Proposal for a COUNCIL REGULATION (EEC) laying down detailed rules for implementing Regulation (EEC) No 2080/93 on Community structural assistance in the fisheries and aquaculture sector and the industry processing and marketing its products
Date: 1993-10-08
Institutions: European Commission
Subjects: EU financial instrument, Structural Funds, aquaculture, common fisheries policy, financing policy, fishing fleet

COMMISSION  OF  THE  EUROPEAN  COMMUNITIES 

C0M(93)  481final 

Brussels, 8  October  1993 

Proposal  for a 

COUNCIL REGULATION  (EEC) 

laying down detailed rules for implementing Regulation 

(EEC) No 2080/93 on Community  structural assistance 

in the fisheries and aquaculture sector and the industry 

processing and marketing its products 

(presented by the Commission) 

INTRODUCTION 

EXPLANATORY  MEMORANDUM 

1.  This  proposal  for  a  Council  Regulation  follows  the  adoption  of  Council 
Regulation  (EEC)  No  2080/93  of  20  July  1993  laying  down  provisions  for 
implementing  Council  Regulation  (EEC) No  2052/88  as  regards  the  financial 
instrument  for fisheries guidance  (FIFG)1. 

That Regulation  incorporates the structural aspects of the common  fisheries 
policy2  into  the  Structural  Fund  legislation,  alongside  the  specific 
Regulations  relating  to  each  Fund  (ERDF,  ESF  and  EA66F  Guidance  Section). 
It establishes  a single  financial  instrument  for  structural  schemes  in the 
sector3, replacing the two existing  financial  instruments4. 

2. 

Pursuant  to  Article 6  of  the  abovementioned  Regulation,  the  Council  must 
decide  in  accordance  with  the  procedure  laid  down  in  Article 43  of  the 
Treaty,  and  not  later  than  31 December  1993,  "the 
conditions 
the  FIFG  contribution 
adjustment 

rules 
and 
structural 

the  measures 

for 
in  the 

sector*. 

detailed 

for 

to 

A SINGLE LEGAL  INSTRUMENT 

3.  The  purpose  of  this  proposal  is  to  replace  the  two  legal  instruments 
currently  in  force  by  a  single  instrument  before  Regulation  (EEC)  No 
2080/93 repeals them. The two Regulations in question are: 

- Council  Regulation  (EEC)  No 4Q28/86  of  18 December  1986  on  Community 
measures to improve  and adapt  structures  in the fisheries and  aquaculture 
sector5, 

- Council  Regulation  (EEC)  No 4042/89  of  19 December  1989  on  the 
improvement  of  the  condition»  under  which  fishery  and  aquaculture 
products are processed  and marketed^. 

1 
2 

3 

4 

5 
6 

OJ No L 193, 31.7.1993, p. 1. 
The  common  fisheries  policy  has  recently  been  redefined  by  Council 
Regulation  (EEC)  No  3760/92  of  20 Pecepfttier  1992  establishing  a  Community 
system  for fisheries and aquaculture  (@Cf No. J* 389, 31.12.1992, p. 1 ). 
"Sector"  means  fisheries,  aquaculture, and. £he  processing  and  marketing  of 
the products thereof. 
Chapters  B2-11  (EAGGF  Guidance  Sectipn  «  fisheries)  and  B2-23  (European 
Fisheries Guidance Fund) in the 1993 feudist, 
OJ No L 376, 31.12.1986, p. 7. 
OJ No L 388, 31.12.1989, p. 1. 

-  1 «*s. 

MANAGEMENT IN NEED OF RATIONALIZATION 

4.  Without any real coherence, and only because the two abovementioned legal 
instruments  had  different  historical  origins, the  methods  of management 
began to diverge seriously from 1989, when one of the areas of assistance 
(processing and marketing of products) was integrated into the 1988 reform 
of  the  Structural  Funds  whereas  the  other  areas  (fleet  restructuring, 
aquaculture, port facilities, etc.) were not covered by the reform. 

5.  Assistance under Regulation  (EEC) No 4042/89 comes within the programming 
procedure of Objective 5(a) of the Structural Funds, i.e.  sectoral plans. 
Community  support  frameworks, aid  applications generally  in the  form of 
operational programmes. 

The  adoption  of  Regulation  (EEC) No  4042/89, which  replaces  Regulation 
(EEC) No 355/77, brought about a significant improvement in the management 
of the field in question. 

6.  The majority of the other aids (Regulation  (EEC) No 4028/86), even if they 
still operate on an  individual project basis and  are not the  subject of 
financial  allocations  established  in  advance,  are  based  on  multiannual 
guidance programmes for fishing fleets and for aquaculture; as regards the 
adjustment of fishing capacity, the Member States are required to establish 
an  annual  programme  including  a  financial  estimate;  lastly,  projects 
relating to port facilities, which are covered by the same Regulation, must 
"ibe 
Regulation 

a  Community 
4042/89nl. 

in 
(EEC)  No 

the  meaning 

framework 

included 

support 

within 

of 

Generally  speaking,  as  far  as Regulation  (EEC) No  4042/89  is concerned, 
present  management  largely  runs  counter  to  the  principle  that  decisions 
should  be  taken  at  the  lowest  possible  level,  which  means  that  the 
Commission has to arbitrate between and select individual projects on the 
basis solely of administrative and financial documents. 

Other faults of this management system are: 

- a multiplicity of legal instruments: for each case of aid granted there 
is a Commission decision, plus, perhaps, a second decision cancelling the 
first one where the project has been abandoned; 

- a  serious  lack  of  budget  flexibility:  any  funds  released  by  the 
abandonment of a project are lost to the structural budget for the sector 
if the appropriation is released during a financial year other than that 
in which the appropriation was committed - which is generally the case. 

Article 27(2)(a) of Regulation (EEC) No 4028/86. 

