18. 3. 85 Official Journal of the European Communities No C 70/9 
Proposal for a Council Regulation instituting a specific Community regional development 
measure contributing to the development of new economic activities in certain zones affected 
by the implementation of the Community fisheries policy 
COM(84) 715 final 
(Submitted by the Commission to the Council on 21 December 1984) 
(85/C 70/04) 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Economic Community, 
Having regard to Council Regulation (EEC) No 724/75 
of 18 March 1975 establishing a European Regional 
Development Fund ('), as last amended by Regulation 
(EEC) No 3325/80 (2), and in particular Article 13 (3) 
thereof, 
Having regard to the proposal from the Commission, 
Having regard to the opinion of the European 
Parliament, 
Having regard to the opinion of the Economic and Social 
Committee, 
Whereas Article 13 of Regulation (EEC) No 724/75 
(hereinafter referred to as 'the Fund Regulation') 
provides, independently of the national allocations of 
resources fixed by Article 2 (3) (a) of that Regulation, for 
participation by the Fund in financing specific 
Community regional development measures which are in 
particular linked with Community policies and with 
measures adopted by the Community in order to take 
better account of their regional dimension or to reduce 
their regional consequences; 
Whereas the Member States concerned have provided the 
Commission with information on regional problems 
which might be the subject of a specific Community 
measure; 
Whereas the Fund's resources are allocated with due 
regard to the relative severity of regional imbalances 
within the Community; 
Whereas certain non-member countries with Atlantic sea 
coasts extended their exclusive fishery zones to 200 
nautical miles from 1975; whereas from 1977 certain 
Member States of the Community, acting in concert, were 
led to apply similar measures off their coasts bordering 
(») OJ No L 73, 21. 3. 1975, p. 1. 
(2) OJ No L 349, 23. 12. 1980, p. 10. the North Sea, the North Atlantic, the Western Atlantic, 
the Skagerrak, the Kattegat and the Baltic Sea; whereas in 
view of the over-exploitation of the stocks of the main 
species the Commission adopted interim conservation 
measures for fishery resources; 
Whereas the Council adopted Regulation (EEC) No 
101/76 (3) establishing a common structural policy for 
the fisheries sector comprising measures restricting 
catches of certain species, as well as the zones, periods, 
methods and fishing equipment in the seas mentioned 
above; 
Whereas the Council adopted Regulation (EEC) No 
170/83 (4) establishing a Community system for the 
conservation and management of fisheries resources and 
also implementing Regulations (5); whereas this system 
comprises notably measures restricting TACs (total 
allowable catches) and the sharing-out of the same by 
means of national quotas for individual species, and 
certain technical measures comprising reductions in 
by-catches; whereas these arrangements are likely to 
affect the fisheries activities of Member States with coasts 
bordering those seas; 
Whereas these developments, taken as a whole, have 
affected and will affect, notably as regards employment, 
certain zones in France, the United Kingdom and 
Denmark which are highly dependent on fishing and are 
situated in regions characterized by a difficult socio­
economic situation; 
Whereas it is necessary for the Community, by means of a 
specific Community regional development measure, to 
reinforce existing local, national and Community 
measures aimed at stimulating the creation of new 
employment in such zones in order to replace lost jobs and 
thus help to reduce regional imbalances; 
Whereas other assistance from Community Funds, 
capable of being usefully combined, should be given in 
these zones; 
(3) OJ No L 20, 19. 1. 1976, p. 19. 
(4) OJ NoL 24, 27. 1. 1983, p. 1. 
(5) Council Regulations (EEC) No 171/83 to (EEC) No 181/83 
inclusive, OJ No L 24, 27. 1. 1983, pp. 14 to 107. 
No C 70/10 Official Journal of the European Communities 18. 3. 85 
Whereas the existence of an unfavourable physical 
environment due to the state of dereliction of certain 
fishing ports and their surrounding industrial and urban 
areas makes it difficult to attract new employment-
providing activities to these zones; hereby established, contributing to the development of 
new economic activities in cetain zones adversely affected 
by the implementation of the Community fisheries 
policy. 
