COMMISSION OF THE EUROPEAN COMMUNITIES 
C0MC93) 546final 
Brussels, 10 November 1993 
Proposal for a 
COUNCIL DFCI§ I ON 
amending Decision 89/631/EEC on a community financial 
contribution towards expenditure incurred by the Member States 
for the purpose of ensuring compliance with the community system 
for the conservation and management of fishery resources 
(presented by the Commission) 
A 
EXPLANATORY MEMORANDUM 
In the course of the debate within the Community institutions on the 1991 
Report on the common fisheries policy^-) and the Report on monitoring 
implementation of the common fisheries policy(2), it was felt that the use of 
satellites and/or automatic data recorders logging the position of fishing 
vessels might both significantly improve control of fishery activities and 
serve to introduce greater flexibility into the regulation of access to 
resources. Pending a decision on the introduction of such systems, Article 3 
of Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a 
control system applicable to the common fisheries policy(3) provides for the 
implementation of pilot projects by Member States before 30 June 1995. 
When the said Regulation was adopted, several statements were entered in the 
Council minutes. The commission and the Council declared that the pilot 
projects should be wholly financed by the community budget within an overall 
allocation of ECU 10 million: funding for projects involving large vessels 
would be given priority. 
The Council then declared that the commission's proposals on Community funding 
should take into account the pilot projects carried out in the period from 
1 June 1994 to 1 June 1995. in addition, the commission declared on this 
occasion that the general rules and principles of the Community budget should 
be respected with regard to any financial contribution by the community to the 
expenses incurred by Member States for fishery control. 
Given the above, this proposal provides for an amendment to Council Decision 
89/631/EEC on a community financial contribution to expenditure incurred by 
the Member states for the purpose of ensuring compliance with 
(1) SEC(91) 2288 final, 4.12.1991. 
(2) SEC(92) 394 final, 6.3.1992. ,./ 
(3) OJ No L 261, 20.10.1993, p. 1 
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the Community system of conservation and management of fishery resources. In 
the light of the statements referred to above, it is proposed that the 
Community, by way of an exception, should meet 100% of eligible costs incurred 
by the Member states in implementing the pilot projects referred to Article 3 
of the said Regulation in the period from 1 June 1994 to 1 June 1995, subject 
to certain conditions. 
when taking its annual decisions on applications from Member states based on 
the said Decision, the Commission will ensure that the total Community 
financial contribution to the expenditure associated with the pilot projects 
carried out in the stated period remains within the budget allocation of 
ECU 10 million. 
The Community budget currently includes an annual figure of ECU 22 millions 
earmarked for the Community's financial contribution under the terms of the 
said Decision. If necessary, the Commission will reduce the Community's 
financial contribution towards expenditure listed in the traditional 
applications pursuant to Article 1 of the said Decision in order to reserve 
funding for the pilot projects. 
In the light of the foregoing, it is proposed that the Council approve this 
proposal sufficiently quickly so that the formal arrangements may be made 
providing for funding from the Community budget for pilot projects undertaken 
by the Member States in accordance with Article 3 of the said Regulation. 
