Council Regulation (EC) No 2719/95 of 20 November 1995 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: 1995-11-20
Institutions: Council of the European Union
Subjects: FIFG, aquaculture, common fisheries policy, early retirement, financing policy, retirement conditions













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31995R2719

Council Regulation (EC) No 2719/95 of 20 November 1995 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  


Official Journal L 283 , 25/11/1995 P. 0003 - 0004 





COUNCIL REGULATION (EC) No 2719/95 of 20 November 1995 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 productsTHE COUNCIL OF  THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 43  thereof, Having regard to the proposal from the Commission  (1), Having regard to the opinion of the European Parliament  (2), Having regard to the opinion of the Economic and Social Committee  (3), Whereas Council Regulation (EC) No 3699/93  (4) lays down the criteria and arrangements regarding  Community structural assistance in the fisheries and aquaculture sector and the processing and  marketing of its products; Whereas the fishing industry is now undergoing far-reaching changes in the context of a serious  crisis; whereas the necessary adjustments to the industry entailed by the application of the common  fisheries policy as laid down in Council Regulation (EEC) No 3760/92 of 20 December 1992  establishing a Community system for fisheries and aquaculture  (5) are creating a need for an  extensive range of accompanying measures of a socio-economic nature; Whereas a range of socio-economic accompanying measures to assist enterprises and individuals in  the fishing industry as well as areas dependent on fishing is already available at Community level  in the general context of the Structural Funds; Whereas these measures are not, however, sufficient to prevent the fishing industry from losing  dynamic and skilled members through the reduction of fishing capacity; whereas appropriate measures  should therefore be implemented at Community level, in particular to assist the oldest fishermen; Whereas the social partners have been consulted pursuant to Article 3 of the Agreement annexed to  the Protocol on social policy, HAS ADOPTED THIS REGULATION: Article 1 Regulation (EC) No 3699/93 is hereby amended as follows: 1.  The following Article shall be inserted. 'Article 14a Measures of a socio-economic nature 1.  For the purposes of this Article, "fisherman" shall mean anyone engaging in his main occupation  on board an operational sea-going fishing vessel. 2.  The Member States may take, for fishermen, measures of a socio-economic nature associated with  restructuring of the Community fisheries sector within the meaning of Article 11 of Regulation  (EEC) No 3760/92. 3.  Financial assistance from the FIFG may only be granted for the following measures: (a)  part-financing of national early-retirement schemes for fishermen, provided that the following  conditions are fulfilled: -  at the time of early retirement, the age of the beneficiaries of the measure must be not more  than ten years from the legal retirement age for the purposes of the legislation in force in the  Member State, or, the beneficiaries must be aged at least 55, -  the beneficiaries can show that they have worked for at least 10 years as fishermen. However, contributions to the normal retirement scheme for fishermen during the period of early  retirement shall not be eligible for financial assistance from the FIFG. In each Member State, for the entire programming period within the meaning of Article 3, the number  of beneficiaries may not exceed the number of jobs eliminated on board fishing vessels as a result  of those vessels permanently stopping fishing activities, within the meaning of Article 8 (2), or  because of the permanent transfer of vessels to a third country in the context of the creation of a  joint enterprise, within the meaning of Article 9 (3); (b)  granting individual compensatory payments to fishermen, on the basis of an eligible cost  limited to ECU 7  000 per individual beneficiary, provided the vessel on which the beneficiaries  were employed has been the object of measures permanently stopping its activities, within the  meaning of Article 8 (2), or permanently transferring it to a third country in the context of the  creation of a joint enterprise, within the meaning of Article 9 (3). Under no circumstances may any one fisherman accumlate the benefits of the two measures referred to  in points (a) and (b). 4.  The Member States shall adopt the necessary provisions to prohibit any one fisherman from  accumulating benefits from the two measures referred to in paragraph 3 (a) and (b). They shall also  make the necessary arrangements to ensure that the beneficiaries of the measure referred to in  paragraph 3 (a) permanently give up work as fishermen and that the compensation referred to in  paragraph 3 (b) is refunded on a pro rata temporis basis where the beneficiaries return to their  work as fishermen within a period of less than six months after the decision to grant them the  compensation. 5.  Unless provisions to the contrary are adopted according to the procedure provided for in  Article 43 of the Treaty, this Article shall automatically be repealed when the first programming  period referred to in Article 3 of this Regulation expires.` 2.  In Annex IV, paragraph 2.2., the text of the 'Group 2` indent shall be supplemented as follows:  'including the measures referred to in Article 14a (3)`. Article 2 This Regulation shall enter into force on the third 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, 20 November 1995. For the Council The President C. ALBORCH BATALLER