- 2 3^ 

SIMPLIFICATION OF MANAGEMENT - MORE FLEXIBLE USE OF APPROPRIATIONS 

7.  The  first  and  foremost  aim  of  this  new  proposal  is  to  harmonize and 
rationalize  programming,  which  has  been  disparate  in  the  past,  by 
introducing  a  simplified  two-stage  programming  procedure  based  on the 
following principles: 

- the Member  State is to present an overall  strategy document or "sectoral 
plan",  accompanied  by an indicative  financial breakdown,  plus an overall 
aid application; the sectoral plan and the aid application must cover all 
the fields of assistance for the entire reference period  (réf.: 
3 
and  Annex 

Article 

I); 

- the  Commission  is  to  examine  with  the  Member  State,  within  the 
partnership  framework,  the  content  of  the  sectoral  plan  and the aid 
application;  on  this  basis  the  Commission  will  approve  a  "Community 
programme" 
4);  the Community  programme  will  enable the 
financial  allocation  to  be  committed  in  annual  tranches.  Successive 
payments  will be made  in tranches as the previous  tranches are used up, 
in accordance with the same conditions as for the Structural Funds. 

Article 

(réf.: 

As  regards  the  legal  instrument  (Commission  decision),  apart  from 
exceptional  cases,  there  will  no  longer  be  individual  projects**.  This 
means  that one project may be replaced  by another at Monitoring  Committee 
level,  even  if the cost  is different,  without  the legal  instrument  having 
to be amended. 

8.  Far more than at present it will be up to the Member  States' authorities to 
choose  their  own  means  of  implementing  the  requirements  of  the  common 
fisheries policy as regards structures. 

9.  As  far  as  the  duration  of  each  programming  period  is  concerned,  two 

arguments militate in favour of a 3-year period : 

- in a production  sector,  investment  decisions depend  above all on private 

initiative. 

- The  multiannual  guidance  programmes  for  fishing  fleets  (see point  10 
below),  which  dictate  the  allocation  of  a  substantial  part  of the 
appropriations, will run until 31 December 1996. 

However,  the  financial  perspectives  adopted  by the Edinburgh  European 
Council  cover  six  years,  the  compulsory  duration  of  programming  in 
Objective 1 Regions. 

A formal programming  period of six years is therefore proposed,  beginning 
1  January  1994, which  does  not prejudge  a full  revision  (and notably a 
revision  of  the  allocation  of  resources)  when  the  restructuring 
programmes of Community  fishing  fleet expire. 

According  to  Article 5(5) of  Regulation  (EEC) No  2052/88  an  operational 
programme  is to comprise a "series of consistent multiannual measures". 

- 3 0 ^-

TAKING THE PRIORITIES OF THE COMMON FISHERIES POLICY INTO ACCOUNT 

(ref.  :  Article 

5  and  Annex 

II) 

10.  This  proposal  maintains  the  idea  of  multiannual  guidance  programmes  for 

for 

restructuring 

fishing  fleets  for  each  Member  State, but  proposes  a  different  decision 
making  procedure: while the Council  is to  "set 
detailed 
the  Commission  takes  the  view  that 
rules 
these  necessarily  general  guidelines  should  be  translated  into  precise 
terms  for  each  national  fleet,  in  partnership  with  the  Member  State 
concerned. As  in the past, it will be the responsibility  of the Commission 
to  approve  the  multiannual  guidance  programmes  after  consulting  the 
Standing  Committee  on  the  Fishing  Industry.  These  will  henceforth  be 
legitimised by the views of the Council and will be binding. 

the  objectives 

sector"9, 

and 

the 

Regulation  (EEC) No  3760/92  mentions  1 January  1994 as the  first  deadline 
for  laying  down  the  guidelines  and  rules  of  application  for  the 
restructuring  of the sector.  To this end, the Commission intends to submit 
to  the  Council,  at  the  same  time  as  the  present  regulation  proposal,  a 
proposal  for a Council decision formalising the views expressed  in November 
1992. 

On  the  basis  of  these  guidelines,  the  Commission  was  able  to  formally 
approve  the  multiannual  guidance  programmes  for  fishing  fleets  for  the 
period  1993 to  19961 0. 

In the  short term, namely unti 31 December  1996, it is expected  to confirm 
simply the 1993-96 multiannual guidance programmes currently in effect. 

Article  11 of Regulation  (EEC) No 3760/92. 

9 
10  Commission  Decisions  92/588/EEC  to  92/598/EEC  of  21 December  1992, 

published  in OJ No L 401, 31.12.1992, pp 3 to 70. 

-  4 

SCOPE OF ASSISTANCE 

11.  As a  whole  this  proposal  aims  to preserve  continuity  with  thé  previous 
Regulations.  It  should  be  noted  first  of  all that,  in  accordance  with 
Article 1  of  Regulation  (EEC) No  3760/92,  structural  assistance  in the 
sector now covers  "living aquatic resources", not as previously only  "fish, 
molluscs and crustaceans". 

12.  As  regards  fishing  fleets  (réf.: 
several amendments are proposed: 

Title 

II  and  Annex  III, 

paragraph 

1), 

- only  the  scrapping  of  vessels  will  be  eligible  for  a  Community 

contribution towards permanent withdrawal  from fishing activities; 

-  redeployment  operations  and  exploratory  fishing  (Titles  V  and Va of 
Regulation  (EEC) No 4028/86), which  have not proved  effective as regards 
making  a  contribution  towards  achieving  the objectives  of  the  common 
fisheries policy, will be dropped11; 

- the  limitation  of  fishing  activities  will  be  eligible  only  in 

exceptional, unforeseen circumstances; 

- the  building  of  fishing  vessels  will  be  eligible  only  in  particular 
circumstances;  in no case  must  it be contrary  to the objectives  of the 
multiannual  guidance  programmes; to that end, FIFG aid for the building 
of  fishing  vessels may not lead to an increase  in FIFG  aid for schemes 
aimed at directly  reducing  fishing  effort  (adjustment of fishing  effort, 
joint ventures and temporary  joint enterprises); 

-  lastly,  it  is  proposed  that  the  scope  of  assistance  be  extended  to 

electronic monitoring  equipment on board fishing vessels. 

13.  As regards the other  fields it is essentially a matter of updating  earlier 
paragraphs  2  and 
JY,  Article 

13;  Annex  III, 

III;  Title 

Title 

texts  (réf.: 
3). 

It  is also  proposed  that  the scope  of assistance  be extended  to certain 
operations of collective  interest  implemented by members of the trade which 
help  to  attain  the  objectives  of  the  common  fisheries  policy 
(réf.: 
Title 

14  and  Annex  III, 

paragraph  4). 

