Proposal for a COUNCIL DECISION amending Council Decision 97/413/EC concerning the objectives and detailed rules for restructuring the Community fisheries sector for the period from 1 January 1997 to 31 December 2001 with a view to achieving a balance on a sustainable basis between resources and their exploitation

(presented by the Commission)

EXPLANATORY MEMORANDUM

In a recent communication to the Council [1], the Commission regretted the inadequacy of the existing measures to contain fishing effort under the fourth generation of multiannual guidance programmes (MAGP IV).

[1] Report from the Commission to the Council: Preparation for a mid term review of the multiannual guidance programmes (MAGP) COM (2000) 272 final.

Neither these regimes nor the TAC and quota regime were able to prevent the grave crises for certain stocks on the verge of collapse (cod and hake), for which specific urgent measures must now be adopted, nor were they able to resolve the problem of excessive capacity in the Community fishing fleet. This situation, which can be considered a weakness of the CFP, must be rectified by courageous and effective measures. This excess capacity is a threat both to fish stocks and to other forms of marine life affected as by-catch, and is not compatible with sustainable development.

These measures, other than those required in the context of cod and hake recovery [2], can be incorporated into the reform of the whole of the CFP, as envisaged by the Green Paper on the future of the CFP [3]. This will permit a consultation with the Member States and interested parties in order to define, for the future, a more effective policy for the fleet in relation to the rest of the CFP.

[2] Measures for the recovery of stocks of cod and northern hake will be the subject of separate proposals of the Commission to the Council.

[3] COM (2001) 135 final.

This approach will, however, require a prolongation of the current multiannual guidance programmes until 31 December 2002 in order to allow time to reflect on the future of the future fleet policy.

The Commission has therefore prepared a proposal for the prolongation by one year, that is until 31 December 2002, of the Decision currently in force [4], thus also prolonging by one year the MAGP IV, as well as a proposal for modifications to certain provisions of the Financial Instrument for Fisheries Guidance (FIFG) [5].

[4] Council Decision 97/413/EC of 26 June 1997 concerning the objectives and detailed rules for restructuring the Community fisheries sector for the period from 1 January 1997 to 31 December 2001 with a view to achieving a balance on a sustainable basis between resources and their exploitation. OJ L 175, 3.7.1997, p. 27.

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

Given the Commission's concern that the objectives of the MAGP IV are too modest, any prolongation should at least be associated with measures to make them more effective. The attached proposal therefore removes the possibilities that currently exist under Articles 3 and 4 of Council Decision 97/413/EC to increase the MAGP objectives on the grounds of safety. All new vessels should be constructed to a certain minimum standard of safety, and the capacity to build these new vessels could be found from within the existing capacity objectives.

For the same reason, the proposed modification of the FIFG Regulation also introduces new constraints, namely:

* The granting of aid for constructions and modernisation would be made conditional upon the respect of the MAGP objectives in all segments, not only in the segment concerned.

* The provisions of Article 6 allowing an increase in the MAGP objectives on the grounds of safety, navigation, hygiene, product quality, and working conditions, have been deleted. The reasons for this are the same as those previously described : new vessels should be constructed to a minimum standard and the capacity to build the new vessels should be found from within the existing capacity objectives.

* It is proposed to prohibit the granting of aid for constructions and modernisation in any segment where activity reductions are being implemented as a means of achieving the MAGP objectives. If the profitability of the fleet is such that decommissioning grants are not sufficiently attractive then there is no justification to use public aid to renew the vessels in the segment.

* Fishing under flags of convenience is an increasing concern for the European Union. Article 19 of the International Plan of Action on Illegal, Unreported and Unregulated Fishing (IUU) says: "States shall discourage their nationals from flagging vessels under the jurisdiction of a State which does not meet its flag State responsibilities". The European Community has agreed to this Plan. Although Article 7(3)(b)(i) of Regulation (EC) No 2792/1999 already provides for restrictions on IUU, the Commission finds it appropriate to reinforce them. For this reason the proposed amendment to the FIFG Regulation prohibits the granting of public aid for the transfer of vessels to third countries that have been identified by the relevant fisheries organisations as countries that permit fishing "in a manner which jeopardises the effectiveness of international conservation measures".

A final change to the FIFG Regulation concerns Article 16.2, where the possibility of granting financial compensation to cover the costs of technical restrictions is extended to such restrictions imposed by any Community legislation, not just those imposed by Council Decision.

2001/0128 (CNS)

Proposal for a COUNCIL DECISION amending Council Decision 97/413/EC concerning the objectives and detailed rules for restructuring the Community fisheries sector for the period from 1 January 1997 to 31 December 2001 with a view to achieving a balance on a sustainable basis between resources and their exploitation

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EEC) No 3760/92 of 20 December 1992 establishing a Community system for fisheries and aquaculture [6], as last amended by Regulation (EC) No 1181/98 [7] and in particular Article 11 thereof,

[6] OJ L 389, 31.12.1992, p. 1.

[7] OJ L 164, 9.6.1998, p. 1.

Having regard to the proposal from the Commission [8],

[8] OJ C ...

Having regard to the opinion of the European Parliament [9],

[9] OJ C ...

Whereas:

(1) The Common Fisheries Policy will be reviewed before 1 January 2003. In order to ensure the coherence between the policy for restructuring the fisheries sector and the rest of the Common Fisheries Policy it is therefore necessary to prolong the period of application of Council Decision 97/413/EC until 31 December 2002.

(2) In order to make further progress towards achieving a balance between fisheries resources and their exploitation the fishing effort of the Community fleet should continue to be reduced during the prolongation year.

(3) Measures to improve safety should not lead to an increase in fishing effort and such measures should therefore be applied within the existing capacity objectives for the fleet.

(4) Decision 97/413/EC should therefore be amended accordingly,

HAS ADOPTED THIS DECISION:

Article 1

Council Decision 97/413/EC is amended as follows:

1) Article 2 is amended as follows :

a) In paragraph 1 "31 December 2001" is replaced by "31 December 2002".

b) In paragraph 2, "30%" is replaced by "36%" and "20%" is replaced by "24%".

c) In paragraphs 3 and 4, "the period 1997 to 2001" is replaced by "the period 1997 to 2002";

2) Article 3 is amended as follows :

a) "31 December 2001" is replaced by "31 December 2002".

b) The words "except in the framework of programmes for improving safety of navigation at sea" are deleted.

3) In Article 4 paragraph 2 is deleted.

4) In Article 7 "31 December 2001" is replaced by "31 December 2002".

5) Article 9 is replaced by the following:

"Article 9

The implementation of the objectives and detailed rules of this Decision shall be carried out by the Commission in accordance with Article 4 of Regulation (EC) No 2792/1999 [10]. By 31 December 2001 the Commission shall modify, in accordance with the present Decision, the Multiannual Guidance Programmes for the fishing fleets of individual Member States. The programmes shall be prolonged to cover the period from 1 January 1997 to 31 December 2002 and shall be progressively achieved, by reference to annual intermediate objectives".

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

Article 2

This Decision shall apply as of 1 January 2002.

Article 3

This Decision is addressed to the Member States.

Done at Brussels,

For the Council

The President