Whereas the encouragement of small and medium-sized 
undertakings (hereinafter referred to as 'SMUs') and of 
craft activities requires that they be enabled better to 
adapt their productive potential in particular by way of 
investment aids and by facilitating access to necessary 
services in management, organization and finance; 
Whereas economic activity in the zones concerned should 
be given greater stimulus through and especially active 
administration of available public aids and services, in 
particular those provided for under the special 
programme; whereas to this end, it is necessary to 
establish or extend advisory agencies responsible for 
informing existing or potential undertakings about access 
to such aids and services and for helping them to take 
advantage of them; 
Whereas account must be taken of the potential for 
tourism in these areas and of the effect that the promotion 
and coordinated management of tourism could have on 
employment and incomes; 
Whereas the Community measure must be implemented 
in the form of special multiannual programmes; whereas 
it is for the Commission, in approving these programmes, 
to satisfy itself that the operations planned thereunder 
comply with the provisions of this Regulation; 
Whereas the special programmes must correspond to 
certain of the objectives encompassed by the regional 
development programmes provided for under Article 6 of 
the Fund Regulation; 
Whereas the Commission must verify that the special 
programmes are properly carried out by examining the 
annual reports which the Member States concerned 
present to it for this purpose; 
Whereas the Council, the European Parliament and the 
Economic and Social Committee must be informed 
regularly on the implementation of this Regulation, Article 2 
1. The specific measure shall apply to zones which in 
principle meet the following criteria: 
(a) a minimum number of jobs in the fisheries sector; 
(b) employment dependent in large measure on the 
fisheries sector; 
(c) job losses in the fisheries sector; 
(d) the social and economic situation in the region in 
which the zone concerned is situated. This situation 
shall be assessed on the basis of the per capita gross 
domestic product and structural unemployment; 
(e) eligibility of the zone concerned for a national 
regional-aid scheme. 
2. The zones complying with the criteria referred to in 
paragraph 1 shall be the following: 
(a) in Denmark: the Amtskommune of Bornholm; in the 
Amtskommune of Nordjylland, all kommuner north 
of the Limfjord except Alborg; in the Amtskommune 
of Viborg, the kommuner of Hanstholm, Thisted, 
Sydthy, Morso, Sallingsund and Sundsore; in the 
Amtskommune of Ringkobing, the kommuner of 
Thyboron-Harboor, Thyholm, Lemvig, Ulborg-
Vemb, Ringkobing, Holmsland, Skjern and 
Egvad; 
(b) in France: in the departement of Charente-maritime 
the arrondissement of La Rochelle, in the 
departement of Finistere the arrondissement of 
Quimper and in the departement of Morbihan the 
arrondissement of Lorient; 
(c) in the United Kingdom: the travel-to-work areas of 
Hull and Grimsby. 
Article 3 
HAS ADOPTED THIS REGULATION: 
Article 1 1. The specific measure shall be implemented in the 
form of a special programme (hereinafter referred to as 
'the special programme') to be presented to the 
Commission by each of the Member States concerned. 
A specific Community regional development measure 
(hereinafter referred to as 'the specific measure') within 
the meaning of Article 13 of the Fund Regulation is 2. The objective of the special programme shall be to 
contribute to the development of employment-providing 
activities in the zones referred to in Article 2. It shall to 
18. 3. 85 Official Journal of the European Communities No C 70/11 
this end be directed towards the improvement of their 
physical environment, this being necessary in order to 
encourage the setting up of such activities, towards the 
development of SMUs and craft activities, towards the 
stimulation of economic activity in general, and towards 
the promotion of tourism. 
3. The preparation and implementation of the special 
programme shall be closely coordinated with national 
and Community policies and financial instruments, in 
particular the Guidance Section of the European 
Agricultural Guidance and Guarantee Fund and the other 
financial instruments of the fishing sector, the Social 
Fund, the European Investment Bank and the new 
Community instrument. 
4. The special programme shall fall within the 
framework of the regional development programmes 
mentioned in Article 6 of the Fund Regulation. 