IV,  Article 

14.  Lastly,  attention  should  be  drawn,  even  if this  aspect  is not  actually 
mentioned  in this  proposal*  to the possibilities  offered by the horizontal 
legislation  of the Structural  Funds,  mentioned  in Article  4 of the FIFG 
Regulation:  studies,  pilot  projects,  technical  assistance,  information 
campaigns. 

11 

Point  14 below points out that there are possibilities for financing  pilot 
projects on a case-by-case basis, in accordance with procedures to be laid 
down. 

- 5 d^ -

FORMS OF ASSISTANCE 

15.  This proposal does not refer to the forms of assistance which are listed in 
Article 5 of Regulation (EEC) No 2052/88 for the FIFG. These include: 
- operational programmes 
- part-financing of aid schemes 
- global subsidies. 

SCALES AND RATES OF CONTRIBUTION 

16.  The Commission is concerned to preserve continuity, combined with improved 

coherence and simplification. 

17.  As regards the scales of aid, the principle of maximum eligible amounts for 
premiums  for the permanent  withdrawal of fishing  vessels  is maintained; 
this principle is extended to the other premiums (joint ventures, temporary 
laying-up  and temporary  joint  enterprises)  and to  investments  in fleet 
restructuring  (modernization and construction of vessels)  (réf.:  Annex  IV, 
paragraph 

1  ). 

To ensure that they are consistent with the other scales applicable to the 
fleet,  the maximum  eligible  amounts  are determined  on the basis  of a 
reference scale (Table 1, Annex IV): 

scrapping 
other permanent withdrawal1^ 
joint venture 
construction 
modernization 

:100% of the reference scale 
:reference scale less 37.5% 
:100% of reference scale 
: reference scale less 37.5% 
: reference scale less 50%. 

The graphs in the Annex allow a comparison of the old and new scales for a 
few representative cases. 

18.  As regards the rates of contribution  (réf.:  Annex  TV,  paragraph 

2): 

- the horizontal provisions of the Structural  Funds apply as regards the 

upper limits for the Community contribution; 

- the lower  limits for the contributions of the Member  States and, where 
appropriate, the beneficiaries have been set as in the previous rules. 

ANNEXES 

12  Without Community  assistance; the purpose of this provision is to prevent 
national subsidies for the operations concerned becoming unjustified State 
aids. 

- 6 o^ -

Scrapping  premiums 

Vessels over  10 years old 

6  0 

X 

10 

20 

30 

40 

50 

200 

400 

600 

800 

1000 

Vessel  tonnage 

Vessel  tonnage 

-NI 
p 

Scrapping  premiums 
Vessels over  15 years old 

^  0.3 

0.2 + 

•H 
S 
D 
U 
W 

0.1 + 

X 
fl» 
X 

New aid  scale - old aid  scale 

(vessels > 25 m) 

1.5 + 

0.5 + 

10 

20 

30 

40 

50 

Vessel  tonnage 

200 

400 

600 
Vessel  tonnage 

800 

1000 

Scrapping  premiums 
Vessels over 20 years old 

20 

30 

40 

50 

Vessel  tonnage 

vJ^ 

400 

600 

800 

1000 

Vessel  tonnage 

oo 
p 

Scrapping  premiums 

Vessels over  30 years old 

Q 0.3 

1.5 + 

0.5 + 

Old aid  scale 

10 

20 

30 

Vessel  tonnage 

50 

200 

400 

600 

800 

1000 

Vessel  tonnage 

Joint ventures 

Vessels over 10 years old 

Old aid scale 

0.4 

B 0.3 f 
I 
8 
i 
« 
. 0.2 +• 

s  ; 
a» 
&0.1 +• 
I 
CM 

I 

X 
X 

w 

0 

_i 

1 

h 

-\ 

1 

1 

h-

10 

20 

30 

40 

50 

Vessel tonnage 

400 
Vessel  tonnage 

600 

800 

1000 

i 

NO 

Joint  ventures 

Vessels over 15 years old 

2.5 

2 -

New aid scale « old aid scale 

1.5 •• 

10 

20 

30 

Vessel tonnage 

I  0  J 

200 

400 

600 
Vessel  tonnage 

800 

1000 

Joint ventures 

Vessels over 20 years old 

~ 0.4 
c 
0 
U0.3 + 

6 
H 
w  0.2 + 

S 0.1 + 
04 

Old aid scale 

a  o 
x 
<d 
X 

0 
w 

H 

H 
10 

20 

I 

I 
30 

Vessel tonnage 

H 

1 
40 

50 

400 

600 

Vessel  tonnage 

800 

1000 

i 

o 

Joint ventures 

Vessels over 30 years old 

~0.4 
c 
0 
•W 
«H -
3 0.3 
6 
a 
u 
-0.2 

0.1 + 

5  o 
3 
x 

10 

Old aid scale 

H 
30 

20 

Vessel tonnage 

1 

1 
40 

H 

50 

400 

600 

Vessel  tonnage 

1000 

Temporary  joint  enterprises 

5000 -r-

Vessel  tonnage 

Temporary  cessation  of  activity 

New  aid  scale 

5000 

~*  4000 
>t • 
<d 
•O 
"^ 
D 
O 
W  3000 

Ë 
3 
•A 
E 
g  2000 
a 
E 
3 
g 
x  1000 

Vessel  tonnage 

Supplement  for  vessels  under  10 years  old  (old  scale) 

- 11 

- ^ L -2  -

Table of contents 

1.  Scope 

TITLE  I 

PROGRAMMING 

2.  General provisions 
3.  Sectoral plans and aid  applications 
4.  Community  programmes 
5.  Multiannual guidance programmes  for fishing  fleets 
6.  Monitoring multiannual guidance  programmes 

TITLE  II  IMPLEMENTATION  OF  MULTIANNUAL  GUIDANCE  PROGRAMMES  FOR  FISHING 

FLEETS 

7.  Common  provisions 
8.  Adjustment  of fishing effort 
9.  Reorientation  of  fishing  activities  -  temporary  joint  enterprises  and 

joint  ventures 

10. Fleet  renewal and modernization of fishing vessels 
11. Investments aimed at better monitoring of fishing  activities 

TITLE  III INVESTMENT  AID  IN  THE  FIELDS  OF  AQUACULTURE,  THE  DEVELOPMENT  OF 
COASTAL  WATERS,  FISHING  PORT  FACILITIES  AND  PROCESSING  AND 
MARKETING 

