels, in particular those more than 30 
years old; whereas this increase in value has made with­
drawals of those fishing vessels more difficult to guaran­
tee than in the past; 
15) Whereas provision should be made to ensure that pref­
erence is given to the withdrawal from the fleet of the 
oldest of the vessels; whereas the premiums should 
therefore be maintained at a sufficiently high level to 
guarantee the withdrawal of that category of vessels, 1624/95 
(adapted) 
965/96 
(adapted) 
HAS ADOPTED THIS REGULATION: 
Article J 
Scope 
The financial instrument of fisheries guidance (FIFG) may, 
under the conditions laid down in this Regulation, provide 
assistance for the measures referred to in Titles II, III and 
IV, within the fields covered by the common fisheries 
policy as defined in Article 1 of Regulation (EEC) No 
3760/92. 
TITLE I 
PROGRAMMING 
Article 2 
General provisions 
1. The measures referred to in Article 1 of this Regula­
tion shall be the subject of a two-stage programming pro­
cedure under the conditions laid down in Articles 3 and 4. 
2. Provision for the restructuring of the Community's 
fishing fleets shall be made in multiannual guidance pro­
grammes, as referred to in Article 5. 
Article 3 
Sectoral plans and aid applications 
1. Each Member State shall present to the Commission 
in the form of a single programme document, hereinafter 
referred to as 'the document*: 
— a sectoral plan, 
— an aid application. 
Each document shall cover a period of six years, the first 
programming period beginning on 1 January 1994. 
For the part of the programme period covered by a multi-
annual guidance programme already approved by the Com­
mission under Article 5 (2), the document shall be drawn 
up in accordance with paragraph 2 of this Article. 
For the remainder of the programme period not yet 
covered by a multiannual guidance programme approved 
by the Commission, the programme information given in 
the document shall be purely indicative; it shall be 
specified by Member States when the new multiannual 
guidance programme is approved, in accordance with its 
objectives. 
The documents covering programme periods following the 
first period shall be submitted at least six months before 
the start of each period. 3699/93 
(adapted) Article 1 
Article 2 
Article 3 
(adapted) 
2. Each sectoral plan may cover all of the fields referred 
to in Titles II, III and IV. It shall contain all the informa­
tion specified in Annex I. It shall be drawn up in accord­
ance with the objectives of the common fisheries policy 
and the provisions of the multiannual guidance programme 
referred to in Article 5. 
Aid applications shall be drawn up in accordance with 
Article 14 (1) and (2) of Regulation (EEC) No 4253/88. 
They shall describe all the measures that are planned in 
order to give effect to common measures and shall specify 
the forms of assistance within the meaning of Article 5 of 
Regulation (EEC) No 2052/88. 
3. The document shall draw a distinction between in­
formation relating to Objective 1 regions and information 
relating to other regions. 
The information relating to Objective 1 regions shall be 
covered by the programming referred to in Article 8 (7) of 
Regulation (EEC) No 2052/88 and Article 5 (2) of Regula­
tion (EEC) No 4253/88. 3699/93 
Article 4 
Community programmes 
1. The Commission shall examine the sectoral plans to 
determine whether they are consistent with the tasks of the 
FIFG as provided for in Article 1 of Regulation (EEC) No 
2080/93 and with the provisions and policies referred to in 
Articles 6 and 7 of Regulation (EEC) No 2052/88. 
Aid applications shall be examined in accordance with 
Article 14 (3) and (4) of Regulation (EEC) No 4253/88. 
2. On the basis of the document referred to in Article 3 
of this Regulation, within six months of receiving it, the 
Commission shall adopt a single decision on a Community 
programme for structural assistance in the sector. 
The Commission's decision, taken in accordance with the 
procedure laid down in Article 8 of Regulation (EEC) No 
2080/93, shall be taken in the framework of the partner­
ship referred to in Article 4 (1) of Regulation (EEC) No 
2052/88 and in agreement with the Member State 
concerned. 
The Commission's decision on a Community programme 
shall be communicated to the Member State concerned 
and published in the Official Journal of the European 
Communities. 
3. Community programmes shall be drawn up in ac­
cordance with the objectives of the common fisheries 
policy and the provisions of the multiannual guidance 
programmes referred to in Article 5. They may in particu­
lar, to this end, be revised in the event of major changes 
and at the end of each programme period for the re­
structuring of the Community's fishing fleets. Article 4 
Article 5 
Multiannual guidance programmes for fishing fleets 
1. For the purposes of this Regulation, a 'multiannual 
guidance programme for the fishing fleet' shall mean a 
series of objectives accompanied by a set of measures for 
their realization, allowing for management of fishing effort 
on a consistent, longer-terra basis. 