TRAD/450.93/en/vk 
COUNCIL DECISION 
of 1993 
amending Decision 89/631/EEC on a Community financial 
contribution towards expenditure incurred by the Member states 
for the purpose of ensuring compliance with the Community system 
for the conservation and management of fishery resources 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European Economic community, and 
in particular Article 43 thereof, 
Having regard to the proposal from the Commission, 
Having regard to the opinion of the European Parliament(1), 
Having regard to the opinion of the Economic and Social committee(2), 
Whereas the use of satellite and/or automatic data recorder systems for 
locating the position of fishing vessels can contribute to a significant 
improvement in the monitoring function which Member states are required to 
fulfil in the Community interest; whereas the Council is to decide before 
1 January 1996 on the introduction of such systems, following the 
implementation by Member States, before 30 June 1995, of pilot projects for 
certain types of community fishing vessels, as provided for in Article 3 of 
Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control 
system applicable to the common fisheries policy(3); 
whereas it is important to contribute at Community level to the implementation 
of the pilot projects by the Member States in accordance with the conditions 
laid down in Article 3 of the said Regulation; whereas it is therefore 
necessary to provide, by way of exception, for an increased Community 
contribution to the eligible expenditure incurred by the Member States to 
carry out these projects during a limited period ending on the date provided 
for in that Article and also to lay down corresponding administrative 
deadlines; 
(1) 
<2> ../ 
(3) OJ No L 261, 20.10.1993, p, 1 
TRAD/450.93/sn/vk 
.if 
Whereas, therefore, it is necessary to amend Council Decision (89/631/EEC) of 
27 November 1989 on a Community financial contribution towards expenditure 
incurred by Member states for the purpose of ensuring compliance with the 
Community system for the conservation and management of fishery resources^), 
last amended by Decision (92/393/EEC)(5), 
HAS ADOPTED THIS DECISION: 
Article 1 
Decision 89/631/EEC is amended as follows: 
1. The following Articles are added: 
Article 2a 
1. However, the community shall, by way of an exception, meet 100% of the 
eligible expenditure incurred by Member states for the purpose of 
implementing pilot projects relating to the use of position-logging systems 
using satellites and/or automatic data recorders, as referred to in Article 
3 of council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a 
system of control applicable to the common fisheries policy. 
2. The eligible expenditure of the Member states shall relate to the funding 
of the implementation of pilot projects within the meaning of paragraph 1 
in the period 1 June 1994 to 1 June 1995 under the conditions set out in 
Annex II. 
Article 2b 
1. Member States wishing to benefit from a Community contribution to the 
financing of their expenditure pursuant to Article 2a shall forward to the 
Commission, on the first occasion before 31 January 1994 and thereafter 
before 31 December 1994, a schedule containing the information specified in 
paragraph 2 of Annex II. 
(4) OJ No L 364, 14.12.1989, p. 64. ../ 
(5) OJ No L 213, 27.7.1992, p. 35. 
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f 
2. The commission shall decide, on the first occasion before 31 March 1994 and 
thereafter before 1 March 1995, in accordance with the procedure laid down 
in Article 18 of council Regulation (EEC) No 3760/92 of 20 December 1992 
establishing a common system for fisheries and aquaculture(*> ), on the 
Community contribution to the expenditure pursuant to Article 2a, the 
eligibility of expenditure and any conditions to which the contribution may 
be subject." 
Article 2 
An Annex II is added to Decision 89/631/EEC laying down the financing 
conditions referred to in Article 2a thereof. 
Article 3 
This Decision is addressed to the Member states. 
Done at For the Council 
The President 
(6) OJ No L 389, 31.12.1992, p. 1 ../ 
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ANNEX II 
1. The eligible expenditure of Member States referred to in Article 2a(l) and 
(2) relates to the funding of: 
- pilot projects involving a system of position-monitoring using satellites; 
- pilot projects involving a system of position-logging using automatic data 
recorders. 
2. The schedule referred to in Article 2b(l), shall list the expenditure 
referred to at 1 above. It shall specify in particular: 
- a list of the vessels and their technical specifications to be equipped as 
part of the pilot projects referred to at 1 above; 
- the technical specifications of the equipment: 
- to be installed on vessels participating in a pilot project; 
- designed for the recording at a land-based centre and in computer-
readable form of information transmitted or collected by fishing vessels 
in whatever waters they are operating or whatever port they are in; 
- designed to enable the flag Member state, under the cooperation 
arrangements between Member states and the Commission, to communicate 
information about its vessels immediately and automatically to the 
competent authorities of the Member state in whose waters these fishing 
vessels are operating; 
../ 
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- in the context of applying a system of automatic recording of a vessel's 
position, the assurances given by the Member State as to the introduction 
of a procedure for collecting catch data and storing them centrally on 
computer; 
- the cost of this equipment and the method of payment envisaged; 
- the operational costs associated with the introduction of this equipment; 
- the timetable for the planned expenditure. 
