Proposal for a Council Regulation (EC) amending for the fourth time Regulation (EC) No 3699/93 laying down criteria and arrangements regarding Community structural assistance in the fisheries and aquaculture sector and for processing and marketing of its products
Date: 1996-04-30
Institutions: European Commission
Subjects: Structural Funds, aquaculture, exchange rate, originating product, product quality

^ * .v 

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels,  30.04.1996 
COM(%)  189 final 

96/0124<CNS) 

Proposal  for a 

amending for the  fourth time  Regulation  (EC)  No  3699/93  laying down criteria and anangements  regarding 

Community structural assistance  in the fisheries and aquaculture  sector and for processing and marketing of 

its products 

(presented by the Commission) 

EXPLANATORY  MEMORANDUM 

The  attached  proposal  amending  Council  Regulation  (EC)  No  3699/93  (1)  makes  three  modifications: 

1.  Product  promotion: Regulation  (EC)  No  3699/93  permits  part-financing  from the  FIFG  of  action to  promote 

and  find new  outlets  for fishery  and  aquaculture  products. These  include  quality  certification  and  labelling, the 

idea  being  to  encourage  efforts  to  increase  market  value.  In  order  to  restrict  promotion  to  a  message  to  the 

consumer  about  the  intrinsic  qualities  of  products  or the  qualities  of  manufacturing  procedures  and so  prevent 

promotion from distorting  competition  between  Member  States  and  regions, which  in most  cases  catch  at  sea 

species  the  quality  of which  does  not  depend  on  the  zone  in which  they  are  taken,  no  reference  is  permitted 

in  the  message  to  a  particular  country  or  production  zone. 

Some  species,  particularly  farmed  species,  have  however  specific  qualities  resulting  from  the  nature  of  the 

place where they  are  raised  (the  natural  conditions)  and the techniques  used. It  is  only  fair  to  concede  that  in 

such  cases  mention  of  the  geographical  origin  of  the  product  or  the  processing  procedure  will  give  the 

consumer  objective information  about the  particular qualities conferred  by the product's  origin, always  provided 

that  the  quality  claim  for  the  particular  origin  is  backed  up  by  official  recognition  in  the  form  of  a  protected 

geographical  indication  or  designation  of  origin.  Reference  should  therefore  be  allowed  in  promotional 

operations  to the  origin  of  a  product  or  location  of  a  processing  proceduK? provided  that  recognition  has  been 

obtained under Council  Regulation  (EEC)  No 2081/92  of  14 July  1992 on projection  of geographical  indications 
and designations  of origin for agricultural products and foodstuffs'2'. Amendment is therefore  proposed of Article 
12  of  Regulation  (EC)  No  3699/93  to  widen  the  terms  of  eligibility  to  include  such  cases. 

2.  Launching  aids  for  producer  organizations:  Article  13 of  Regulation  (EC)  No  3699/93  refers  to  Article  7  of 

Council  Regulation  (EEC)  No  3759/92  of  17  December  1992  on  organization  of  the  market  in  fishery  and 
aquaculture  products'3';  a  new  Article  7b  of  the  latter  provides  for  financial  aid  to  producer  organizations 
implementing  a  plan  to  improve  the  quality  and  marketing  of  their  products.  It  is  necessary  therefore  for  the 

sake  of  legal  and  budgetary  consistency  to  mention  this  aid  in Article  13  of  Regulation  (EC)  No  3699/93. 

(,)  Council  Regulation  (EC)  No  3699/93  of  21  December  1993  laying  down  criteria  and  arrangements  regarding  Community  structural 
assistance  In the  fisheries  and aquaculture  sector and for processing  and  marketing  ofits  products  (OJ  L 346, 31.12.1993,  p.  1) last 
amended fay Regulation  (EC)  No  2719/95  of 20  November  1995  (OJ  L 283,  25.11.1995,  p.  3) 

(i>  OJ  L  208,  27.7  1992,  p.  1 

'*'  OJ  L  388,  31  12  1992,  p.  1  Last  amended  by  Regulation  (EC)  No  3318/94  (OJ  L  350,  31  12.1994,  p  15) 

1 

3.  Confirmation of the budgetary  conversion rate for the ecu f  budgetary  ecu"): in the negotiations  leading to 
adoption by the Council of Regulation (EC) No 3699/93 in December  1993 the Commission stated (4) that "the 
budgetary conversion rate ("budgetary ecu") will apply to all future aid financed by the FIFC  under Regulation 
(EEC) No 2080/93*9' and this implementing Regulation [3699/93J' but added that  "however in order to comply 
with  the previous  levels  of  aid made  available by  Regulation  (EEC)  No  4028/86(ei, [it]  would agree  to  the 
request of the Council, which will decide whether this is politically advisable, to increase by  13%  the levels of 
aid ceilings for permanent withdrawals and joint  enterprises". The "Presidency compromise"^ agreed to by the 
Council on conclusion of the negotiations did include a 13% increase in these aid ceilings, the Council in this 
way manifesting its agreement that the agrimonetary ecu rate should not be used for FIFG aid. The provisions 
on use of this rate set by Council Regulation (EEC) No 3813/92 of 28.12.1992 on the  unit of account  and the 
conversion  rates to  be applied for the  purposes  of the  common  agricultural policy'8'  apply  as  a general  rule 
however  to  all  action  under  Article  43  of  the  Treaty  and  hence  to  the  common  fisheries  policy.  For  clarity 
therefore it should be indicated formally that with effect from 1.1.1994 the budgetary  rate for the ecu is the only 
one to be used for the FIFG. 

None of the amendments has any financial implication either for the Community  budget  or for each Member 
State's  allocation for the present Structural Fund programming period. 