2. On the basis of multiannual objectives and measures 
for restructuring the fisheries sector as laid down by the 
Council pursuant to Article 11 of Regulation (EEC) No 
3760/92, the Commission shall, acting in accordance with 
the procedure provided for in Article 18 of Regulation 
(EEC1 No 3760/92. approve the multiannual guidance pro­
grammes for individual Member States. 
3. The multiannual guidance programmes adopted for 
the period from 1 January 1993 to 31 December 1996, as 
referred to in Article 9 (1) of Regulation (EEC) No 
2080/93, shall remain in effect until they expire. 
Article 6 
Monitoring multiannual guidance programmes 
1. For the purpose of monitoring the implementation of 
multiannual guidance programmes, Member States shall 
transmit to the Commission, before 1 April each year, a 
document reviewing the progress made with their multian­
nual guidance programme. Within three months of this 
deadline the Commission shall forward an annual report to 
the European Parliament and the Council on the imple­
mentation of multiannual guidance programmes throughout 
the Community. 
2. Member States shall transmit to the Commission 
information on the monitoring of fishing effort by fleet 
segment, particularly as regards the development of capa­
cities and the corresponding fishing activities, in accord­
ance with the procedures implemented by the Commission. 
3. To this end the Commission shall operate a Com­
munity register of fishing vessels designed for use in man­
aging fishing effort. 
4. The Commission shall adopt the rules relating to the 
register referred to in paragraph 3 in accordance with the 
procedure laid down in Article 18 of Regulation (EEC) No 
3760/92. 
5. At the request of the Member State concerned or the 
Commission, or pursuant to provisions laid down in the 
multiannual guidance programmes, any multiannual guid­
ance programme which has been approved may be re­
examined and, if necessary, revised. 3699/93 
(adapted) Article 5 
1624/95 - Art. 1 (1) 
3699/93 
(adapted) Article 6 
6. The Commission shall decide whether or not to ap­
prove the revisions provided for in paragraph 5 of this 
Article in accordance with the procedure laid down in 
Article 18 of Regulation (EEC) No 3760/92. 
7. For the implementation of this Article, Member Sta­
tes must comply in particular with Article 24 of Regulation 
(EEC) No 2847/93. 
TITLE II 
IMPLEMENTATION OF MULTIANNUAL GUIDANCE 
PROGRAMMES FOR FISHING FLEETS 
Article 7 
Common provisions 
1. At the end of a multiannual guidance programme, 
where, with regard to a given segment of a Member State's 
fleet, the reductions in capacity financed by official aid 
lead to overachieveraent of the objectives for that segment, 
the new situation brought about solely as a result of that 
aid may not be invoked to bring into service new capacity. 
These provisions do not apply in the particular case of 
small local coastal fishing fleets made up of vessels of 
under 220 kW, for which fisheries quotas have not been set 
at Community level. 
For such fleets, the Member State may finance, by State 
aids alone and within the limits of the premiums and ceil­
ings of the official aids referred to in 1.3 and 2.1 of Annex 
III, the capacities corresponding to this excess. 
2. Each year, for each fleet segment, Member States 
shall ensure that aid for modernization and construction 
does not result in an increase in fishing effort. 
Article 8 
Adjustment of Fishing effort 
1. Member States shall take measures to adjust fishing 
effort to achieve at least the objectives of the multiannual 
guidance programmes referred to in Article 5. 
Where necessary, Member States shall take measures to 
stop vessels' fishing activities permanently or restrict them. 
2. Measures to stop vessels' fishing activities permanent­
ly may include: 3699/93 
Article 7 
1 (adapted) 
Article g 
10 
— scrapping, 
— permanent transfer to a third country, provided such 
transfer is not likely to infringe international law or 
affect the conservation and management of marine 
resources, 
— permanent re-assignment of the vessel in question to 
uses other than fishing in Community waters. 
For vessels of less than 25 gross registered tonnes (GRT) 
or 27 gross tonnes (GT) only the scrapping of the vessel 
may qualify for official aid within the meaning of this 
Article. 
Member States shall ensure that vessels concerned by such 
measures are deleted from the registration lists for fishing 
vessels and from the Community fishing vessel register. 
They shall also ensure that deleted vessels are permanently 
excluded from fishing in Community waters. 
3. Measures to restrict fishing activities may include 
restrictions on fishing days or days at sea authorized for a 
specific period. Such measures may not give rise to any 
State aid. 
Article 9 
Re-orientation of fishing activities — temporary joint 
ventures and joint enterprises 
1. Member States may take measures to promote the 
re-orientation of fishing activities by encouraging the crea­
tion of temporary joint ventures and/or joint enterprises. 
2. For the purposes of this Regulation 'temporary joint 
venture' means any association based on a contractual 
agreement of limited duration between Community ship­
owners and physical or legal persons in one or more third 
countries with which the Community maintains relations, 
with the aim of jointly fishing for and exploiting the fishery 
resources of the third country or countries and sharing the 
costs, profits or losses of the economic activity jointly 
undertaken, with a view to the priority supply of the 
Community market. 