12. Scope 

TITLE  IV  OTHER MEASURES 

13. Measures to find and promote new market  outlets 

14. Operations by members of the trade 

TITLE V 

GENERAL AND FINANCIAL  PROVISIONS 

15. Compliance with the conditions governing  assistance 
16. Scales and rates of  assistance 
17. Budget  commitments 
18. Procedures  for the payment of assistance 
19. Entry  into force 
ANNEXES 

I.  Indicative contents of sectoral plans 
II. Minimum  content  of multiannual  guidance programmes  for the  fishing  fleet 

for 1997-99 

III. 
IV. Scales and rates of  assistance 

Special conditions and criteria  for assistance 

THE COUNCIL OF THE EUROPEAN  COMMUNITIES 

- 3 -

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

in particular Article 43 thereof, 

Having regard to the proposal  from the Commissionf1), 

Having regard to the opinion of the European Parliament(^), 

Having regard to the opinion of the Economic and Social  Committee(^), 

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  between  themselves  and  with  the  operations  of  the  European 

Investment  Bank  and  the  other  existing  financial  instruments^),  as  amended 

by  Regulation  (EEC)  No 2081/93<5),  and  Council  Regulation  (EEC)  No 4253/88 

of  19 December  1988  laying down provisions  for  implementing  Regulation  (EEC) 

No 2052/88  as regards  coordination of the different  Structural  Funds between 

themselves  and  with  the  operations  of  the  European  Investment  Bank  and  the 

other  existing  financial  instrumentsi6),  as  amended  by  Regulation  (EEC) 

No 2082/93(7),  define  the  general  objectives  and  tasks  of  the  Structural 

Funds  and  the  financial  instrument  for  fisheries  guidance  (hereinafter 

referred  to  as  the  FIFG)  their  organization,  the  assistance  methods, 

programming  and general organization of the aid provided by the Funds and the 

general  financial arrangements; 

(1) 
(2) 
(3) 
(4) 
(5) 
(6) 
(7) 

OJ No 
OJ No 
OJ No 
OJ No L 185, 15.7.1988, p. 9. 
OJ No L 193, 31.7.1993, p. 5. 
OJ No L 374, 31.12.1988, p. 1. 
OJ No L 193, 31.7.1993, p. 20. 

- 4 -

Whereas  Council  Regulation  (EEC) No 3760/92 of  20 December  1992  establishing 

a Community  system  for  fisheries  and aquaculture^8) lays down the objectives 

and  general  rules  of  the  common  policy;  whereas  the  development  of  the 

Community  fishing  fleet  must  be  restricted  according  to  the  decisions  that 

the  Council  is  called  to  take  by virtue  of Article  11; whereas  it  is up to 

the  Commission  to  translate  these  decisions  into  precise  measures  at  the 

level  of  each  Member  State; whereas,  furthermore,  the  provisions  of  Council 

Regulation  (EEC)  No  ..../93  of 

1993  establishing  a  control  system 

applicable to the common  fisheries policy^9) must be respected; 

Whereas  Council  Regulation  (EEC)  No 2080/93  of  20  July  1993,  relating  to 

application  measures  of  Council  Regulation  (EEC)  No 2052/88  concerning  the 

Financial  Instrument  for  Fisheries  Guidance(10)  defines  the  specific  tasks 

of Community  structural  aid measures  in the  fisheries and  aquaculture  sector 

and the  industry  processing  and marketing  its products, hereinafter  referred 

to  as  "the  sector"; whereas  in terms  of Article  6,  the  Council  must  decide, 

at  the  latest  by  31  December  1993,  the  terms  and  conditions  of  the 

contribution  of  the  FIFG  to  adaptation  measures  of  the  structures  of  the 

sector; 

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  assigned  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  Community,  and  in  order  that  each 

Member  State  is  in a position  to manage  the  structural  interventions  in the 

sector;  whereas,  in  so  far  as  these  interventions  are  not  limited  to  the 

granting of Community  aid, it is appropriate to insert,  in a coherent manner, 

the  programming  of  the  restructuring  of  Community  fishing  fleets  in  the 

context of structural  interventions as a whole; 

(8) 
(9) 
(10)  OJ n° L 193 du 31.7.1993, p.l 

OJ No L 389, 31.12.1992, p. 1. 
OJ No 

HAS ADOPTED THIS REGULATION: 

- 5 -

Article 1: Scope 

The Commission may, on the terms and conditions laid down in this Regulation, 

provide assistance from the FIFG 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  Regulation  shall  be  the 

subject  of  a  two-stage programming  procedure on the terms  laid down in 

Articles 3 and 4. 

2. Provision for the restructuring of the Community's fishing fleets shall be 

made in multiannual guidance programmes, as referred to in Article 5. 

-  6 -

Article 3: Sectoral plans and aid  applications 

1. Each Member State shall present to the Commission: 

-  a sectoral plan 

and 

-  an aid  application, 

in  the  form  of  a  single  programme  document,  hereinafter  referred  to  as 

"the document". 

Each  document  shall  cover  a  period  of  six  years,  the  first  programming 

period beginning on 1 January 1994. 

Unless  arrangements  are  made  to  the  contrary  with  the  Member  States  in 

question, documents covering the first programme period  shall be submitted 

within  three  months  of  the  entry  into  force  of  this  Regulation;  the 

documents  covering  subsequent  programme  periods  shall  be  submitted  at 

least six months before the start of each period. 

2. Each sectoral plan shall cover all of the fields referred to in Titles II, 

III  and  IV  of  this  Regulation.  It  shall  contain  all  the  information 

specified  in  Annex  I  to  this  Regulation.  It  shall  be  drawn  up  in 

accordance  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  the  provisions  of 

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  Community 

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  information  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 Regulation  (EEC) No 4253/88. 

-  7 -

Article 4: Community  programmes 

1. The Commission  shall  examine the  sectoral plans to determine whether they 

are  consistent  with  the  objectives  of  this  Regulation  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  the  provisions  of 

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, 

and 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  shall  be  taken  in  the  framework  of  the 

partnership referred to in Article 4(1) of Regulation  (EEC) No 2052/88 and 

in  agreement  with  the  Member  State  concerned.  It  shall  follow  the 

procedures laid down in Article 17 of Regulation  (EEC) No 2052/88. 

