Proposal for a COUNCIL DECISION on a specific measure for the grant of an indemnity to fishermen from certain Member States of the Community who have had to suspend their fishing activities in waters under the sovereignty or juridiction of Morocco
Date: 1995-10-10
Institutions: European Commission
Subjects: EU financial instrument, Morocco, cessation of trading, fisherman, fishing agreement, fishing rights

COMMISSION  OF THE  EUROPEAN  COMMUNITIES 

Brussels,  10.10.1995 

COM(95)  469 final 

95/0246  (CNS) 

Proposal  for a 

COUNCIL  DECISION 

on a specific  measure for the grant of an indemnity 
to fishermen from certain Member States of the Community 
who have had to suspend their fishing activities 
in waters under the sovereignty  or jurisdiction of Morocco 

(presented by the  Commission) 

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EXPLANATORY  MEMORANDUM 

1.  BACKGROUND 

The Agreement on relations in the sea fisheries  sector between the European  Community 
and  the  Kingdom  of  Morocco,  which  applied  from  1 May  1992,  expired  on  30  April 
1995. 

Negotiations  between  the  two  parties  entered  into  well  before  that  date  have  not  yet 
resulted  in a compromise  for a new agreement. Some 700 Spanish and Portuguese  vessels 
have  been  immobilized  since  then  and  have  been  unable  to  carry  on  any  alternative 
activity. 

In  view  of  the  fact  that  the  redeployment  of  those  fleets  in  Community  waters  or  the 
waters  of  other  third  countries  presents  difficulties  on  account  of  the  restrictive  policy 
concerning  access  now  applied  in  relation  to  the  fleets  which  normally  fish  in  those 
waters, the Commission is planning to pay an indemnity to the shipowners and crews who 
have  had  to  suspend  their  activities. 

2.  PRECEDENT  OF  THE  SAME TYPE 

The Commission, in Decision 88/162/EEC of  1  February  1988, which applied for a period 
of one month, extended  for a further  month, granted aid to the owners of 700 Spanish and 
Portuguese  vessels  which  had  been  immobilized  for  almost  two  months,  pending  the 
termination  of  negotiations  in  progress  for  the  conclusion  of  a  fisheries  agreement 
between  the  Community  and  Morocco. 

Phis measure was proposed  under  Article  32 (Title X) of Regulation  (EEC) No  4028/86 
concerning  specific  measures. 

3.  PROPOSED  COMPENSATION 

The  European  fleet  operating  in  Moroccan  waters  under  the  Agreement  between  the 
Community  and  Morocco  can  be  broken  down  as  follows: 

Vessels 

Tonnage 

Spain 
Portugal 

Total 

632 
53 

685 

69  821 
4  677 

74 498 

Crew 

6 285 
1 117 

7 402 

The  breakdown  for  crews  includes  only  fishermen  who  are  nationals  of  the  Member 
States  concerned. 

Indemnity  for  shipowners 

Under  Article  14 of  Regulation  (EC)  No  3669/93, shipowners  may  qualify  temporarily 
for  Community  assistance  through  the  FIFG. 

Application  of the scales set out in the Regulation  would  offer  shipowners  for  the whole 
totalling  ECU  52  million 
of 
(ECU  48  million  for  Spain  and  ECU  4 million  for  Portugal). 

to  December)  compensation 

the  period 

(May 

The  Community  would  bear  75% of  the  cost,  in  accordance  with  the  Structural  Funds 
rules  for  Objective  1 regions. 

This Community  compensation  for shipowners would be charged against the FIFG under 
the appropriations  for  the  operational  programmes  for  Spain  and  Portugal. 

Indemnity  for  crews 

The indemnities  for  crews, on the other hand, would  mean that a special  socio-economic 
measure  would  have  to  be  implemented,  based  on  Article  3  of  Regulation  (EEC)  No 
2080/93  concerning  specific  measures. 

Crew members who are entered  on the books of vessels which have been immobilized  as 
a  result  of  the  suspension  of  fishing  activities  in  Moroccan  waters  since  1 May  1995 
would  receive a monthly  indemnity  of  ECU  454 per man per  month  for  the period  May 
to  August.  On  account  of the deterioration  in the  social  situation  of  fishermen  owing  to 
the  exceptional  length  of the crisis, the indemnity  would be raised  to ECU  620 per  man 
per  month  for  the  period  September  to  December. 