The contractual agreement shall provide for the catching 
and, where necessary, the processing and/or marketing of 
those species covered, the provision of know-how and/or 
the transfer of technology where linked to the said oper­
ations. 3699/93 
1624/95 - Art. 1 (2) 
Article 9 
11 
3. For the purposes of this Regulation 'joint enterprise' 3699/93 
means any company regulated by private law comprising 
one or more Community shipowners and one or more 
partners in a third country, constituted in the framework of 
formal relations between the Community and the third 
country, with the aim of fishing for and possibly exploiting 
fishery resources in the waters under the sovereignty and/ 
or jurisdiction of the third country, with a view to the 
priority supply of the Community market. 
4. Where necessary the Commission, acting in accord­
ance with the procedure referred to in Article 8 of Regula­
tion (EEC) No 2080/93, shall set conditions for imple­
menting this Article. 
Article 10 
Fleet renewal and modernization of fishing vessels 
1. Member States may take such measures to promote (adapted) 
the construction of fishing vessels as comply with the 
global annual intermediate objectives and the final objec­
tives by segment under their multiannual guidance pro­
gramme within the stated time limits. 
Member States shall, when forwarding any pertinent aid 
proposal, inform the Commission of provisions taken to 
ensure that this condition is complied with. 
2. Member States may take measures to promote the 
modernization of fishing vessels. Such measures shall be 
subject to the conditions referred to in paragraph 1 where 
investments are likely to result in an increase in fishing 
effort. Article 10 
TITLE III 
INVESTMENT AID IN THE FIELDS OF AQUACULTURE, THE 
DEVELOPMENT OF COASTAL WATERS, FISHING PORT 
FACILITIES AND PROCESSING AND MARKETING 
Article 11 
Scope 
1. Member States may, under the conditions specified in (adapted) 
Annex II, take measures to encourage capital investment in 
the following fields: 
— aquaculture, 
— protection and development of marine resources in 
coastal waters, in particular by the installation of fixed 
or movable facilities to enclose protected underwater 
areas, 
— fishing port facilities, 
— processing and marketing of fishery and aquaculture 
products. Article 11 
12 
2. In addition, Member States may take measures to 
encourage the devising and implementation of systems for 
the improvement and control of quality, hygiene condi­
tions, statistical instruments and environmental impact, as 
well as research and training initiatives in enterprises. The 
relevant expenditure, with the exception of beneficiary 
enterprises' operating costs, may be funded from the 
FIFG, provided that it is directly linked to the investments 
referred to in paragraph 1. 3699/93 
TITLE IV 
OTHER MEASURES 
Article 12 
Measures to find and promote new market outlets 
Member States may take measures in favour of finding and 
promoting new market outlets for fishery and aquaculture 
products, in particular: 
— operations associated with quality certification and 
product labelling, 
— promotion campaigns, including those highlighting 
quality issues, 
— consumer surveys, 
— projects to test consumer reactions, 
— organization of and participation in trade fairs and ex­
hibitions, 
— organization of study and sales visits, 
— market studies, including those relating to the pros­
pects for marketing Community products in third 
countries, and surveys, 
— campaigns improving marketing conditions, 
— sales advice and aids, services provided to wholesalers 
and retailers. 
The above measures must not be based around commercial 
brands nor make reference to particular countries or re­
gions except in specific cases where official recognition of 
origin with reference to a specified geographical zone for a 
product or process is granted pursuant to Regulation 
(EEC) No 2081/92. The reference may be used only from 
the date on which the name has been entered on the regis­
ter provided for in Article 6 (31 of Regulation (EEC) No 
2081/92. Article 12 
(adapted) 
25/97 - Art 1 (1) 
13 
Article 13 
Operations by members of the trade 
Member States may take measures to promote operations 
carried out by members of the trade themselves and 
regarded by the competent authorities in the Member 
State as short-term operations of collective interest, 
provided such operations serve to attain the objectives of 
the common fisheries policy. 
The measures referred to in this first subparagraph include 
in particular aid to producer organizations within the 
meaning of Articles 7 and 7b of Regulation (EEC) No 
3759/92. 
Article 14 
Temporary cessation of activities 
Member States may take measures for the temporary 
cessation of activities. 
FIFG assistance may be used only to finance measures 
intended to offset partially the loss of income suffered as a 
result of a temporary cessation of fishing activities caused 
by unforeseen and non-repetitive events resulting from 
biological phenomena in particular. 
This grant cannot exceed, for each calendar year and for 
each Member State, ECU 350 000 or 0,85 % of the funds 
foreseen in the financial plan for each Member State for 
the year concerned, whichever amount is the greater. 