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  accordance  with  the  objectives 

of  the  common  fisheries  policy  and  the  provisions  of  the  multiannual 

guidance  programmes  referred  to  in Article 5.  They  may,  to  this  end,  be 

revised  in the  event  of major  changes  and  at  the  end  of  each  programming 

period  for the restructuring of the Community's  fishing fleets. 

- 8 -

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-term 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, and  in accordance with the procedure provided 

for  in  Article 8  of  Regulation  (EEC)  No 2080/93,  the  Commission  shall 

adopt the multiannual  guidance programmes  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. 

4. By 1 January  1996 at the latest, Member States shall supply the  Commission 

with  the  information  specified  in Annex  II to this Regulation,  to be used 

in  drawing  up  multiannual  guidance  programmes  for  the  period  from 

1 January  1997 to 31 December 1999. 

- 9 -

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  multiannual 

guidance  programme.  Within  three  months  of  this  deadline  the  Commission 

shall  forward  an  annual  report  to  the  Council  on  the  implementation  of 

multiannual  guidance programmes throughout the  Community. 

2. Member  States  shall  transmit  to  the  Commission  the  information  required 

estimate  the  fishing  effort  by  vessel  and  by  fleet  segment  according  to 

the  main  parameters  for  managing  such  effort,  in particular  capacity  and 

activity. 

3. To  this  end  the  Commission  shall  operate  a Community  register  of  fishing 

vessels designed  for use in managing 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 8 of 

Regulation  (EEC) No 2080/93. 

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  guidance  programme  which  has  been  approved  may  be  re 

examined  and,  if necessary,  revised. 

6. The  Commission  shall  decide  whether  or  not  to  approve  the  revisions 

provided  for  in  paragraph 5  of  this  Article  in  accordance  with  the 

procedure  laid down  in Article 8 of Regulation  (EEC) No 2080/93. 

7. For  the  implementation  of  this  Article,  Member  States  must  comply  in 

particular with Article 29 of Regulation  (EEC) No  ..../93.  [monitoring and 

control  Regulation] 

-  10 -

TITLE II: IMPLEMENTATION OF MULTIANNUAL GUIDANCE  PROGRAMMES 

FOR FISHING FLEETS 

Article 7: Common  provisions 

1. During the lifetime of a multiannual guidance programme and with regard to 

a  given  segment  of  a  Member  State's  fleet,  where  the  total  of  FIFG 

assistance  for the operations referred to in Articles 8 and 9 is likely to 

lead to over-achievement of the objectives set in the multiannual  guidance 

programme, the new situation  shall be taken as the new objective. 

2. On an annual basis for each fleet segment, Member States shall ensure that 

the  FIFG  assistance  referred  to  in  Article 10  does  not  result  in  an 

increase in FIFG aid as referred to in Articles 8 and  9. 

Article 8: Adjustment  of fishing effort 

1. Member States shall take measures to adjust  fishing effort on the basis of 

the multiannual guidance programmes  referred to in Article 5. 

To this end, Member  States shall provide for measures to stop definitively 

and/or restrict  vessels' fishing activities. 

2. Measures to definitively  stop vessels' fishing activities may include: 

- 11 -

- 

scrapping of vessels, 

- 

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, 

- 

definitive  reassignment  of the vessel  in question  in Community  waters 

other than  fishing. 

For  vessels  of  less  than  50  gross  registered  tonnes  (GRT)  only  the 

scrapping of the vessel shall represent  a measure to stop definitively the 

activities of the vessel 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. 

FIFG  assistance  for  pe.rma.nent  withdrawal  measures  may  only  be  used  to 

finance the scrapping of vessels,. 

3. Measures  to  restrict  fishing  activities  may  in  particular  include 

restrictions  on  fishing  d.ayg  or  days  at  sea  authorised  for  a  specific 

period or the temporary  cessation of activities. 

FIFG  assistance  may  only  he  used  to  finance measures  intended  to  offset 

partially the loss of inqgrne suffered as a result of a temporary  cessation 

of  fishing  activities  caused  by  unforeseen  events  linked  to  biological 

phenomena  in particular. 

-  12 -

Article 9: Reorientation of fishing activities -

joint enterprises and temporary  joint  ventures 

1. Member  States  may  take  measures  to  promote  the  reorientation  of  fishing 

activities  by  encouraging  the creation  of temporary  joint  enterprises  and 

/or joint ventures. 

2. For the purposes of this Regulation  "temporary  joint enterprise" means any 

association  based  on  a  contractual  agreement  of  limited  duration  between 

Community  shipowners  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  fishing  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 operations. 

3. For  the  purposes  of  this  Regulation  "joint  venture"  means  any  company 

regulated  by  private  law  comprising  one  or more  Community  shipowners  and 

one or more partners in a third country with which the Community  maintains 

relations,  linked  by  a  joint  venture  agreement  with  the  aim  of  jointly 

fishing  for  and  exploiting  fishery  resources  in  the  waters  under  the 

sovereignty  and/or  jurisdiction  of the third  country  or countries, with a 

view to the priority supply of the Community  market. 

4. Where  necessary  the Commission  shall  set  additional  conditions  concerning 

the  fishing  zones, the species  fished,  fishing methods  and gear which the 

activities  of the temporary  joint  enterprises must  satisfy,  in  accordance 

with  the  procedure  referred  to  in  the  second  paragraph  of  Article 8  of 

Regulation  (EEC) No 2080/93. 

-  13 -

Article 10: Fleet renewal and modernisation of fishing vessels 

1. Member  States  may  take  such  measures  to  promote  the  construction  of 

fishing  vessels  as  comply  with  the  intermediate  and  final  objectives  of 

their multiannual  guidance programme 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. FIFG  assistance  may  be  granted  for  measures  to  promote  fishing  vessel 

construction  assuming  this  is justified by  special  regional  circumstances 

and  if these measures  fulfil one of the following conditions : 

- 

the  new  fishing  capacities  apply  to  fleet  segments  that  are  not 

experiencing  major  resource  and market  difficulties and they permit  a 

real  improvement  in the fish products  concerned. 

in the same fleet segment  and the same year the new fishing  capacities 

are  compensated  for by the permanent withdrawal,  or by the  allocation 

to a joint venture, of appreciably greater  fishing  capacities. 