5. The special programme shall contain appropriate 
information, as specified in the Annex hereto, analyzing 
the situation and needs related to the objectives stated in 
paragraph 2, the operations proposed, the timetable for 
carrying them out and, in general, all factors necessary to 
enable its consistency with regional-development 
objectives to be assessed. 
6. The duration of the special programme shall be five 
years starting from the 60th day after the date on which 
this Regulation enters into force. 
7. The special programme shall be approved by the 
Commission after intervention by the Fund Committee in 
accordance with the procedure laid down in Article 16 of 
the Fund Regulation. 
8. When approving the special programme, the 
Commission shall satisfy itself that the programme is 
compatible with Article 20 of the Fund Regulation. 
9. The Commission shall inform the European 
Parliament of the amounts adopted for the zones when 
the special programme is approved. 
10. Once it has been approved, the special programme 
shall be published for information by the Commission. 
Article 4 
The Fund may participate, within the framework of the 
special programme, in the following operations: 
1. Redevelopment of fishing ports by means of 
demolition, conversion of reconstruction works in 
order to establish new activities. Redevelopment of run-down sites whose character is 
industrial or industrial and urban to the extent to 
which the two aspects cannot be dissociated, 
including: the cleaning-up and preparation of such 
areas, demolition and redevelopment of disused 
industrial buildings and conversion of their sites, 
including the modernization and conversion of 
premises for SMUs and craft activities, the creation of 
green areas and minor works for improving the 
appearance of localities and, where justified, minor 
roads giving access to the locations of new 
activities. 
2. Studies aimed at identifying the development 
potential of the zones listed at Article 2 (2), 
including: 
— sectoral analyses intended to provide SMUs and 
craft undertakings with information on the 
potential of national, Community and external 
markets and on the effects to be anticipated 
therefrom on production and organization of 
these undertakings, 
— research work on marine and coastal problems 
including environmental protection matters, but 
excluding those pertaining to the fisheries 
sector. 
3. If justified by the analyses mentioned under point 2, 
or other satisfactory evidence, aids to investment in 
SMUs or craft activities in order to create new 
undertakings or, where existing undertakings are 
concerned, to facilitate: 
— conversion of fisheries industry undertakings to 
operation in other sectors, 
— adaptation of the production of undertakings 
from other sectors to market potential. 
Such investment may also concern common services 
for a number of undertakings. 
4. Creation or development of consultancy firms or 
other bodies for management or organization 
matters; setting-up or development of economic 
promotion agencies. 
The activities of such firms or bodies may include 
temporary assistance to undertakings for the 
implementation of their recommendations. 
Economic promotion agencies shall be responsible 
for: 
— opening possibilities, through direct contacts at 
local level, for economic ventures by giving advice 
about access to available public aids and services, 
particularly those provided for under the special 
programme, and 
No C 70/12 Official Journal of the European Communities 18. 3. 85 
— contributing to the success of these ventures by 
helping existing or potential undertakings to take 
advantage of such aids and services. 
5. Promotion of tourism: 
(a) construction and conversion of tourist accom­
modation, including furnished accommodation 
for holiday letting and camping and caravan 
sites; 
(b) establishment and development of common 
services or agencies responsible for promotion 
and advertising, the organization of touristic 
events and the coordinated management of 
accommodation services, including the 
organization of information briefings for 
persons in the tourist industry; 
(c) installation of equipment and creation of 
infrastructure directly linked with the 
development of marine tourism; work to 
improve marine sports facilities; development of 
infrastructure facilitating access to tourist areas, 
including those for pleasure aircraft; 
(d) environmental protection work, where this is 
preliminary to the development of tourism: 
— vital shore protection works, 
— installation of water quality analysis and 
monitoring equipment, 
— improvement of waste treatment and 
disposal installations. 