Article 15 
Measures of a socio-economic nature 
1. For the purposes of this Article, "fisherman" shall 
mean anyone engaging in his main occupation on board an 
operational sea-going fishing vessel. 
2. The Member States may take, for fishermen, 
measures of a socio-economic nature associated with 
restructuring of the Community fisheries sector within the 
meaning of Article 11 of Regulation (EEC) No 3760/92. 
3. Financial assistance from the FIFG may only be 
granted for the following measures: 
(a) part-financing of national early-retirement schemes for 
fishermen, provided that the following conditions are 
fulfilled: 
— at the time of early retirement, the age of the 
beneficiaries of the measure must be not more 
than ten years from the legal retirement age for 
the purposes of the legislation in force in the 
Member State, or the beneficiaries must be aged 
at least 55, 3699/93 
(adapted) Article 13 
25/97 - Art. 1 (2) 
Article 14 
965/96 - Art. 1 (1) 
2719/95 - Art. 1 (1) Article 14a 
(adapted) 
14 
— the beneficiaries can show that they have worked 
for at least 10 years as fishermen. 
However, contributions to the normal retirement 
scheme for fishermen during the period of early 
retirement shall not be eligible for financial assistance 
from the FIFG. 
In each Member State, for the entire programming 
period referred to in Article 3, the number of benefi­
ciaries may not exceed the number of jobs eliminated 
on board fishing vessels as a result of those vessels 
permanently stopping fishing activities, within the 
meaning of Article 8 (2), or because of the perma­
nent transfer of vessels to a third country in the con­
text of the creation of a joint enterprise, within the 
meaning of Article 9 (3); 
(b) granting individual compensatory payments to fisher­
men, on the basis of an eligible cost limited to ECU 
7 000 per individual beneficiary, provided the vessel 
on which the beneficiaries were employed has been 
the object of measures permanently stopping its acti­
vities, within the meaning of Article 8 (2), or perma­
nently transferring it to a third country in the context 
of the creation of a joint enterprise, within the mean­
ing of Article 9 (3). 
Under no circumstances may any one fisherman accumu­
late the benefits of the two measures referred to in points 
(a) and (b). 
4. The Member States shall adopt the necessary provi­
sions to prohibit any one fisherman from accumulating 
benefits from the two measures referred to in paragraph 3 
(a) and (b). They shall also make the necessary arrange­
ments to ensure that the beneficiaries of the measure 
referred to in paragraph 3 (a) permanently give up work 
as fishermen and that the compensation referred to in 
paragraph 3 (b) is refunded on a pro rata temporis basis 
where the beneficiaries return to their work as fishermen 
within a period of less than six months after the decision 
to grant them the compensation. 
5. Unless provisions to the contrary are adopted 
according to the procedure provided for in Article 43 of 
the Treaty, this Article shall automatically be repealed 
when the first programming period referred to in Article 3 
of this Regulation expires. 2719/95 Art. 1 (1) 
15 
TITLE V 
GENERAL AND FINANCIAL PROVISIONS 
Article 16 
Compliance with the conditions governing assistance 
1. Member States shall ensure that the special conditions 
governing assistance listed in Annex II to this Regulation 
are complied with. 
2. When requesting payment of each annual aid instal­
ment, Member States shall certify that compliance with the 
conditions governing assistance set out in this Regulation 
has been verified. 
3. Where the conditions referred to in paragraph 2 have 
not been complied with, the Commission shall carry out a 
suitable examination of the circumstances in the framework 
of the partnership, in particular asking the Member State 
or the authorities appointed by it for implementation of 
the measure to submit their comments within a given 
period. 
Following that examination, the Commission may suspend, 
reduce or cancel FIFG assistance in the area of assistance 
concerned as defined in point 1 of Annex I if the exami­
nation confirms that the conditions referred to in para­
graph 2 have not been complied with. 
Article 17 
Scales and rates of assistance 
1. The maximum amounts of assistance payable under 
this Regulation and the limits on financial participation 
from the Member States, beneficiaries and the Community 
are listed in Annex III. 
2. Amounts in ecus set by this Regulation shall be con­
verted into national currency at the rate published in the 
Official Journal of the European Communities, C series. 
The conversion shall be made at the rate applicable on 
1 January of the year of the Member State's decision to 
grant the premium or aid. 
3. Within the scope of this Regulation, Member States 
may introduce supplementary aid measures subject to 
conditions or rules other than those laid down in this 
Regulation, or covering a sum in excess of the maximum 
amounts referred to in this Article, provided that they 
comply with Articles 92, 93 and 94 of the Treaty. 