3. The Commission shall consider each Member State's application by reference 
to the following criteria in particular: 
- the number of vessels over 17 metres in length which, for each Member 
State, must be at least equal to the number of vessels over 50 metres in 
length if this number is greater than 10, otherwise greater than or equal 
to 10; 
- complementary pilot projects which concentrate on fishing fleets whose 
activities are subject to fishing restrictions; 
- pilot projects involving large vessels. 
4. Member states shall submit their applications for reimbursement before 
30 September 1995. 
The reimbursement of expenditure and the payment of advances shall take 
place only where the provisions of the Directives coordinating procedures 
for the award of public works and supply contracts have been complied 
with, in the sense that certificates of payment must make reference to the 
.-/ 
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notices of the award of public contracts as published in tb© officiel 
Journal of the European Communities. Where notices have not been published 
in the official Journal of the European communities, the beneficiary shall 
certify that the public contracts have been awarded in conformity with 
Community legislation, 
The Commission may request any information which it considers necessary for 
judging whether Community legislation on public contracts has been complied 
with. 
5. Member states shall supply the Commission with any information which it may 
request for the performance of its duties under this Decision. 
Each Member State shall, before 31 August 1995, supply the Commission with 
a report evaluating the implementation of the pilot project or projects 
financed by the Community pursuant to this Decision. 
The provisions of this paragraph shall be without prejudice to Article 29 
of Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a 
control system applicable to the common fisheries policy. 
3 
FINANCIAL STATEMENT 
1. Title of operation 
Financial contribution to monitoring and surveillance activities in the 
maritime waters of certain Member states. 
2. Budget heading involved 
B2.921. 
3. Legal basis 
Article 43 of the Treaty; Council Decision 89/631/EEC. 
4„ Description of operation 
Council Decision 89/631/EEC provides for a Community financial 
contribution to expenditure incurred by the Member States to ensure 
compliance with the community system for the conservation and management 
of fishery resources. The eligible expenditure may relate to the 
acquisition or modernization of ships, aircraft and land vehicles and 
their equipment, location systems and systems for recording and 
transmitting catch data. The community contributes up to 50% of the 
eligible expenditure per Member State per year. 
The aim of this proposal to amend the said Decision is, by way of an 
exception, to increase the financial contribution to pilot projects 
relating to the use of satellites and/or automatic data recorders logging 
the position of fishing vessels. The purpose of this proposal is _to_carry 
out, in all the Member States, an evaluation of satellite tracking 
technologies for monitoring fishing activities, in order to prepare a 
Council decision concerning their application. The council has committed 
itself to deciding on the matter by 1 January 1996. 
5. Classification of expenditure 
5.1 Compulsory 
5.2 Differentiated 
6. Type of expenditure 
Subsidy in the form of reimbursement of, in principle, up to 50% of 
eligible expenditure incurred by the Member States and, exceptionally, 
100% as provided for in this proposal. Possibility of granting advances. 
The types of expenditure eligible are those listed in Annexes I and la to 
Decision 89/631/EEC. 
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7. FINANCIAL IMPLICATIONS 
7.1. Method of calculation of the total cost of the measure 
The Council decided in 1989 (Decision 89/631/EEC) to allocate a budget 
of ECU 110 million over a period of five years to support the purchase 
by Member states of equipment connected with the monitoring of fishing 
activities, the Community contribution being limited to a maximum of 
50 %. 
Within this five-year allocation, the annual amount is fixed by a 
,Commi s s ion decision. 