Article 5 
1. The special programme shall be the subject of joint 
financing between the Member State and the 
Community. The contribution from the Fund shall be 
provided within the framework of the appropriations 
entered for this purpose in the general budget of the 
European Communities. The Community's contribution 
is laid down as follows: 
(a) reclamation and conversion operations under point 
1 of Article 4: 50% of public expenditure; 
(b) operations relating to studies under point 2 of 
Article 4: 70% of their cost; 
(c) operations relating to investment under point 3 of 
Article 4: 50% of the public expenditure resulting 
from the granting of aid to the investment. Such aid 
may contain a supplementary element compared to 
the most favourable existing regional arrangements. 
The supplementary aid which is to be borne by the 
Community for four years may be up 10 % of the cost of the investment. The public aid may take the form 
of a capital grant or an interest rebate; 
(d) operations relating to consultancy services under 
point 4 of Article 4: aid covering part of the 
expenditure of undertakings relating to services 
provided by consultancy firms or bodies. The aid 
shall last for three years and shall be degressive. It 
shall cover 70 % of expenditure in the first year and 
shall not exceed 55 % of the total expenditure over 
the three-year period (indirect aid); the Member 
State may replace this system by an equivalent 
system of aid to consultancy firms or bodies (direct 
aid); 
(e) operations relating to economic promotion under 
point 4 of Article 4: aid covering a part of the 
operating costs arising from the activities of 
promoters. The aid shall last for five years and shall 
be degressive. It shall cover 60% of operating 
expenditure in the first year and shall not exceed 
50 % of the total expenditure per promoter over the 
five-year period. These activities, which must be new 
and concern specifically the zones referred to in 
Article 2, may be entrusted by the Member State 
concerned to special bodies; 
(f) operations relating to tourism: 
(i) operations relating to accommodation under 
point 5 (a) of Article 4: 50% of the public 
expenditure resulting from the granting of 
investment aid, with a limit of 30 % of the cost 
of the investment, 
(ii) operations relating to the promotion of tourism 
under point 5 (b) of Article 4: aid covering part 
of the operating costs of the common services 
or agencies. These operating costs may include 
the cost of advertising campaigns and of tour 
studies. The aid shall last for three years and 
shall be degressive. It shall cover 70% of 
operating costs in the first year and shall not 
exceed 55 % of the total of these costs over the 
three-year period, 
(hi) operations relating to equipment and 
infrastructure under point 5 (c) of Article 4: 
50% of public expenditure, 
(iv) operations relating to environmental 
protection work under point 5 (d) of Article 4: 
50 % of public expenditure. 
2. For the aid referred to in paragraph 1 (a), (c) and (f) 
(i), (iii) and (iv), aggregation of aid from the quota and 
non-quota sections of the Fund shall be excluded. 
3. The categories of beneficiaries of Fund assistance in 
respect of operations provided for in paragraph 1 may be: 
public and local authorities, other bodies, undertakings 
18. 3. 85 Official Journal of the European Communities No C 70/13 
and individuals. The aids referred to in paragraph 1 (d) 
may not have the effect of reducing the share paid by 
undertakings to less than 20% of total expenditure. 
4. The amount of the Fund's assistance in favour of 
the special programme may not exceed the amount fixed 
by the Commission at the time when the programme is 
approved under Article 3 (7). 
5. Budgetary commitments relating to the financing of 
the special programme shall be implemented by annual 
tranche. The first tranche shall be committed at the time 
of the Commission's acceptance of the programme. The 
commitment of subsequent annual tranches shall be made 
according to budgetary availability and progress on the 
programme. 
Article 6 
1. The amount of the Fund contribution in respect of 
the measures included in the special programme shall be 
paid to the Member State concerned or directly, and in 
accordance with the latter's instructions, to the bodies 
responsible for their implementation, according to the 
following rules: 
(a) expenditure incurred from the date of entry into 
force of this Regulation shall be eligible; 
(b) where there is a financial contribution by the 
Member State, payments, other than advance 
payments referred to in point (c), shall be made as far 
as possible in parallel with the payment of the 
Member State's contribution. In any other case, 
payments shall be made when the Member State 
certifies that the amount is due and may be paid by 
the Community. 