4. From 1 January 2004 only reference to the GT unit 
of tonnage shall be possible in this Regulation. 3699/93 
Article 15 
(adapted) 
Article 16 
(adapted) 
25/97 - Art. 1 (3) 
3699/93 
1624/95 - Art. 1 (3) 
16 
Article 18 
Budget commitments 
1. In the case of multiannual operations. Member States 
shall forward to the Commission each year the information 
required to permit commitment of the annual instalments 
provided for in Article 20 of Regulation (EEC) No 
4253/88. 
2. Budgetary resources shall be committed in line with 
the implementation stages set out in the decisions granting 
assistance. 
3. Detailed rules for the application of this Article shall 
be adopted by the Commission in accordance with the 
procedure laid down in Article 8 of Regulation (EEC) No 
2080/93. 
Article 19 
Procedures for the payment of assistance 
1. Financial assistance shall be paid in accordance with 
Article 21 of Regulation (EEC) No 4253/88 and in line 
with the implementation stages and financial provisions set 
out in the decision to grant assistance. 
2. Applications for payment must be accompanied by 
documents providing evidence of the progress made in 
implementing the operation and any payments made by 
the Community and national authorities to the bene­
ficiaries. 
3. Detailed rules for the application of this Article shall 
be adopted by the Commission in accordance with the 
procedure laid down in Article 8 of Regulation (EEC) No 
2080/93. 
Article 20 
Repeal 
Regulation (EC) No 3699/93 is repealed. 
The references to the above Regulation shall be construed 
as references to this Regulation and should be read in ac­
cordance with the correlation table set out in Annex IV, 
Part A. 
Article 21 
Entry into force 
This Regulation shall enter into force on the date of its 
publication in the Official Journal of the European Commu­
nities. 3699/93 ArticU 
Article 18 
This Regulation shall be binding in its entirety and directly 
applicable in all Member States. 
Done at Brussels 
For the Council 
The President 
17 
ANNEX I 
INDICATIVE CONTENTS OF SECTORAL PLANS 
1. Description of current situation broken down by 
area of assistance (*) 
— Strengths and weaknesses. 
— Summary of operations undertaken and impact 
of funds used in previous years. 
— Needs of the sector. 
2. Strategy for adjustment of fishery structures 
— General objectives under the common fisheries 
policy. 
— Objectives specific to each area of assistance, ., 
quantified if possible. 
— Anticipated impact (on employment, production, 
etc.). 
3. Means to attain the objectives 
— Measures selected (legal, financial or other) in 
each area of assistance. 
— Indicative financing schedule covering the entire 
programming period and listing the national and 
Community resources provided for each area of 
assistance. 
— Indications of how the FIFG assistance is to be 
used (forms of assistance, etc.). 
— Justification for Community assistance. 3699/93 ANNEX I 
(*) 'Area of assistance' means subsectors of the fishery sector 
whose problems can be grouped together, for example: 
— adjustment of fishing effort, 
— renewal and modernization of the fishing fleet, 
— aquaculture, 
— enclosed seawater areas, 
— fishing port facilities, 
— product processing and marketing, 
— product promotion. 
18 
ANNEX II 
SPECIAL CONDITIONS AND CRITERIA FOR 
ASSISTANCE 
1. Implementation of multiannual guidance pro­
grammes (Title II) 
1.1. Permanent withdrawal (Article 8 (2)) 
(a) Permanent withdrawal may concern only vessels 
which have carried out a fishing activity for at 
least 75 days at sea in each of the two periods of 
12 months preceding the date of request for per­
manent withdrawal or, as the case may be, a 
fishing activity for at least 80 % of the number 
of days at sea permitted by current national re­
gulations. In the Baltic Sea the number of seven­
ty five davs shall be reduced to sixty davs for 
vessels registered in ports, situated north of paral­
lel 59° 30- N. 
(b) Operations may concern only vessels more than 
10 years old. 
1.2. Temporary joint ventures and joint enterprises (Ar­
ticle 9) 
(a) Operations must satisfy the following conditions: 
— they must involve vessels of more than 25 
GRT or 27 gross tonnes (GT). registered in 
a Community port, operating for more than 
five years under the flag of a Community 
Member State and technically suited to the 
proposed fishing operations; however, a 
minimum operating period of five years will 
not be required of vessels registered in a 
Community port between 1 January 1989 
and 31 December 1990, 
— the vessels in question must fly the flag of a 
Member State throughout the duration of 
the temporary joint venture, which must 
consist of fishing activities lasting between 
six months and one year, 
— in the case of the founding of a joint enter­
prise, they must be accompanied by the per­
manent transfer of the vessels to the third 
country concerned with no possibility of a 
return to Community waters. 3699/93 
(adapted) ANNEX III 
1624/95 - Art. 1 (4) 
1624/95 - Art. 1 (5) 
19 
(b) The financial assistance given to joint enterprise 
projects may not be added to other Community 
aid granted under this Regulation or Regulations 
(EEC) No 2908/83 (^ or (EEC) No 4028/86. 
