Proposal for a COUNCIL REGULATION (EC) amending Regulation (EC) No 3699/93 laying down the criteria and arrangements regarding Community structural assistance in the fisheries and aquaculture sector and the processing and marketing of its products
Date: 1994-12-06
Institutions: European Commission
Subjects: EU financial instrument, Structural Funds, aquaculture, common fisheries policy, financing policy, fishing fleet

COMVIISSION  OF  THE  EUROPEAN  COMMUNITIES 

COM(94) 568 final 
Brussels, 06.12.1994 

94/ 0281  (CNS) 

P r o p o s al 

f or  a 

COUNCIL  REGULATION  (EC) 

amending Regulation  (EC) No 3699/93  laying down the criteria and arrangements  regarding 
Community structural assistance in the fisheries and aquaculture sector and the processing and 
marketing  of  its products. 

(presented by the Commission) 

explanatory  memorandum 

Reference: 

Council  Regulation 
Regulation 
characteristics  of  fishing  vessels 

(EC)  No 

(EEC)  No  2910/86  of  22  September  1986  defining 

94  of 

.../  ./19941  amending  Council 
the 

1. Consequences  of  the remeasurement of  the tonnage of  fishing  vessels. 

The  implementation  of  the  provisions  of  the  London  Convention  (ITC  69)  concerning  the 
remeasurement  of the tonnage of fishing  vessels in gross tonnes (GT) as well  as the  extension 
of  its  provisions  to  all  the  fishing  vessels  of  the  European  Union  following  the  adoption  of 
Regulation  (EEC)  No  2930/86  last  amended  on  ...l...l...\  make  it  necessary  for  the 
Commission  to modify  a certain  number  of texts that  use vessel  tonnage  as a parameter  in  its 
structural  measures. 

The  Commission  is  thus  led  to  modify  certain  provisions  of  Regulation  3699/93  (FIFG 
application  regulation). 

2.  Content  of  the  modification. 

2.1.  modification  of  article  8  and  of  annex  III  of  the  FIFG  regulation: this  aims  to 
replace the expression  in GRT of the tonnage threshold  for  access to certain  measures 
by  its  expression  in  GT. 

Paragraph  2  of  point  2  of  article  8  and  paragraph  1.2  a)  of  annex  IN  of  the  FIFG  regulation  state  that  only 
fishing  vessels of  tonnage  greater  than  25 GRT  arc  eligible  for  aid  for  exportation,  transfer  to  other  activities, 
or  the  formation  of  a joint  enterprise  or  a  temporary  joint  venture. 

This expression  of tonnage can  be used throughout  the remeasurement  period, but the tonnage  in GT for  vessels 
of  the  same  size  should  be  introduced  as  soon  as  possible.  At  the  end  of  the  transitional  period  only  the 
reference  to  tonnage  in  GT  should  be  maintained. 

1  This regulation  is currently  a draft  in  (he process  of  adoption.  It  will  be  adopted  by  the 

Council  before  the  end  of  1994. 

-i 

From  a statistical  analysis of a sample  of  vessels  for  which  tonnages  in both  GT  and  GRT  were available,  it  was 
estimated  that  a  vessel  of  25  GRT  corresponds  to  a  vessel  of  27.6  GT.  It  is  reasonable  to  round  this  figure  to 
28  GT. 

2.2  modification  of the scales of assistance  relating to fishing fleets  in annex  IV of the 
FIK»  regulation: this aims  to  eventually  replace  the  scales  of  premiums  expressed  in 
ecus/GRT  by  scales  of  premiums  expressed  in  ecus/GT. 

fables  1 and  2 of  annex  IV  of  FIFG  give  by  tonnage  class  the  values  of  the  premiums  in  ecus/GRT  spent  by 
the  public  bodies  under  measures  for  permanent  withdrawal,  the  formation  of  joint  enterprises,  temporary 
cessation  or  temporary  joint  ventures. 

The  change  of  units  from  GRT  to  GT  is  necessary  because  of  the  remeasurement  of  all  fishing  vessels  in  the 
new  unit  of  tonnage. 

Since  the  ratio  GT/GRT  varies  with  the  size  and  form  of  the  vessels,  it  was  not  possible  to  maintain  the  same 
classes  of  tonnage  as  those  initially  used  in  the  FIFG  application  regulation.  Nevertheless, the  exercise  aimed 
to  derive  new  scales  in  ecus/GT  for  which  the  financial  cost  for  the  Union  and  the  Member  States  will  be 
identical  to  that  which  would  have  resulted  from  the  application  of  the  old  scale. 

This  was  done  using  the  sample  of  vessels  representative  of  the  Community  Heel  for  which  the  values  of  both 
GRT  and  GT  were  available  to  the  services. 

In roiupai ismi  with  (lit.- old  U'I'.IIIIC  the  c<>sl <>| the  new  icgniir  <>l picmiiims  loi  llus  sample  ol  vessels  will  be 
I 3%  loi  permanent  withdrawal  and  |oml  enterprises  and  - 3% for  temporary  cessation  and  I .IV. 

However  over  the  intermediate  period  when  owners  are  permitted  to  choose  on  or  other  of  the  scales,  the 
additional  costs  are  respectively  *9%  and  M%  until  I  January  2004. 