Each request for payment shall be accompanied by a 
statement from the Member State certifying the 
operation and the existence of detailed supporting 
documents, and shall contain the following 
information: 
— the nature of the operations covered by the 
payment claim, 
— particulars of the amount and nature of the 
expenditure paid in respect of the operations 
during the period covered by the claim, 
— confirmation that the operations described in 
the payment claim have been commenced in 
accordance with the special programme; 
(c) at the request of a Member State, advances may be 
granted for each annual tranche according to 
progress made on operations and budgetary 
availability. From the beginning of operations, a 60 % advance 
on the Fund contribution concerning the first annual 
tranche may be paid by the Commission. Where the 
Member State certifies that half this first tranche has 
been spent, a second advance, of 25 %, may be paid 
by the Commission. 
When payment of the following annual tranche has 
begun, advances may be paid under the terms of the 
preceding subparagraphs. 
The balance of each annual tranche shall be paid at 
the request of the Member State when it has certified 
that the operations corresponding to the tranche in 
question may be considered as finished, and on 
presentation of the amount of public expenditure 
which has been incurred. 
2. At the end of each year, the Member State 
concerned shall present to the Commission a report on the 
progress made in carrying out the special programme by 
reference to the information required in the Annex 
hereto. These reports should enable the Commission to 
satisfy itself that the special programme is being executed, 
to observe its effects and to establish that the different 
operations are being carried out in a mutually coherent 
manner. They shall be forwarded to the Regional Policy 
Committee. 
3. On the basis of these reports and the relevant 
decisions, the Commission shall report under the 
conditions laid down in Article 21 of the Fund 
Regulation. 
4. Where major amendments are made to a special 
programme during implementation, the procedure 
provided for in Article 3 (7) shall apply. 
5. When each special programme has been 
implemented, a report including information on the 
number and nature of the jobs created and maintained 
shall be presented by the Commission to the Regional 
Policy Committee and to the European Parliament. 
6. Article 9 (1) to (5) of the Fund Regulation shall 
apply, as required, to the specific measure provided for in 
this Regulation. 
Article 7 
This Regulation shall enter into force on the day 
following its publication in the Official Journal of the 
European Communities. 
This Regulation shall be binding in its entirety and 
directly applicable in all Member States. 
# 
No C 70/14 Official Journal of the European Communities 18. 3. 85 
ANNEX 
The special programme shall include the following information on the zones covered under Article 2: 
1. In respect of fishing ports and industrial sites: 
(a) (i) description of the state of the fishing ports and an analysis of the state of dereliction of sites 
and the industrial premises, 
(ii) particulars of existing actions for resolving the problem of dereliction and of the average 
annual public expenditure involved; 
(b) in relation to the operations envisaged under Article 4: a description and exact location of 
programmes for the development of the fishing ports and for the reclamation of derelict sites and 
conversion of industrial premises. Where relevant, details of essential minor road links. 
2. In respect of small and medium-sized undertakings (SMUs) and craft industries: 
(a) (i) a description of the present situation of SMUs and craft industries in the different sectors and 
an evaluation of their possibilities for future development. Analysis of their situation and 
needs, particularly as concerns management and organization, 
(ii) a description of aid systems for the SMUs and craft industries and of the nature of existing 
services available showing, by categories of aids and services, the resultant annual average 
public expenditure involved; 
(b) in relation to the operation envisaged under Article 4: 
(i) particulars of the nature of sectoral analyses bearing on production structures, market 
potential and measures to be implemented in order to adapt and develop production and 
make it commercial, 
(ii) a description of rules governing aids set up under the programme, 
(iii) a description of the different types of management and organization services to be provided to 
SMUs and craft industries. Particulars of the bodies responsible for the provision of such 
services and for activating the development of SMUs and craft undertakings. 
Description of the activities envisaged within the framework of the economic animation 
programme. 
3. Description of the research on the problems of the sea and coasts envisaged within the framework of the 
programme under the second paragraph of Article 4 (2). 