3. Member  States  may  take  measures  to  promote  the  modernisation  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  11: Investments aimed at better monitoring of fishing  activities 

Member  States  may  take  measures  to  encourage  investments  on  board  vessels 

which  will  facilitate  the monitoring  of  fishing  activities  in  line with  the 

objectives  set out  in Article  11 of Regulation  (EEC) No 3760/92. 

-  14 -

TITLE III: INVESTMENT AID IN THE FIELDS OF AQUACULTURE, 

THE DEVELOPMENT OF COASTAL WATERS, FISHING PORT FACILITIES 

AND PROCESSING AND MARKETING 

Article 12: Scope 

1. Member  States  may,  on  the  terms  and  conditions  specified  in  Annex  III, 

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  moveable  facilities  to 

enclose protected underwater areas, 

fishing port  facilities, 

processing  and marketing of fishery and aquaculture products. 

2. In addition, Member States may take measures to encourage the devising and 

implementing  of  quality  improvement  and  control  systems,  systems  to 

improve hygiene and research and training  initiatives  in enterprises.  The 

relevant  expenditure,  with  the  exception  of  beneficiary  enterprises' 

operating  costs, may  be  funded  from  the  FIFG  provided  they  are  directly 

linked to the investments referred to in paragraph 1. 

-  15 -

TITLE IV: OTHER MEASURES 

Article  13: 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^ 

- 

promotion campaigns,  including those highlighting quality  issues 

- 

consumer surveys, 

projects to test  consumer reactions, 

organisation of and participation  in trade fairs and exhibitions, 

organisation of study and sales visits, 

market  studies,  including  those  relating  to  third  countries,  and 

surveys, 

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 regions. 

Article  14: Operations by members of the trade 

Member  States may take measures to promote operations by members of the trade 

themselves  and  regarded  by  the  competent  authorities  in the  Member  State  as 

operations  of  collective  interest,  provided  suoh  operations  serve  to  attain 

the objectives of the common  fisheries policy. 

The measures  referred to  in the present  article  include in particular  aid to 

producer  organisations  in the  sense of Article  7 of Council  Regulation  (EEC) 

No  3759/92  of  17  December  1992,  laying  down  the  common  organisation  of 

fisheries and aquaculture products.C11) 

(11)  OJ No L 388 of 31.12.92, p.l 

-  16 -

TITLE V: GENERAL AND FINANCIAL  PROVISIONS 

Article  15: Compliance with the conditions governing  assistance 

1. Member  States  shall  ensure  that  the  special  conditions  governing 

assistance  listed  in Annex  III to this Regulation are complied with. 

2. When  requesting  payment  of  each  annual  aid  instalment,  Member  States 

shall  certify  that  compliance  with  the  terms  and  conditions  governing 

assistance set out  in this Regulation has been verified. 

3. Where  the  terms  and  conditions  referred  to  in  paragraph 2  have  not  been 

complied  with,  the  Commission  may  suspend,  reduce  or  cancel  FIFG 

assistance. 

Article  16: 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  IV of the present  regulation. 

2. Within  the  scope  of  this  Regulation,  Member  States  may  introduce 

supplementary  aid  schemes  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  they  comply  with 

Articles 92, 93 and 94 of the Treaty. 

Article 17: 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 decision 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. 

-  17 -

Article  18: 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 

beneficiaries. 

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: Entry into force 

This Regulation  shall enter  into force on 1 January 1994. 

This  Regulation  shall  be binding  in  its entirety  and  directly  applicable  in 

all Member States. 

Done at 

For the Council 

The President 

-  18 -

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) 

Areas  of  assistance  are  taken  to  mean  sub-sectors  of  the  fishery 
sector whose problems can be grouped together, for example: 

adjustment  of  fishing effort; 
renewal and modernisation of the fishing  fleet; 
aquaculture; 
enclosed  seawater areas; 
fishing port  facilities; 
product processing and marketing; 
product  promotion. 

- 

- 

-  19 -

ANNEX I 

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 

- 20 -

ANNEX II 

MINIMUM CONTENT OF MULTIANNUAL GUIDANCE PROGRAMMES 

FOR THE FISHING FLEET FOR 1997-99 

1. Up-dating of the description of the situation provided for in Annex I 

This  consists  in  describing  the  change  in  the  situation  regarding 

fisheries, fleet and related employment since the date when the sectoral 

plan was submitted. 

2. Results from the previous programme 

2.1.  Indentify  and  comment  on  the  progress  achieved  in  attaining  the 

objectives set for the 1993-96 programmes. 

2-2.  Analyse  the  general  administrative  and  socio-economic  context  in 

which  it was  implemented  and  in  particular  the  context  in which 

measures to reduce fishing activity were implemented. 

2.3.  Specify  and  comment  on  the  Community,  national  and  regional 

financial resources committed in attaining the results achieved, for 

each fleet segment. 

- 21 -

ANNEX  II 

3. New guidelines 

On  the  basis  of  the  replies  given  to  points  1  and  2  indicate  the 

guidelines  which  should  be  given  to  the  various  fleet  segments  for  the 

period  1997/99,  in  particular  with  relation  to  the  following  two 

operations: 

3.1.  Adjustment  of fishing effort: desirable  levels of fishing effort per 

segment  on  31 December  1999  in  relation  to  the  objectives  set  for 

each  segment  for  31 December  1996.  Associated  administrative  and 

legal provisions.  Systems  for managing  fishing activity.  Extent of 

administrative  resources  and  funds  to  be  used  to  attain  the  new 

objectives thus set. 

3.2.  Fleet  renewal:  Rate  of  renewal  required  for  each  segment  and 

asociated  funding.  Legal  or  administrative  provisions  by  each 

Member State for controlling the inward and outward movements of its 

fleet's vessels.  Measures  taken by Member  States per  fleet  segment 

to  ensure  that  state  aid  granted  for  renewal  and  fishing  effort 

adjustment  operations  do  not  have  contradictory  effects  where  the 

pursuit of the objectives of the programmes  is concerned. 