Annex:  Proposal for a Council Regulation amending  for the fourth time  Regulation  (EC)  No 3699/93 

w  Coreper report to Council, doc; 11223/93 PECHE 525 of 16.12.1993, Annex Ilia 

w  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  (OJ L 193, 31.7.1993, p. 1) 

m  Council Regulation (EEC) No 4028/86 of 18 December 1986 on Community measures to improve and adapt structures in the fisheries 
and aquaculture sector (OJ 1376,31.12.1986, p. 7), last amended by Regulation (EEC) No 2794/92 (OJ L 282. 26.8.1992. p. 3) and 
repealed with effect from 1 January  1994  by Article 9 of Regulation (EEC)  No 2080/93. 

m  Council document SN 412/93 (PECHE) of 20.12.1993 

m  OJ L 387, 31.12.1992, p.  1. Last amended  by Regulation (EC) No 150/95 (OJ L 22, 31.1.1995, p. 1). 

2 

amending  for the  fourth time  Regulation  (EC)  No  3699/93  laying down  criteria  and  arrangements  regarding 

Community  structural assistance  in the  fisheries and aquaculture  sector and for processing  and marketing of 

Proposal for a  Council Regulation  (EC) 

its  products 

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  Guidance'1',  and 
in  particular  Article  6  thereof, 

Having  regard  to  the  proposal  from  the  Commission'2), 

Having  regard  to  the  opinion  of  the  European  Parliament'3*, 

Having  regard  to  the  opinion  of  the  Economic  and  Social  Committee'4', 

Whereas  Council  Regulation  (EC)  No  3699/93  of  21  December  1993<5),  as  last  amended  by  Regulation  (EC) 
No  [2719/95  of 20  November  1995]'6),  lays  down  criteria  and  arrangements  for  Community  structural  action  in 

the  fisheries  and  aquaculture  sector  and  for  processing  and  marketing  of  its  products; 

Whereas  promotion  of  products  or  forms  of  processing  should  be  encouraged  in  those  cases  where  official 

recognition of origin with reference  to a specified geographical zone is granted  under Council  Regulation  (EEC) 

No  2081/92  of  14  July  1992  on  the  protection  of  geographical  indications  and  designations  of  origin  for 
agricultural products and foodstuffs'7'; whereas the  use of geographical references  can be permitted only if such 

official  recognition  of  origin  has  been  granted; 

Whereas  Article  7b  of  Council  Regulation  (EEC)  No  3759/92  of  17  December  1992  on  common  organization 
of  the  market  in  fishery  and  aquaculture  products'8',  as  last  amended  by  Regulation  (EC)  No  3318/94(9), 
provides  for  financial  aid to  producer  organizations  implementing  a plan to  improve  the quality  and  marketing 

of their products; whereas for legal and budgetary  consistency  Article  13 of Regulation  (EC)  No  3699/93  should 

refer  to  this  aid; 

("  OJ  No  L  193,31.7.1993,  p.  1 

w  OJ  No  C  ... 

lS)  OJ  No  C  ... 

w  OJ  No  C  ... 

'Sl  OJ  No  L  346,  31.12.1993,  p.  1 

m 

[OJ  No  L  283,  25.11.1995,  p.  3]  to  be  replaced  as  soon  as  possible  by  references  to  the  third  amendment 

l7)  OJ  No  L  203,  27.7.1992,  p.  1 

S1  OJ  No  L  383,  31.12.199?,  p  1 

<a>  OJ  No  L  350,  31.12.1994,  p.  15 

Whereas the agrimonetary  rate for the ecu is not  being used for aid from the  FIFG, as may  be implied from 
the  premium scales shown in Annex  IV to  Regulation  (EC)  No 3699/93; whereas  however the  provisions  on 
use  of the  agrimonetary  ecu»of Council  Regulation  (EEC)  No  3813/92  of  28  December  1992  on the  unit  of 
account and the conversion  rates to be applied for the purposes  of the common  agricultural policy'10',  as last 
amended by Regulation (EC) No 150/95'11', apply as a general rule to all action under Article 43 of the Treaty; 
whereas for clarity it should therefore be specified in this Regulation that the  budgetary  rate for the ecu is the 
only  one applicable  for its purposes  from the date  of its  entry  into  force  on  1 January  1994, 

HAS ADOPTED THIS  REGULATION 

Article 1 

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

1)  The following is added to the last paragraph of Article  12: 

"... except  in specific  cases where  official  recognition  of  origin with  reference  to  a specified  geographical 
zone for a product or process is granted under Regulation (EEC) No 2081/92. The reference may  be used 
only  from  the  date  on which  the  name  has  been  entered  on  the  register  provided  for  in  Article  6(3)  of 
Regulation  (EEC)  No 2081/92." 

2)  In the second  paragraph of Article  13 the words "of Article  7" are replaced  by  "of Articles  7 and 7b". 

3)  The following  paragraph is added to Article 16: 

"1a.  Amounts in ecus set by this Regulation shall be converted into national currency at the rate published 
in the Official Journal of the  European Communities, series  C, applicable  on  1 January  of the year 
of the Member  State's  decision to grant the  premium or aid. 

Article 2 

This  Regulation  shall  enter  into  force  on the  third day  following  its  publication  in the  Official  Journal  of  the 
European Communities.  Point  3 of Article  1 shall however  be applicable with  effect  from  1 January  1994. 

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

Done at, 

For the Council 

The President 

<,0,  OJ No L 387, 31.12.1992, p. 1 

<M)  OJ No L22,  31.1.1995, p. 1 

ISSN 0254-1475 

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