Proposal for a COUNCIL REGULATION (EC) setting up a specific measure in favour of cephalopod producers permanently based in the Canary Islands
Date: 1996-10-28
Institutions: European Commission
Subjects: Canary Islands, EAGGF Guarantee Section, EU law, mollusc, production aid

COMMISSION OF THE EUROPEAN  COMMUNITIES 

Brussels,  28.10.1996 
COM(96) 528 final 

96/0254  (CNS) 

Proposal  for  a 

COUNCIL  REGULATION  (EO 

setting up a specific measure in favour of cephalopod producers 

permanently based in the Canary Islands 

(presented  by the Commission) 

Explanatory  Memorandum 

The  Council  adopted  legislation  on  the  application  of  Community  law  in  the  Canary 
Islands  [Regulation  (EEC) No  1911/91] on 26 June  1991. It also  adopted  a programme 
of options for dealing specifically  with the remoteness and island character of the Canary 
Islands  called  Poseican  (Decision  91/314/EEC). 

Following on from the Council's Poseican Decision, which includes specific  measures in 
the fisheries  sector, it was thought  opportune to implement a scheme in  1993-95 to help 
maintain  the  competitiveness  and  generally  improve  the  cephalopod  fishery  in  the 
Canaries  (Regulation  (EEC) No  1658/93). 

Since there has been no significant change in the general economic background conditions 
which led to this specific  measure in the first place, it is proposed that it be extended  for 
a  further  two years. 

The  attached  proposed  Regulation  is designed  to do this. 

À. 

proposal for 

COUNCIL REGULATION (EEC) No 

setting up a specific measure in favour of cephalopod producers 

permanently based in the Canary Islands 

THE 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(}, 

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  (EEC)  No  1911/91  of  26 June  1991  on  the  application  of  the  provisions  of 
Community  law  to  the  Canary  Islands(4)  provides  that  the  common  fisheries  policy  applies  to  the  Canary 

Islands  and that  application  will  be  accompanied  by  specific  measures,  where  necessary,  to take  account of 

the specific  nature of Canary Islands production; 

Whereas  Council  Regulation  (EEC) No  1658/93 of 24 June  1993 setting up a specific  measure  in favour  of 
cephalopod  producers  permanently  based  in  the  Canary  Islands(5)  has  made  it  possible  to  maintain 

competitiveness  and improve the production system in the region; 

Whereas the economic environment of the sector is unchanged,  in particular the difficulty  of disposing of the 

region's  cephalopod  production  on competitive  terms;  whereas  the arrangements  introduced  in  1993 should 

therefore  be continued;  whereas, however,  the measure should be limited to defined  quantities  and amounts; 

whereas,  because  of  the  uncertainties  surrounding  the  conditions  of  competition  affecting  these  producers, 

)D 

)2) 

)3)P 

H) 

)5) 

OJ 

OJ 

OJ 

OJ No L  171,29.6.1991,  p.l. 
OJ No L  158, 30.6.1993, p.9. 

<£ 

provision  should  be  made  for  the  possibility  of  reducing  the  duration  and  amount  of  the  aid  while  at  the 

same time limiting the duration of the specific  measure; 

Whereas  detailed  rules  for  applying  this  Regulation  must be  adopted  in accordance  with the  procedure  laid 

down  in  Article  32  of  Council  Regulation  (EEC)  No  3759/92  of  17  December  1992  on  the  common 

organisation  of  the  market  in  fishery  and  aquaculture  products(6),  as  last  amended  by  Regulation  (EC)  No 

3318/94(7), 

HAS ADOPTED  THIS REGULATION  : 

Article 1 

1. 

For  a  transitional  period  annual  aid  shall  be  granted  to  cephalopod  producers  permanently  based  in 

the Canary Islands. 

2. 

The  aid  referred  to  in  paragraph  1  is  hereby  set  at  ECU  108  per  tonne  for  a  maximum  of  30  000 

tonnes per year and may not exceed an amount equivalent to 2,5% of the annual production value. 

3. 

The  transitional  period  during  which  the  aid  provided  for  in  paragraph  1  applies  shall  begin  on  1 

January  1996 and terminate on 31  December  1997. 

The duration and amount of the aid may be reduced in accordance with the procedure referred  to in Article  2 

if the factors  on which the grant of the aid referred to in paragraph  1 is based are changed. 

Atticle_2 

Detaled  rules  for  applying  Article  1  shall  be  adopted  in  accordance  with  the  procedure  laid  down 

in 

Article  32 of  Regulation (EEC) No  3759/92. 

W 
) 7) 

OJ No L 388, 31.1.1992, p.l. 

OJ No L 350,31.12.1994, p.15. 

3 

Article 3 

The  specific  measure provided  for  in this Regulation shall be deemed intervention intended to stabilize the 

agricultural  markets  within  the  meaning  of  Article 3  of  Council  Regulation  (EEC)  No  729/70  of 
21 April  1970 on the financing  of the common agricultural policy(8).  It shall be financed  by  the Guarantee 

Section of the European Agricultural Guidance and Guarantee Fund. 

Article 4 

This Regulation  shall  enter  into force  on the day of  its publication in the Official  Journal  of  the European 

Communities. 

It shall apply from 1 January  1996. 

j 

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

Done at Brussels, 

For the Council 

(8) 

OJ No L 94,28.4.1970, p. 13 

4 

FINANCIAL STATEMENT 

1 BUDGET HEADING : B  1 - 262 

APPROPRIATIONS: 

2. TITLE  Proposa] for a Council Regulation setting up specific measures to aid cephalopod producers permanently based in the Canary Islands 

3.  LEGAL BASIS :Article 43 of the Treaty 

4. AIMS : To maintain copetitiveness and porpote the improvement of the production cycle of the caphalopod fishing in the Canary Islands 

5. FINANCIAL CONSEQUENCE 

1996 

1997 

5.0.  EXPENDITURE 

-  CHARGED TO EC BUDGET 

(RESTITUTION/INTERVENTION) 

-  CHARGED TO NATIONAL AUTHORITIES 

-  CHARGED TO OTHER NATIONALSECTORS 

5.1  RECEIPTS 

- OWN RESOURCES OF THE EC 
(LEVIES/CUSTOMS DUTIES) 
- NATIONAL ADMINISTRATION 

3,24 Mio Ecus 

3,24  Mio Ecus 

1997 

1998 

199 

199 

5.0.1. ESTIMATED EXPENDITURE 

3,24 Mio Ecus 

3,24 Mio Ecus 

5.1.1. ESTIMATED REVENUE 

5.2.  METHOD OF CALCULATION :  The maximum cost of the scheme is put at ECU  108/tonne x 30 0001 =  ECU 3 240 000, with a 

ceiling put at 2.5% of the annual value of production. 

6.0. FINANCING POSSIBLE WITH CREDITS INSCRIBED IN RELEVANT CHAPTER OF CURRENT BUDGET 

6.1. FINANCING POSSIBLE BY TRANSFER BETWEEN CHAPTERS OF CURRENT BUDGET 

6.2. NECESSITY FOR A SUPPLEMENTARY  BUDGET: 97 

6.3. CREDITS TO BE WRITTEN INTO FURTURE BUDGETS: 98 

YES 

NO 

YES 

YES 

COMMENTS :. Budget provision in the form of a  'p.m.'  in Article Bl-262. Continuation of an existing scheme. Appropriations to 

come from  B1 -261 and/or B1 -2621 

5~ 

ISSN 0254-147! 

COM(96) 528  final 

DOCUMENTS 

EN 

03  13 

Catalogue number* :  CB-CO-96-533-EN-C 

ISBN 92-78-10576-7 

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