4. In respect of tourism: 
(a) (i) analysis of the situation and the needs of tourism and an estimate of the potential tourist 
demand during the period covered by the programme; description of the needs in the field of 
the preservation and protection of the environment, 
(ii) particulars of the aid schemes and other measures designed to promote tourism and the 
preservation and protection of the environment, with an indication of the annual average 
public expenditure incurred under such systems; 
(b) in relation to the operation envisaged under Article 4: 
(i) estimate of the capacity and the type of additional accommodation proposed to be installed 
or converted, 
(ii) nature and activities of the bodies responsible for the development and promotion of 
tourism, 
(iii) description of the types of tourist infrastructure to be provided and their location, 
(iv) investment for the preservation and protection of the environment, 
(v) description of the public aids related to the different measures in the tourism sector. 
5. In respect of the totality of the special programme: 
(a) a description, as far as possible with figures, of the objectives covered by the special programme, 
particularly regarding employment; 
(b) a description of existing or prospective public measures proposed to be carried out side by side 
with the special programme in order to improve the employment situation in the zones covered by 
Article 2, and in particular measures related to: 
— aids for productive investment, 
— investment in infrastructure, 
18. 3. 85 Official Journal of the European Communities No C 70/15 
— aids related to worker and professional training and retraining and, as appropriate, those 
which are particularly aimed at the employment of young people and for the benefit of former 
workers in the fishing industry. 
This description must be accompanied by a statement giving particulars of the national 
authorities' intentions as regards the use of other resources deriving from Community structural 
Funds; 
(c) an indication of the amounts of public expenditure in connection with the measures envisaged 
under(b)above; 
(d) the timetable for carrying it out; 
(e) estimation of the volumes of public expenditure connected with the programme's implementation, 
including an annual breakdown of such expenditure for each of the operations envisaged; 
(f) designation of the bodies responsible for execution of the programme and the various 
operations; 
(g) information measures planned to make potential beneficiaries and professional organizations 
aware of the possibilities offered by the special programme and of the role played by the 
Community in this respect. 
Proposal for a Council Directive on limit values and quality objectives for discharges of certain 
dangerous substances included in List I in the Annex to Directive 76/464/EEC 
COM (84) 772 final 
(Submitted by the Commission to the Council on 28 January 1985) 
(85/C 70/05) 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Economic Community, and in particular Articles 100 and 
235 thereof, 
Having regard to Council Directive 76/464/EEC of 
4 May 1976 on pollution caused by certain dangerous 
substances discharged into the aquatic environment of the 
Community (!), and in particular Article 6 thereof, 
Having regard to the proposal from the Commission, 
Having regard to the opinion of the European 
Parliament, 
Having regard to the opinion of the Economic and Social 
Committee, 
Whereas, in order to protect the aquatic environment of 
the Community against pollution by certain dangerous 
substances, Article 3 of Directive 76/464/EEC 
introduces a system of prior authorization laying down 
emission standards for discharges of the substances in 
List I in the Annex thereto; whereas Article 6 of the said 
Directive provides that limit values shall be laid down for 
such emission standards and also quality objectives for 
the aquatic environment affected by discharges of these 
substances; 
H OJ No L 129, 18. 5. 1976, p. 23. Whereas the Member States are required to apply the 
limit values except in cases where they may employ 
quality objectives; 
Whereas the dangerous substances covered by this 
Directive are to be included in List I because of their 
toxicity, persistence and bioaccumulation, or where there 
is evidence that they have a carcinogenic effect in or via 
the aquatic environment; 
Whereas, since pollution due to the discharge of these 
substances into the aquatic environment is caused by a 
large number of industries, it is necessary to lay down 
specific limit values for discharges acc6rding to the type of 
industry concerned and to lay down quality objectives for 
the aquatic environment into which these substances are 
discharged; 
Whereas the purpose of the quality objectives is to 
eliminate pollution of the various parts of the aquatic 
environment which might be affected by discharges of 
these substances; 
Whereas such quality objectives must be laid down 
expressly for this purpose and not with the intention of 
establishing rules pertaining to consumer protection 
or to the marketing of products from the aquatic 
environment; 
Whereas a specific monitoring procedure should be laid 
down to enable Member States to demonstrate that the 
quality objectives are being complied with;