- 22 -

ANNEX III 

SPECIAL CONDITIONS AND CRITERIA FOR ASSISTANCE 

1. Implementation of multiannual guidance programmes (Title II) 

1.1 Definitive stopping of activity (Article 8(2)) 

(a) Definitive  stopping  of  activity  may  concern  only  vessels which 

have carried out a fishing activity for at least 100 days at sea 

in each of the two periods of twelve months preceding the date of 

request  for  permanent  with  drawal  or,  as  the  case  may  be,  a 

fishing  activity  for at  least 80% of the number of days at sea 

permitted by current national regulations. 

(b) Priority is to be given to vessels more than ten years old. 

1.2 Temporary joint enterprises and joint ventures (Article 9) 

(a) Operations must satisfy the following conditions: 

- they  must  involve  vessels  of  more  than  50  GRT,  technically 

suited  for the proposed  fishing operations, operating  for more 

than  five years and owned by physical or legal persons in the 

Community; 

- the  vessels  in question  must  fly the  flag  of  a Member  State 

throughout the duration of the temporary joint enterprise, which 

must  consist of  fishing  activities  lasting between  six months 

and one year; 

- in the case of the founding of a joint venture, the operation 

must be accompanied by the permanent transfer of the vessel(s) 

to the third country concerned with no possibility of a return 

to Community waters. 

- 23 -

(b) The  financial  assistance  given  to  joint  venture  projects  may  not 

be  added  to  other  Community  aid  granted  under  this  Regulation  or 

Council  Regulations 

(EEC)  Nos  2908/83(l3)or  4028/86.  The 

assistance  granted  is  to  be  reduced  by  the  amount  previously 

received  in the following cases : 

- aid  for  construction  during the ten years preceding  the  setting 

up to the joint venture  (deduction prorata temporis); 

- aid  for the modernisation  and/or allowance for a temporary  joint 

enterprise during the five years preceding the setting up of the 

joint venture  (complete deduction). 

1.3 Vessel construction  (Article 10) 

(a) Vessels  must  be  built  to  comply  with  the  regulations  and 

directives  governing  hygiene  and  safety  and  the  Community 

provisions  concerning  the  dimensions  of  vessels.  They  shall  be 

entered  in the  appropriate  segment  of the Community  register  from 

the  moment  they  commence  fishing  activities  in  accordance  with 

Commission  Regulation  (EEC) HO 163/89. 

(b) Assistance  is to  be  given  by priority  to those  vessels  using  the 

most  selective  fishing gear and methods. 

(13)  OJ No L 290 of 22.10.1983, p.l 

-  24 -

ANNEX  III 

1.4 Vessel modernisation  (Article 10) 

(a) Investments  should relate to: 

- the  rationalisation  of  fishing  operations,  in particular  by the 

use of more selective fishing 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  administrative  rules  regarding 

health, 

and/or 

-  improvement  of working conditions and safety. 

(b) The operations may cover only vessels less than 25 years old. 

.- 25 -

ANNEX  III 

1.5  Investments  to  improve  the  monitoring  of  fishing  activities 

(Article  11) 

(a) Eligible investments should cover, in particular, equipment placed 

on board vessels  in order to  facilitate  operations  to monitor and 

record  fishing  activities.  This  equipment  must  meet  the 

requirements of Community  or national monitoring rules. 

(b) Priority  is  to  be  given  to  investments  for  the  collective 

equipping of fleet  segments or groups of vessels. 

- 26 -

ANNEX III 

2. Investments  in the areas referred to in Title III 

2.0 General 

(a) Investments must 

-  contribute 

tomic 

benefits 

from 

the 

structural 

improvement  in question; 

- offer  an  adequate  guarantee  of  technical  and  commercial 

viability,  in  particular  by  avoiding  the  risk  of  creating 

surplus production  capacity. 

(b) Priority  is to be given to  investments 

- of collective  interest, 

-  submitted by trade bodies, associations and cooperatives, 

- mainly  benefiting  small  and  medium-size  enterprises  as  defined 

in the Commission  guidelines on  state aids to  small  and  medium-

sized enterprises. 

- 27 -

ANNEX  III 

2.1  Aquaculture 

Measures should  involve physical  investments: 

(a) in  the  construction,  equipping,  expansion  and  modernisation  of 

aquaculture  installations, such as 

- the construction, modernisation and acquisition of buildings; 

- works  concerning  the  development  or  improvement  of  water 

circulation  in aquaculture enterprises; 

- the  acquisition  and  installation  of  new  plant  and  machinery 

intended  exclusively  for  aquaculture  production,  including 

vessels  and  equipment  concerned  with  data  processing  and  data 

transmission; 

- effluent  treatment  for  purposes  of  reducing  pollution  of  the 

environment. 

(b) concerning  projects  intended  to  demonstrate,  on  a  scale 

approaching  that  of  normal  productive  investments,  the  technical 

and  commercial  viability  of  farming  species  not  yet  commercially 

exploited  in  the  aquaculture  sector  or  innovative  farming 

techniques, provided they are based on successful research work, 

(c) intended  to  adapt  aquaculture  installations or  zones  to  Community 

and  national  standards  relating  to  product  hygiene  and  quality, 

animal health and the environment. 

- 28 -

ANNEX III 

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  monitoring  of 

the development of marine resources in the waters  concerned; 

(b) they  must  be  carried  out  by  public  institutions,  recognised 

producer  organisations  or  bodies  designated  for  that  purpose  by 

the competent  authorities of the Member State concerned. 

2.3 Fishing port  facilities 

(a) Eligible  investments  should  relate  in particular  to  installations 

and equipment: 

- to  improve  the  conditions  under  which  fishery  products  are 

landed, handled  and stored  in ports; 

- to  improve  the  quality  and  hygiene  of  operations  regarding  the 

handling  and  first placing on the market of fishery products; 

- to support  fishing vessel activities  (provision of fuel, ice and 

water, maintenance and repair of vessels); 

- to  reduce  pollution  and  guarantee  better  environmental 

protection; 

- to  improve  jetties  with  a  view  to  improving  safety  during  the 

landing or loading of products. 