The assistance granted is to be reduced pro rata 
temporis by the amount previously received in 
the following cases: 
— aid for construction during the 10 years pre­
ceding the setting-up of the joint enterprise, 
— aid for the modernization and/or allowance 
for a temporary joint venture during the 
five years preceding the setting-up of the 
joint enterprise. 
1.3. Vessel construction (Article 10) 
(a) Vessels must be built to comply with the regula­
tions and directives governing hygiene and safety 
and the Community provisions concerning the di­
mension of vessels. They shall be entered in the 
appropriate segment of the Community register. 
(b) Financial assistance shall be granted by way of 
priority to those vessels using the most selective 
fishing gear and methods. 
1.4. Vessel modernization (Article 10) 
(a) Investments should relate to: 
— the rationalization of fishing operations, in 
particular by the use of more selective fish­
ing gear and methods, and/or 
— improvement of the quality of products 
caught and preserved on board, the use of 
better fishing and preserving techniques and 
the implementation of legal and regulatory 
provisions regarding health, and/or 
— improvement of working conditions and 
safety, and/or 
— equipment on board vessels to monitor fish­
ing activities. 
(b) Operations may cover only vessels less than 30 
years old. This limit shall not apply where invest­
ment relates to the improvement of working 
conditions and safety and/or equipment on board 
vessels to monitor fishing activities. 3699/93 
f1) Council Regulation (EEC) No 2908/83 of 4 October 1983 
(OJ No L 290, 22. 10. 1983, p. 1). 
20 
Investment in the areas referred to in Title III 3699/93 
2.0. General 
(a) Investments must: 
— contribute to lasting economic benefits from 
the structural improvement in question, 
— offer an adequate guarantee of technical 
and economic viability, in particular by 
avoiding the risk of creating surplus produc­
tion capacity. 
(b) In all the spheres referred to in Title III, physi­
cal investment intended to improve conditions of 
hygiene or human or animal health, to improve 
product quality or reduce pollution of the envi­
ronment shall be eligible. 
(c) Investment in the purchase of land, coverage of 
general expenses beyond 12 % of costs and ve­
hicles for passenger transport shall not be eligi­
ble. 
2.1. Aquaculture 
Measures may involve physical investments: 
(a) in the construction, equipping, expansion and 
modernization of aquaculture installations, such 
as: 
— the construction, modernization and acquisi­
tion of buildings, 
— works concerning the development or im­
provement of water circulation in aquacul­
ture enterprises, 
— the acquisition and installation of new plant 
and machinery intended exclusively for 
aquaculture production, including service 
vessels and equipment concerned with data 
processing and data transmission; 
(b) concerning projects intended to demonstrate, on 
a scale approaching that of normal productive in­
vestments, the technical and economic viability of 
farming species not yet commercially exploited in 
the aquaculture sector or innovative farming 
techniques, provided that they are based on suc­
cessful research work. 
2.2. Development of coastal waters 
Investments should meet the following conditions: 
(a) they must include scientific monitoring of the 
operation for at least five years, in particular the 
evaluation and momtoring of the development of 
marine resources in the waters concerned; 
21 
(b) they must be carried out by public institutions, 
recognized producer organizations or bodies de­
signated for that purpose by the competent au­
thorities of the Member State concerned. 
2.3. Fishing port facilities 
(a) Eligible investments shall relate in particular to 
installations and equipment: 
— to improve the conditions under which fish­
ery products are landed, handled and stored 
in ports, 
— to support fishing vessel activities (provision 
of fuel, ice and water, maintenance and re­
pair of vessels), 
— to improve jetties with a view to improving 
safety during the landing or loading of 
products. 
(b) Priority is to be given to investments: 
— of interest to all fishermen using a port, 
— contributing to the general development of 
the port and to the improvement of services 
offered to fishermen. 
2.4. Processing and marketing 
(a) Eligible investments shall relate in particular to: 
— the construction and acquisition of buildings 
and installations, 
— the acquisition of new equipment and instal­
lations needed for the processing and mar­
keting of fishery and aquaculture products 
between the time of landing and the end-
product stage (including in particular data-
processing and data-transmission equip­
ment), 
— the application of new technologies in­
tended in particular to improve competitive­
ness and increase value added. 
(b) Investments shall not be eligible for assistance 
where they concern: 
— fishery and aquaculture products intended 
to be used and processed for purposes other 
than human consumption, with the excep­
tion of investments exclusively for the hand­
ling, processing and marketing of fishery 
and aquaculture product wastes, 
— the retail trade. 3699/93 
22 
Promotion (Article 12) 
(a) Eligible expenditure shall cover in particular: 
— expenditure by advertising agencies and other 
providers of services involved in the preparation 
and implementation of promotion campaigns, 
— the purchase or hire of advertising space and the 
creation of slogans and labels for the duration of 
promotion campaigns, 
— expenditure on publishing, external staff, prem­
ises and vehicles required for the campaigns. 