While remaining within this budget allocation, the Council and the 
Commission have agreed that the total Community financial contribution 
to these pilot projects must not exceed ECU 10 million for projects to 
be carried out during the period 1 June 1994 to 01 June 1995* 
7.2. Breakdown of the measure by category of expenditure 
CATEGORY 
Financial contribution 
- towards purchase of 
monitoring equipment 
- towards pilot projects 
TOTAL 93 BUDGET 
22 
0 
22 94 PDB 
15 
7 
22 % CHANGE 
- 32% 
7.3. Operational expenditure on studies, meetings of experts, etc 
included in Part B 
CATEGORY 
studies 
- Meetings of experts 
- Conferences, congresses 
- Information and 
publications 
TOTAL 93 BUDGET 94 PDB % CHANGE 
The nature of this heading excludes transfers in Part B, 
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7.4. Indicative schedule for commitment appropriations (for 
multiannual measures covered by estimated requirements) the 
Aggregate 
at end 
1992 (1) 
57.9 1993 
BUDGET 
22.0 1994 
PDB 
22.0 
(2) [million ECU' 
INDICATIVE PROGRAMMING 
1995 
22.0 
(2) 1996 1997 1998 and 
following 
fin. yrs 
(1) Including execution of 1991 and 1992 mini-budgets charged to 
subsection B8 (2). 
(2) of which 1994: 7 MECU/1995: 3 MECU for pilot products 
*) To be determined when a new Council decision is adopted (deadline: 
30 June 1995). 
Estimated amount required: ECU 22/year 
Period of application: 1991 - 1995. 
8. FRAUD PREVENTION MEASURES CONTAINED IN THE PROPOSAL 
The proposal relates to a financial contribution towards expenditure 
incurred by the fisheries control authorities in the Member States. 
It is therefore up to the Member States first and foremost to prevent 
any fraud against the national authorities. 
The Member states are also required to supply the Commission with any 
information (invoices and other supporting documents) it may request 
from them in its execution of the tasks assigned to it by this 
Decision. 
The community inspectors may check on the implementation of pilot 
projects on the spot. 
9. ELEMENTS OF COST-EFFECTIVENESS ANALYSIS 
1. Objectives and coherence with financial programming 
9.1. Each Member State is responsible for enforcing the CFP on its 
territory and in its maritime waters. In th is context, the main 
objective of the measure is to promote the development of modern 
monitoring and control techniques in the Member states to make this 
control more effective and more economical, which is a determining 
factor in ensuring the success of the common fisheries policy. 
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9.2. Justification of the measure 
A Community contribution to Member States' expenditure is just4 fie,' 
above all by the disparity that can exist between a Member State's 
monitoring responsibilities (for example because of the size of its 
fishing zone) and its physical ability to fulfil them (population 
size, level of prosperity, etc.). 
To encourage the Member States to use modern methods within the 
framework of pilot projects to be carried out during the period 1 June 
1994 to 30 June 1995, it is necessary for the community to finance 
this measure which should promote a better cost-effectiveness ratio. A 
system based on the use of satellites so that the position, speed and 
course of the fishing vessels concerned can be monitored at all times 
would make it possible to keep a closer watch on all the activities of 
these vessels and, more particularly, to assign inspection vessels and 
aircraft to a better targeted pursuit. 
In this way, the application of modern methods would enable the 
competent authorities to save on traditional equipment for, among 
other things, inspections at sea. 
The more generalized application of modern communications and catch 
recording technologies would be likely to improve the effectiveness 
of surveillance and monitoring systems both at sea and in ports. 
9.3. Monitoring and assessment of the measure 
The Commission will be able to ensure that the measure is properly 
monitored on the basis of the supporting documents supplied by the 
Member States and by means of inspections on the spot by its own 
inspectors. 
The Commission included a special report on expenditure under Decision 
89/631/EEC in the report on monitoring implementation of the common 
fisheries policy (SEC(92) 394 final of 6 March 1992) which it sent to 
the Council and the European Parliament. Another report is to be 
produced pursuant to the entry into force of the Regulation 
establishing a control system applicable to the CFP (OJ NO L 261, 
20.10.1993, p. 1). 
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ISSN 0254-1475 
COM(93) 546 final 
DOCUMENTS 
EN 03 
Catalogue number : CB-CO-93-581-EN-C 
ISBN 92-77-60674-6 
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