2.3  collection  of an error in article 5: the  reference  to the  committee  which  allows the 
adoption  of  the  multiannual  guidance  programmes  must  be  changed. 

The  Committees  envisaged  in  Regulation  (FC)  No  3699/93  relate  to the  structural  funds  regulations  applicable 
to  fisheries  (article  8 of  R.2080/93)  and  to  the  basic  regulations  of  the  Common  Fisheries  Policy  (article  18 of 
R.3760/92). 

Since  reference  is  made  to  the  procedures  for  the  adoption  and  modification  of  the  Multiannual  Guidance 
Programmes  in  articles  5 and  (> of  R.3699/93  it  is  logical  to  refer  to  article  18 of  R.3760/92. 

Article  5 however  refers  to  article  X  of  Regulation  2080/93  This  error  can  be  easily  put  right 

Co 

COUNCIL REGULATION No  .../94 of 

amending Regulation  (EC) No 3699/93 laying down the criteria and arrangements regarding 
Community structural assistance in the fisheries and aquaculture sector and the processing and 
marketing of its products. 

THE COUNCIL OF THE EUROPEAN UNION 

Having  regard  to the treaty  establishing  the European  Community, 

Having  regard  to  Council  Regulation  (EEC) No 2080/93  of  20 July  1993 laying  down 
provisions for implementing Regulation (EEC) No 2052/88 as regards the financial instrument 
for  fisheries  guidance, and in particular  Article 6 thereof, 

Having  regard  to the proposal  from  the Commission1, 

Having  regard  to the opinion  of the European  Parliament2, 

Having  regard  to the opinion  of the Economic and Social  Committee3, 

Whereas  the provisions  of the London  Convention  (ITC  69) were  extended  to all  fishing 
vessels by Council  Regulation  (EEC) No 2930/864 of 22 September  1986, last amended by 
Council  Regulation  (EC) No .../...  of  ...I...I...  , and whereas  the implementation  of the 
provisions  of the said  Convention  generalised,  by  1 January  2004 at the latest,  the use  of 
gross tonnage as the unit of tonnage to all vessels of the fishing  fleet  of the Union, 

whereas this usage makes it essential  to modify  the provisions of Council Regulation  (EEC) 
No 3699/935 of 21 December  1993 since they refer to vessel tonnage, and in particular tables 
1 and 2 of annex  IV of this  regulation, 

whereas it is appropriate to ensure the harmonisation of the procedures envisaged by articles 
5 and 6 of Regulation  (EC) No 3699/93 

HAS  ADOPTED  THIS  REGULATION 

Regulation  (EC)  No  3699/93  is  modified  as  follows: 

First  article 

1. The  following  part-sentence  is  added  to  article  8, point  2, paragraph  2  and to the  first  line 
of  the first  paragraph  of  point  1.2.a) in annex  III, after  the  reference  in the  text to  "25  GRT": 

"  or 28  GT" 

2.In  article  5, point  2, paragraph  I, the reference  to "article 8 of Regulation (EC)  No 2080/93" 
is  replaced  by  a  reference  to  "article  18 of  Regulation  (EEC)  No  3760/92" 

3.  The  following  new  provision  is  added  to  article  16: 

"From  1.1.2004  only  reference  to  the  GT  unit  of  tonnage  will  be  possible  in  the  present 
regulation." 

4.  Tables  1 b  and  2  b  shown  in  the  annex  to  the  present  regulation  are  added  to  annex  IV. 

Article  2 

This  regulation  shall  enter  into  force  on  the  7th  day  following  its  publication  in  the  Official 
Journal  of  the  European  Communities. 

This  Regulation  shall  be  binding  in  its entirety  and  directly  applicable  in  all  Member  States. 

Done  at  Brussels, 

For  the  Council 
The  President 

O 

ANNEX 

Scales and rates of assistance relating to fishing fleets  (Title II) under  FIFG 

Permanent  withdrawal  and  joint enterprises 

TABLE  lb 

Class of vessel by 
GT 

0 < 10 
1 0 < 25 
25 <  100 
100<300 
300 < 500 
500 and over 

Maximum amount  of 
premium for  a  15 year 
old vessel measured in 
GT 

7100  x GT 
4600 x GT + 25000 
3571 xGT  +50700 
2348 x G T+  173000 
1891 x GT  + 317400 
1230 x G T+  650000 

Temporary cessation of fishing activities and temporary joint  ventures 

TABLE  2b 

Class of vessel by  Maximum amount  of 
GT 

premium per vessel per 
day for  a vessel 
measured in GT 

0 < 10 
1 0 < 25 
2 5 < 50 
50 <  100 
100 < 250 
250 < 500 
500 <  1500 
1500 < 2500 
1  2500  and over 

| 

5.20xGT  + 20 
4.07xGT  + 31 
3 . l 6 x GT  + 54 
2.54xGT  + 85 
1.93 xGT  +  146 
1  4 9 x GT  + 255 
1.10 xGT  +450 
0.90 xGT  +750 
0.69 x GT +  1275 

| 

KSN 0254-1475 

COM(94) 568 final 

DOCUMENTS 

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Catalogue number : CB-CO-94-590-EN-C 

ISBN 92-77-83178-2 

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