PROPOSAL FOR A COUNCIL DECISION AMENDING DECISION 87/279/EEC ON COMMUNITY FINANCIAL PARTICIPATION WITH REGARD TO THE FACILITIES FOR THE MONITORING AND SUPERVISION OF FISHING ACTIVITIES IN WATERS FALLING UNDER THE SOVEREIGNTY OR WITHIN THE JURISDICTION OF PORTUGAL
Date: 1989-10-04
Institutions: European Commission
Subjects: Portugal, fishing industry

COMMISSION  OF  THE  EUROPEAN  COMMUNITIES 

C0MC89) 460 final 

Brussels,4  October 1989 

Proposal  for a 

COUNCIL  DECISION 

amending  Decision  87/279/EEC on Community  financial  participation 

with  regard  to the facilities  for the monitoring and 

supervision of fishing  activities  in waters 

falling  under the sovereignty  or within the 

jurisdiction of Portugal 

(presented  by the Commission) 

(jurj^ri^ 

h 

EXPLAMIQRy MTmttTTOf 

On 18 Hay 1987 the Council decided that the Community should contribute 
fiiiancially towards improving Portugal's facilities for the monitoring and 
supervision of fishing activities In waters falling under its sovereignty or 
jurisdiction.1  The decision provided that the Community would reimburse, 
subject to a maximum of 12 million  ECU,  50% of eligible expenditure incurred 
by Portugal between 1 January 1988 and 31 December 1989.  The Community could 
also grant advances up to a maximum of 25% of eligible expenditure. 

On 28 September 1987 Portugal submitted to the Commission a programme for the 
purchase of equipment for inspection and supervision for the period between 
1 January 1988 and 31 December 1989, which, after the receipt of additional 
information in December 1987, was declared as eligible by the Commission on 
25 January 1988, for an amount of ESC 3 740 455 000, or .22 927 522  ECU.2 

In November 1988 and January 1989 the Community made advance payments to 
Portugal for a total amount of  5 731 880  ECU, or 23% of the eligible 
expenditure. 

Implementation of the programme was delayed because of the complexity of the 
development of the system for monitoring fishing activities, often involving 
the use of sophisticated equipment and different operating bodies (marine, 
aviation authorities, eto.) and because of the constraints Imposed by the 
tendering procedures pursuant to Council Directive 77/62/EBC. 

1  Decision 87/279/BBC - OJ No L 135, 23.5.1987. p. 33. 
2  Decision 88/156/EBC - QJ No L 71, 17.3.1988, p. 53. 

^ 

- 2 -

Furthermore, much of the programme concerns the building of patrol l a u n c h^ 

which, for technical reasons, has to be carried out in stages and canno- -: 

completed within the time laid down in the Council Decision. 

Consequently, the time limit laid down in the Council Decision must be 

extended to 31 December 1991 to allow the programme to be completed and to 

ensure the Community's financial contribution towards the expenditure 

incurred.  It is also necessary  to provide for the possibility  of the 

Commission amending  its decision  in relation to the observed  trend of costs. 

3 

Proposal  for a 
COUNCIL  DECISION 
aroRntUng Decision 87/279/EBC on Community financial participation 

with regard to the facilities for the monitoring and 

supervision of fishing activities in waters falling under the 

sovereignty or within the Jurisdiction of Portugal 

THE UUUNU1L OF THE EUROPEAN COMMUNITIES, 

Having regard to the Treaty establishing the European Eoonomio Community, and 

in particular Article 43 thereof, 

Having regard to the proposal from the Commission,1 

Having regard to the opinion of the European Parliament,2 

Whereas, before the accession of Portugal, the Community declared that 

Community support for monitoring and supervising waters falling within the 
sovereignty or within the Jurisdiction of Portugal might be envisaged;3 

whereas Council Decision 87/279/EEC  provides that the  Community will participate in 

4 

the financing of expenditure incurred by  Portugal 

between 

1 January 1988 and 31 December 1989 in respect of operations to supplement, 

modernize and improve its facilities for monitoring and supervision with a 

view to proper enforcement of the relevant provisions of the common fisheries 

policy in waters falling under its sovereignty or Jurisdiction; 

Whereas the said operations include the building of patrol vessels, the 

purchase of equipment for surveillance aircraft and the purchase and 

installation of technical and electronic equipment; 

1 

2 
3  O J N oL  302, 15.12.1985, p. 493. 

4  GJ NO L 135, 23.5.1987, p. 33. 

7 

- 2 -

Whereas implementation of the said operations has been delayed because of the 

complexity of designing equipment which must be particularly sophisticated to 

ensure total effectiveness in the inspection and surveillance of very large 

fishing areas; 

Whereas the investments planned by  Portugal  cannot  therefore  be  fully 

implemented by 1 January 1990;  whereas the time limit laid down should be 

deferred in the Community interest to enable the planned work to be completed 

and to ensure Community financial participation in the expenditure involved; 

Whereas the estimates of eligible expenditure must be adjusted in relation to 

the observed trend of costs;  whereas, therefore, provision should be made 

for the Commission decision relating to the eligibility of expenditure to be 

amended, 

HAS ADOPTED  TELS DECISION: 

Article 1 

Decision 87/279/EBC is amended as follows: 

1. Article 1(2) is replaced by the following: 

N2.  The Community shall reimburse, at a rate of 50% and subject to a maximum 
of  12 million ECU,.the eligible expenditure incurred by the Portuguese 

Republic from 1 January 1988 to 31 December 1991." 

2. The following sentence is added to point 4 of the Annex: 

"One Commission may amend its decision as to the eligibility of expenditure 

in relation to the observed trend of costs." 

Article 3 

This Decision is addressed to the Portuguese Republic. 

Done at Brussels, 

For  the Council, 

Tbe I^oslâent 

5 

F I C HE 

F I N A N C I E RE 

(à  é t a b l ir  en  Ecu) 

fc/vJ 

1.  Ligne(s) budgetaire(s) concernée(s) 

4110 

2.  Montant des crédits inscrits sur cette (ces) ligne(s) pour  l'exercice 

9.000.000,- ECU 

3.  Montant des reports autorisés ou demandés (à spécifier) 

- automatiques 
- non automatique  demandés  : 5.731.880,50 ECU 

4.  Montant de la dépense découlant de la décision proposée à la Commission 

a)  au titre de l'exercice en cours 

- à l'aide des crédits inscrits aux lignes budgétaires visées 
- à l'aide des reports 
- à l'aide d'autres procédures (1) 

(virements, budgets supplémentaires) 

b)  au titre des exercices suivants  (éventuellement) 

5.731.880,50 ECU 

5.  Autres incidences financières de la décision  (éventuellement) 

6.  Mode de calcul adopté (expliciter) 

Montant déjà inscrit au Budget  1989; le calcul reste inchangé. 

AVIS du Directeur général des budgets 

AVIS FAVORABLE 

(1) Dans  cette  hypothèse,  exceptionnelle,  fournir  une  motivation  détaillée 

6 

ISSN 0254-1475 

COM(89) 460 final 

DOCUMENTS 

EN 

04 

Catalogue number : CB-CO-89-425-EN-C 

ISBN 92-77-53183-5 

Office for Official  Publications of the European Communities 
L-2985 Luxembourg 

•^