(b) Priority is to be given to: 
— campaigns to encourage the sale of surplus 
or underexploited species, 
— campaigns of a collective nature, 
— operations to develop a quality policy for 
fishery and aquaculture products. 
(c) The beneficiary's operating costs (staff, equip­
ment, vehicles, etc.) shall not be eligible. 3699/93 
23 
ANNEX 111 
SCALES AND RATES OF ASSISTANCE 
1. Scales of assistance relating to fishing fleets 
(Title II) 
1.1. Permanent withdrawal and joint enterprises (Articles 
8 (2) and 9 (3); Annex II, 1.1 and 1.2) 
TABLE 1 
Class of vessel by gross 
registered tonnage (GRT) 
0 < 25 
25 < 50 
50 < 100 
100 < 400 
400 and over Maximum amount of 
premium for a 15-year-old 
vessel (in ecus) 
6 215/GRT 
5 085/GRT + 28 250 
4 520/GRT + 56 500 
2 260/GRT + 282 500 
1 130/GRT + 734 500 
TABLE 2 (•) 
Class of vessel (GT) 
0,2 < 10 
10 < 25 
25 < 100 
100 < 300 
300 < 500 
500 and over Maximum amount of 
premium for a 15-year-old 
vessel (in ecus) 
8 130/GT + 1 200 
4 100/GT + 41 500 
3 520/GT + 56 000 
2 348/GT + 173 200 
1 912/GT + 304 000 
1 045/GT + 737 500 
(*) Vessels longer than 24 metres between perpendiculars may 
only benefit from the premiums in Table 2 or 4. 
24 (a) The premiums for scrapping of a vessel for set­
ting up joint enterprises paid to beneficiaries 
may not exceed the following amounts: 
— 15-year-old vessels: see Tables 1 and 2 
above, 
— vessels less than 15 years old: scale from 
Tables 1 and 2 increased by 1,5 % per year 
less than 15, 
— vessels more than 15 years old: scale from 
Tables 1 and 2 decreased by 1,5 % per year 
over 15 and up to 30 years old, the age be­
yond which premiums are limited to the 
amount for vessels 30 years old. 3699/93 
(adapted) 
1624/95 - Art. 1 (6) 
(adapted) ANNEX IV 
965/96 - Art. 1 (2) 
(b) Premiums for the permanent transfer of a vessel 
to a third country or for permanent re-assign­
ment, in Community waters, to uses other than 
fishing paid to beneficiaries, may not exceed the 
maximum amounts for the scrapping premiums 
referred to in (a) above, less 50 %. 
1.2 Temporary cessation of fishing activities and temporary 
joint ventures (Articles 14 and 9 (2)); Annex II, 1.2) 
The laying-up premiums (for temporary cessation) 
and cooperation premiums (for temporary joint ven­
tures) paid to beneficiaries may not exceed the scales 
set out in Tables 3 and 4 below. 
TABLE 3 
Class of vessel by gross 
registered tonnage (GRT) 
0 < 
25 < 
50 < 
70 < 
100 < 
200 < 
300 < 
500 < 1000 
1 000 < 1 500 
1500 < 2 000 
2 000 < 2 500 
2 500 and over 25 
50 
70 
100 
200 
300 
500 Maximum amount of 
premium per vessel 
(ecu/day) 
4,52/GRT + 
4,30/GRT + 
3,50/GRT + 
3,12/GRT + 
2,74/GRT + 
2,36/GRT + 
2,05/GRT + 
1,76/GRT + 
1,50/GRT + 
1,34/GRT + 
1,23/GRT + 
1,15/GRT + 20 
25 
65 
88 
120 
177 
254 
372 
565 
764 
956 
1137 
TABLE 4 {* 
Class of vessel (GT) 
0 < 
10 < 
25 < 
50 < 
100 < 
250 < 
500 < 1 500 
1500 < 2 500 
2 500 and over 10 
25 
50 
100 
250 
500 Maximum amount of 
premium per vessel per day 
for a vessel (in ecus) 
5.2 /GT + 
4.3 /GT + 
3,2 /GT + 
2,5 /GT + 
2.0 /GT + 
1,5 /GT + 
1.1 /GT + 
0,9 /GT + 20 
30 
55 
90 
140 
265 
465 
765 
0,67/GT + 1 340 
(*) Vessels longer than 24 metres between perpendiculars may 
only benefit from the premiums in Table 2 or 4. 
25 1624/95 - Art. 1 (6) 
(adapted) 
1.3. Construction aid (Article 10; Annex II, 1.3) 
The eligible expenditure for aid for the construction 
of fishing vessels may not exceed the scales in Tables 
1 and 2 above, increased by 37,5 %. However, for 
vessels with a steel or glass fibre hull, the coefficient 
of increase is 92,5 %. 
