Proposal for a COUNCIL DECISION 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
Date: 1993-11-10
Institutions: European Commission
Subjects: EU Member State, EU financing, conservation of fish stocks, fishery management, fishery product, fishery resources

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) 
(2) 
(3) OJ No L 261, 20.10.1993, p. 1 

SEC(91) 2288 final, 4.12.1991. 
SEC(92)  394 final, 6.3.1992. 

,./ 

TRAD/450.93/en/vk 

- 2 -

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: 

Decision  89/631/EEC  is amended as follows: 

Article 1 

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) 
(5) 

OJ No L  364,  14.12.1989, p. 64. 
OJ No L 213, 27.7.1992, p. 35. 

../ 

TRAD/450.93/en/vk 

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." 

An  Annex  II  is  added  to  Decision  89/631/EEC  laying  down  the  financing 

conditions referred to in Article 2a thereof. 

Article 2 

This Decision is addressed to the Member states. 

Article 3 

Done at 

For the Council 

The President 

(6) 

OJ No L 389, 31.12.1992, p. 1 

../ 

TRAD/450,93/en/vk 

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; 

TRAD/450.93/«n/vk 

../ 

f-

- 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 

TRAD/450.93/en/vk 

.-/ 

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 
5.2 

Compulsory 
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. 

TRAD/450.93.1/en/vk 

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 

93 BUDGET 

94 PDB 

% CHANGE 

Financial contribution 
-  towards purchase of 
monitoring  equipment 

-  towards pilot projects 

TOTAL 

22 

0 

22 

15 

7 

22 

- 32% 

7.3.  Operational  expenditure  on  studies,  meetings  of  experts,  etc 

included in Part B 

CATEGORY 

93 BUDGET 

94 PDB 

%  CHANGE 

studies 

-  Meetings of experts 
-  Conferences, congresses 
-  Information and 
publications 

TOTAL 

The nature of this heading excludes transfers in Part B, 

»AD/450.93.1/*n/vk 

-s-

7.4. 

Indicative 
multiannual measures covered by estimated  requirements) 

for  commitment  appropriations 

schedule 

(for 

the 

Aggregate 
at end 
1992  (1) 

[million ECU' 

INDICATIVE  PROGRAMMING 

1993 
BUDGET 

1994 
PDB 

1995 

1996 

1997 

1998 and 
following 
fin. yrs 

57.9 

22.0 

22.0 
(2) 

22.0 
(2) 

(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. 
9.1. 

Objectives and coherence with financial programming 
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. 

TRAD/4 50.93.1/en/vk 

-\t-

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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COM(93) 546 final 

DOCUMENTS 

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ISBN 92-77-60674-6 

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