The estimated  cost of  the measure is: 

Spain: 
Portugal: 

6 285  x 454  x 4  I 6 285  x 620  x 4 
I  117 x 454  x 4  f  I  117 x 620  x 4 

ECU  27 000  360 
ECU  4  798  632 

Total: 

7 402  x 454 x  4 + 7 402  x 620 x 4 - 

ECU  31  798  992 

The Community  could contribute  up to  75% of this amount, i.e.  ECU 24  million, under 
the  Structural  Funds rules for Objective  1 regions. 

Part  of  this  Community  compensation  for  crew  members  would  be  covered  by 
appropriations available under the operational  programmes, part by a repiogramming  of 
those  programmes and part by a transfer  within  rubrique 2. 

Proposal  for a 

COUNCIL DECISION 

on  a specific  measure  for  the grant  of  an  indemnity 
to  fishermen  from  certain  Member  States  of  the  Community 
who  have  had  to  suspend  their  fishing  activities 
in  waters  under  the  sovereignty  or jurisdiction  of  Morocco 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 
Article  43  thereof, 

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  guidance1,  and  in particular  Article  6 thereof, 

Having  regard  to  the  proposal  from  the  Commission2, 

I laving  regard  to  the  opinion  of  the  European  Parliament3, 

Having  regard  to  the  opinion  of the  Economic  and  Social  Committee4, 

Whereas  the  Agreement  on  relations  in  the  sea  fisheries  sector  between  the  European 
Economic Community and the Kingdom of Morocco5 applicable for a period of four  years 
from  1 May  1992 provided  for  a mid-term  review; 

Whereas  it  was  agreed  at  the  mid-term  review  meeting  to  terminate  the  validity  of  the 
Agreement  on 30 April  1995 and to start negotiations on a new Agreement  which would 
apply  from  1 May  1995; whereas it proved  impossible to conclude these negotiations by 
that  date; 

Whereas, as a result of a notification  from  the Moroccan  authorities, Community  vessels 
operating in waters under the sovereignty or jurisdiction of Morocco stopped their  fishing 
activities  on  30  April  1995; 

Whereas  about  700  vessels  flying  the  flags  of  Spain  and  Portugal  are  affected  by  the 
suspension of fishing activities and cannot work either in Community waters or elsewhere; 

Whereas,  pending  the  outcome  of  the negotiations  in progress,  the consequences  of  this 
suspension  of activities should be reduced  to a minimum by the grant of an indemnity  to 
shipowners  and  fishermen  designed to remedy  a serious disturbance  in the economies  of 
certain areas of the Member  States concerned; whereas the indemnity  for  shipowners and 

O J N oL  193, 31.7.1993, p.  1. 
O J N oC 
Opinion  delivered  on 
Opinion  delivered  on 
O J N o L 4 0 7,  31.12.1992, p.  1. 

4-

'1 
fishermen  may  be  granted  only  where  they  have had  to  suspend  all  fishing  activities  as 
a  result  of  the  failure  to  renew  the  Agreement; 

Whereas  the  shipowners  may  qualify  temporarily  for  Community  financial  assistance 
under  the financial instrument  for fisheries guidance pursuant  to Article  14 of  Regulation 
(EEC)  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; 

Whereas  an  indemnity  for  fishermen  constitutes  a specific  measure  within  the  meaning 
of  the  last  indent  of  Article  3(1)  of  Regulation  (EEC) No 2080/93; 

Whereas in view of the deterioration  in the circumstances of fishermen  as a result of the 
exceptional  length  of the  crisis, the  indemnity  should  be  increased  from  1 September; 

Whereas  a  number  of  Spanish  and  Portuguese  vessels  have  been  forced  to  suspend  all 
activities  on  account  of  the  interruption  of  fishing  in  Moroccan  waters;  whereas  this 
period  of  inactivity  should  be  taken  into  consideration,  therefore,  in  the  calculation  of 
fishing activity  for  the  purposes  of eligibility  for  structural  aid  measures, 

HAS  ADOPTED  THIS  DECISION: 

Article 1 

1. 

2. 

1. 

2. 