- 29 -

ANNEX  III 

(b) Priority  is to be given to investments: 

- of interest to all fishermen using a port; 

- to improve health and hygiene conditions; 

- to reduce environmental  pollution; 

-  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  should relate in particular to: 

- the construction and acquisition of buildings and  installations; 

- the  acquisition  of  new  equipment  and  installations  needed  for 

the processing  and marketing of fishery and aquaculture products 

between the time of  landing and the end-product  stage  (including 

in particular data processing and data transmission  equipment); 

- the  application  of  new  technologies  intended  in  particular  to 

improve  competitiveness  and increase value added; 

- effluent  treatment  for  purposes  of  reducing  pollution  of  the 

environment. 

-  30 -

ANNEX  III 

(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 

exception  of  investments  exclusively  for  the  handling, 

processing  and  marketing  of  fishery  and  aquaculture  product 

wastes; 

- the retail trade. 

3. Promotion  (Article  13) 

(a) Eligible expenditure  should  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 logos for the duration of promotion campaigns; 

- expenditure  on  publishing,  external  staff,  premises  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,  equipment,  vehicles,  etc.) 

shall not be eligible  for aid. 

- 31 -

ANNEX III 

4. Operations  implemented  by members of the trade  (Article 14) 

(a) At  the  proposal  of  the  Member  State  concerned,  eligible  expenditure 

shall  cover  operations  of  limited  duration  requiring  the  active 

involvement  of  trade  organisations  appointed  for  that  purpose  by  the 

competent  authorities of the Member State. 

(b) Eligible expenditure may concern the following  fields in particular: 

- regulation of access to certain fishing areas and quota management; 

- management  of fishing effort  (capacity  for each  activity); 

- promotion of more selective  fishing gear and methods; 

-  implementation  of technical measures for resource  conservation; 

- operational  contributions  to  a  centre  for  monitoring  commercial 

trends  in the fisheries and aquaculture sector; 

-  restructuring  of aquaculture locations, 

- campains to eradicate aquaculture animal disease. 

-  32 -

ANNEX IV 

SCALES AND RATES OF ASSISTANCE 

1. Scales of assistance relating to fishing fleets  (Title II) 

The  eligible  costs  of  certain  operations  referred  to  in  Title  II  are 

subject to the following restrictions: 

1.1 Definitive  stopping  of  activity  and  joint ventures  (Articles  8(2) and 

9  (3); Annex  III, 1.1 and  1.2) 

TABLE 1 

Class of vessel by 

Maximum amount of premium 

gross registered tonnage 

for a 15-year-old vessel 

(GRT) 

0  -  25 

25 -  50 

50 - 100 

(in ecu) 

5500/GRT 

4500/GRT +  25000 

4000/GRT +  50000 

100 - 400 

2000/GRT + 250000 

400 and more 

1000/GRT + 650000 

(a) The  premiums  for  scrapping  of  a  vessel  and  for  setting  up  joint 

ventures  paid  to  beneficiaries  may  not  exceed  the  following 

amounts: 

-  15-year-old  vessels 

: see Table 1 above; 

- vessels less than 15 

: scale from Table 1 increased by 

- years old 

2.5% per year less than 15; 

- vessels more than 15 

: scale from Table  1 decreased by 

years old 

2.5% per year over 15. 

(b) The  premiums  for  the  permanent  transfer  of  a  vessel  to  a  third 

country  or  for  definitive  re-assignment,  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 37.5%. 

-  33 -

ANNEX IV 

1.2 Temporary  cessation  of  fishing  activities  and  temporary  joint 

enterprises  (Articles 8(3) and 9  (2); Annex  III, 1.2) 

The  laying-up  premiums  (for  temporary  cessation)  and. cooperation 

premiums  (for  temporary  joint  enterprises)  paid  to  beneficiaries  may 

not exceed the scales set out  in Table 2 below: 

TABLE 2 

Class of vessel by 

Maximum amount of premium 

gross registered tonnage 

per vessel  (ecu/day) 

(GRT) 

0  - 

50 

50 - 

70 

70 -  100 

100 -  200 

200 -  300 

300 -  500 

500 - 1000 

1000 - 1500 

1500 - 2000 

2000 - 2500 

4.30/GRT  + 

25 

3.50/GRT  + 

65 

3.12/GRT +  88 

2.74/GRT  +  120 

2.36/GRT  +  177 

2.05/GRT  +  254 

1.76/GRT +  372 

1.50/GRT +  565 

1.34/GRT +  764 

1.23/GRT +  956 

2500 and above 

1.15/GRT + 1137 

- 34 -

ANNEX IV 

1.3 Construction aid (Article 10; Annex III, 1.3) 

The eligible costs of aid for the construction of fishing vessels may 

not exceed the scales in Table 1 above, increased by 37.5%. 

1.4 Modernisation aid (Article 10, Annex III, 1.4.) 

The eligible costs of aid for the modernisation of fishing vessels may 

not exceed 50% of the eligible costs for construction aid referred to 

in 1.3. above. 

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  other) by  the Member  State  concerned  (B) and, 

where applicable, participation by beneficiaries  (C) shall be subject to 

the following conditions, expressed as a percentage of eligible costs: 

2.1 Investments in enterprises 

Group 1 : processing and marketing 

Group 2 : construction and modernisation  of vessels, 

aquaculture 

TABLE 3 

Group 1 

Objective 1 

A < 50% 

regions 

other 

regions 

B > 10% 

C > 25% 

A < 30% 

B > 10% 

C > 50% 

Group 2 

A < 50% 

B > 10% 

C > 40% 

A < 30% 

B > 10% 

C > 60% 

- 35 -

ANNEX IV 

2.2 Other  measures  (scrapping  premiums(*),  temporary  cessation  premiums, 

temporary  joint  enterprises,  monitoring  of  fishing  activities, 

enclosure  of  coastal  waters,  fishing  port  facilities,  product 

promotion, operations undertaken by trade bodies) 

TABLE 4 

Objective 1 regions 

50% < A < 75% 

Other regions 

25% < A < 50% 

B > 25% 

B > 50% 

(*) 

The  premiums  for  permanent  transfer  to  a  third  country  or  for 
definitive  re-assignment,  in  Community  waters  to  uses  other  than 
fishing  are  entirely  for  the  account  of  the  Member  State,  in 
accordance with the final subparagraph of Article 8(2). 

ISSN 0254-1475 

COM(93) 481 final 

DOCUMENTS 

EN 

03 

Catalogue number : CB-CO-93-515-EN-C 

ISBN 92-77-59679-1 

Office for Official Publications of the European Communities 
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