1.4. Modernization aid (Article 10; Annex II, 1.4) 
The eligible expenditure for aid for the modernization 
of fishing vessels may not exceed 50 % of the eligible 
costs for construction aid referred to in 1.3 above. 
2. Participation rates 
For all the operations referred to in Titles II, III and 
IV, the restrictions on Community participation (A), 
total State participation (national, regional and oth­
ers) by the Member State concerned (B) and, where 
applicable, participation by private beneficiaries (C) 
shall be subject to the following conditions, expressed 
as a percentage of eligible costs: 
2.1. Investments in enterprises 
Group 1: construction and modernization of vessels, 
aquaculture; 
Group 2: other investments and measures with fi­
nancial participation by private beneficia­
ries. 
TABLE 5 
2.2. Group 1 Group 2 
Objective 1 A < 50 % A < 50 % 
regions 
B > 5 % B > 5 % 
C > 40 % C > 25 % 
Other regions A < 30 % A < 30 % 
B > 5 % B > 5 % 
C > 60 % C > 50 % 1624/95 - Art. 1 (6) 
(adapted) 
Other measures: scrapping premiums, temporary cessa­
tion premiums, temporary joint ventures, joint enter­
prises and investments and measures financed exclu­
sively by the Community and the national, regional or 
other authorities of the Member States concerned, in­
cluding the measures referred to in Article 15 (3). 3699/93 
2719/95 - Art. 1 (2) 
26 
TABLE 6 
Objective 1 regions 50 % < A < 75 % 
B > 25 % 
Other regions 25 % < A < 50 % 
B > 50 % 3699/93 
(adapted) 
27 
ANNEX IV 
Part A 
CORRELATION TABLE 
Regulation 3699/93 Present Regulation 
Article 1 
Article 2 
Article 3 (1), 1st to 4th subparagraphs 
Article 3 (1), 5th subparagraph (up to semi-colon) 
Article 3(1), 5th subparagraph (after semi-colon) 
Article 4 
Article 5(1) 
Article 5 (2) 
Article 5 (3) 
Article 5 (4) 
Article 6 
Article 7 
Article 8 
Article 9 
Article 10(1) 
Article 10 (2), 1st subparagraph 
Article 10 (2), 2nd subparagraph 
Article 11 
Article 12 
Article 13 
Article 14 
Article 14a 
Article 15 
Article 16(1) 
Article 16 (1) a 
Article 16 (2) 
Article 16 (3) 
Article 17 
Article 18 
Annex I 
Annex II 
Annex III Article 1 
Article 2 
Article 3 (1), 1ST to 4th subparagraphs 
Article 3 (1), 5th subparagraph 
Article 4 
Article 5(1) 
Article 5 (2) 
Article 5 (3) 
Article 6 
Article 7 
Article 8 
Article 9 
Article 10(1) 
Article 10 (2) 
Article 11 
Article 12 
Article 13 
Article 14 
Article 15 
Article 16 
Article 17(1) 
Article 17 (2) 
Article 17 (3) 
Article 17 (4) 
Article 18 
Article 19 
Article 20 
Article 21 
Annex I 
Annex II 
28 
Regulation 3699/93 Present Regulation 
Annex IV, 1 
Annex IV, 1.1 Table 1 
Annex IV, 1.1 Table la 
Annex IV, 1.1 (a) and (b) 
Annex IV, 1.2 Table 2 
Annex IV, 1.2 Table 2a 
Annex IV, 1.3 and 1.4 
Annex IV, 2 
Annex IV, 2.1 Table 3 
Annex IV, 2.1 Table 4 Annex III, 1 
AnnexIII, 1.1 Table 1 
Annex III, 1.1 Table 2 
AnnexIII, 1.1 (a) and (b) 
AnnexIII, 1.2Table 3 
AnnexIII, 1.2 Table 4 
Annex III, 1.3 and 1.4 
Annex III, 2 
AnnexIII, 2.1 Table 5 
Annex III, 2.1 Table 6 
Annex IV 
29 
Part B 
Regulations amending Regulation (EEC) No 3699/93 
No Official Journal 
page date 
Council Regulation (EC) No 1624/95 of 29 June 1995 
Council Regulation (EC) No 2719/95 of 20 November 1995 
Council Regulation (EC) No 965/96 of 28 May 1996 
Council Regulation (EC) No 25/97 of 20 December 1996 L 155 1 6. 7.1995 
L283 3 25.11.1995 
L 131 1 1. 6.1996 
L 6 7 10.1.1997 
30 
ISSN 0254-1475 
COM(97) 723 final 
DOCUMENTS 
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Catalogue number : CB-CO-97-744-EN-C 
ISBN 92-78-29822-0 
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