A  specific  measure  is  hereby  introduced  for  the  grant  of  an  indemnity  to 
fishermen who are nationals of a Member State and who are entered  on the books 
of  a  fishing  vessel  flying  the  flag  of  the  Kingdom  of  Spain  or  the  Portuguese 
Republic  and who have had to suspend their fishing  activities in waters under the 
sovereignty  or jurisdiction  of Morocco. 

The  indemnity  is  intended  for  fishermen  from  those  Member  States,  in  order  to 
help  minimize,  pending  the  outcome  of  the  negotiations  in  progress,  the  loss  of 
income  they  are  suffering  as a result  of the  suspension  of  their  fishing  activities 
in  the  waters  under  the  sovereignty  or jurisdiction  of  Morocco. 

Article 2 

The  indemnity  shall  be granted from  1 May  1995 up to the date on which fishing 
activities  recommence  under  a  new  Agreement  with  Morocco  and  up  to  31 
December  1995 at the  latest. 

The  amount  of  the  indemnity  paid  by  the  Member  States  to  the  fishermen  shall 
not exceed ECU  454 per man per month for the period  1 May to 31 August  1995 
and  ECU  620  per  man  per  month  for  the  period  1 September  to  31  December 
1995. 

The  financial  contribution  from  the  Community  shall  not  exceed  75%  of  the 
amounts  actually  paid. 

*o 

Fishermen  employed  on  board  vessels  which  have  had  to  suspend  all  fishing 
activities  as  a  result  of  the  failure  to  renew  the fisheries agreement  between  the 
Community  and  the  Kingdom  of  Morocco  shall  alone  be  eligible  for  the 
indemnity. 

The  maximum  number  of  fishermen  qualifying  for  the  standby  indemnity  is 
estimated  at  7 402, comprising  6 285  in  Spain  and  1 117 in  Portugal. 

3. 

Payment  of the Community  contribution  shall be subject  to the actual  suspension 
of  activities  by  vessels  and their  crews during  the  indemnity  period. 

Article 3 

The  period  of  inactivity  of  Spanish  and  Portuguese  fishing  vessels  which  are  entitled  to 
the  indemnity  provided  for  in  this  Decision  shall  be taken  into consideration  as days on 
which  a fishing activity  has  been  carried  on  within  the  meaning  of  point  1.1. of  Annex 
111  to Regulation  (EC) No 3699/93, within the limit of the number of days on which those 
vessels have carried  on  a fishing activity,  under  the Agreement  between  the  Community 
and  the  Kingdom  of  Morocco,  during  the  same  period  in  1994. 

Article 4 

The  Member  States  concerned  shall  forward  to  the  Commission  the  programme  of 
assistance  containing  details  of the  indemnity  arrangements. 

The  Commission  shall approve the programme  after  considering  its conformity  with this 
Decision  and  the  Community  provisions  concerning  the  FIFG. 

This  Decision  is addressed  to the  Kingdom  of  Spain  and  the  Portuguese  Republic. 

Article 5 

Done  at  Brussels, 

For the  Council 

G 

BUDGET  IMPACT  FORM 

(to  be completed  in ecus) 

1. 

Budget  heading: 

B2-1100 

Objective  1 regions 

2. 

Appropriations  entered  under  this heading  for  1995: 

ECU  297  550  000 

3. 

Carry-over(s)  authorized  or  requested  (specify): 

automatic 

non  automatic 

4. 

Expenditure  arising  from  Decision  proposed  by  the Commission: 

(a) 

in  respect  of the  current  year 

ECU 23.85  million 

using  appropriations  entered  under the budget  heading  referred  to 

using  carry  overs 

applying  other  procedures! 

(b) 

in  respect  of  subsequent  years  (where  applicable) 

5. 

Other  financial  implications  of  Decision  (if any): 

None 

6. 

Method  of  calculation  adopted  (explain  in words): 

Community  contribution  pursuant to Article 3 of Council  Regulation  (EEC) 
No 2080/93  of 20 July  1993. The method  of calculation  is expressly  included 
in Article  2  of the  Decision  concerning  the  specific  measure. 

In  this  exceptional  situation,  give detailed  reasons. 

ISSN 0254-1475 

COM(95) 469  final 

DOCUMENTS 

EN 

03  11 

Catalogue number  :  CB-C0-95-511-EN-C 

ISBN 92-77-94226-6 

Office for Official Publications of the European Communities 

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