Amended proposal for a COUNCIL REGULATION (EC) establishing a system of compensation for the additional costs incurred in the marketing of certain fishery products from the Azores, Madeira, the Canary Islands and the French department of Guiana as a result of their very remote location
Date: 1995-05-15
Institutions: European Commission
Subjects: aid recipient, balance of payments assistance, compensatory financing, fishery product, island region, peripheral region

COMMISSION OF THE EUROPEAN  COMMUNITIES 

Brussels,  15.05.1995 
COM(95)  178 final 

94/0255  (CNS) 

Amended  proposal  for  a 

COUNCIL  REGULATION  (EC) 

establishing  a system  of compensation  for the additional  costs  incurred  in  the marketing 
of certain fishery products from  the Azores,  Madeira,  the Canary Islands and the French 

department  of  Guiana as  a result  of  their  very  remote  location. 

(presented  by  the Commission  pursuant to  Article  189  a (2) 
of  the  EC-Treaty) 

EXPLANATORY  MEMORANDUM 

In the context  of  the  Council  Decisions  establishing  programmes  of  specific  options  to 
take  account  of  the  distance  and  island  nature  of  the  most  remote  regions  of  the 
Community1  (the  Portuguese  archipelagoes  of  the  Azores  and  Madeira,  the  Spanish 
archipelago of the Canaries and the French overseas departments of Guadeloupe,  Guiana, 
Martinique and Réunion),  on 4 November  1994 the Commission  adopted a proposal  for 
a  Council  Regulation  establishing  a  system  of  compensation  for  the  additional  costs 
incurred  in  the  marketing  of  certain  fishery  products  from  the  Azores,  Madeira,  the 
Canary  Islands  and  the  French  department  of  Guiana  as  a  result  of  their  very  remote 
location2. 

In April  1995  Parliament  adopted  a resolution  approving  the proposal  submitted  by  the 
Commission.  The  resolution  contains  certain  amendments  to  be  made  to  the  proposal. 
The  Commission  agreed  to  incorporate  some  of  those  amendments  into  its  initial 
proposal,  adapting the form of the amendments in some cases. The amendments accepted 
by  the  Commission  concern  the  following  aspects: 

the  introduction  of  a  new  recital,  referring  to  the  Declaration  on  the  outermost 
regions  of  the  Community,  annexed  to  the Treaty  on  European  Union; 

the  introduction  of  a  new  recital,  following  the  fourth  recital  of  the  current 
version,  referring  to  the  importance  of  coastal  and  small-scale  fishing  in  those 
regions; 

the  introduction  of  a  new  recital,  following  the  fourth  recital  of  the  current 
version,  referring  to the need  to  rationalize  the fishing  effort,  with  the  wording 
of  the  new  recital  adapted  to  exclude  reference  by  name  to  any  research 
institution; 

the  introduction  of  a  new  paragraph  in  Article  2  allowing  for  the possibility  of 
those  regions  using  tuna  from  other  Member  States; 

the  introduction  of  a  new  Article,  following  Article  3  of  the  current  version, 
identifying  the beneficiaries  of  the  system; 

the  amendment  of  Article  5  to  include  a  reference  to  the  Committee  of  the 
Regions  and  the  Economic  and  Social  Committee  as  recipients  of  the  report  on 
implementation  to  be  drawn  up by  the  Commission. 

Decisions 89/687/EEC, 91/314/EEC and 91/315/EEC (OJ Nos L 399, 30.12.1989, 039, L 171, 
29.6.1991,  pp. 5 and  10). 
Document  COM  (94) 473  final,  4.11.1994. 

°t 

The Commission  has not approved  the other amendments,  because,  respectively: 

they are not justified in the light of the application of the system, since it does not 
involve  significant  variations  from  one  year  to  the next  in  terms of  additional 
costs  incurred  as  a result  of  remoteness  -  Amendment 4  (new  recital  4c) and 
amendment  10 (Article 5a - new); 

the  volume  of  certain  demersal  and  pelagic  species  exported  does  not justify 
extending the system to cover them nor, therefore,  an increase in total quantities 
to be financed - Amendment 5 (Article 2 (1)); and extending the system to cover 
those  species  by reducing  the quantity of  tuna to be financed is  not justified  -
Amendment II  (Article 2(1)); 

a mere amendment of the wording is involved which does not correspond  to the 
needs expressed by the national authorities - Amendment 7 (Article 2 (2)). 

•  AMENDED  PROPOSAL 

FOR  A  COUNCIL  REGULATION  (EC) 

establishing  a system  of compensation  for the additional costs  incurred  in the marketing 
of certain fishery  products from  the Azores,  Madeira,  the Canary Islands and the French 
department  of  Guiana as  a result  of  their  very  remote  location. 

(Submitted  by  the Commission  pursuant  to  Article  189a  (2)  of  the EC  Treaty). 

The  proposed  text  is  amended  as  follows: 

Before  the  first  recital 

(new  recital) 

Having  regard  to  the  Declaration  annexed  to  the  Treaty  on  European 
Union  on  the outermost  regions  of  the  Community: 

Recital  4a  (new) 

Having  regard  to the social  and economic  importance  of  coastal  and small-scale  fishing 
in  the outermost  regions  of  the European  Union: 

Recital  4b  (new) 

Whereas  it is necessary  to rationalize the fishing  effort  with a view to sound  management 
of  stocks,  and  taking  particular  account  of  the research  carried  out  to this  end  to a high 
technical  standard  by  various  scientific  institutions  in  the outermost  regions: 

Article  2  (Da  (new) 

In  the  event  that  the  total  annual  quota  of  15 000  tonnes  is  not  used  up by  the  catches 
of  vessels  registered  in ports  of  the Azores  and/or  Madeira,  the parties  concerned  may 
use  tuna  from  other  Member  States. 

Article  3a  (new) 

The measures  provided  for in this Regulation  shall be intended for producers,  owners  of 
vessels  registered  in  the ports  of  the  regions  referred  to  in  Article  1 and  carrying  out 
their activities  on  those regions,  or associations  of  such producers  or owners,  as well as 
operators  in  the  processing  sector  who  bear  additional  costs  in  the  marketing  of  the 
products  referred  to  herein  as  a result  of  their  very  remote  location 

4 

Article 5 

Every  three years, commencing  on  1 January  1998,  the Commission  shall  present  the 
European  Parliament,  the  Council,  the  Economic  and  Social  Committee  and  the 
Committee of the Regions with a report on the implementation of the measures provided 
for in this Regulation accompanied, where appropriate, by proposals for any adjustments 
which  might be necessary  to achieve the objectives set out in Article  1. 

ISSN 0254-1475 

COM(95) 178 final 

DOCUMENTS 

EN 

03  11 

Catalogue number  : CB-CO-95-199-EN-C 

ISBN 92-77-88697-8 

Office for Official Publications of the European Communities 

L-2985 Luxembourg 

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