Proposal for a Council Regulation (EC) laying down the criteria and arrangements regarding Community structural assistance in the fisheries and aquaculture sector and the processing and marketing of its products (consolidated version)
Date: 1998-01-07
Institutions: European Commission
Subjects: FIFG, Structural Funds, aquaculture, codification of EU law, common fisheries policy

COMMISSION  OF THE EUROPEAN COMMUNITIES 

Brussels, 07.01.1998 
C()M(97)  723  final 

98/0008  (CNS) 

Proposal  for a 

COUNCIL REGULATION (EC) 

laying down the criteria and arrangements regarding Community structural assistance in 
the fisheries and aquaculture sector and the processing and marketing of its products 

^consolidated version^ 

(presented  by the Commission) 

EXPLANATORY  MEMORANDUM 

In  the  context  of  a  people's  Europe,  the  Commission  attaches  great  importance  to 
simplifying  and  clarifying  Community  law  so  as  to  make  it  clearer  and  more  accessible 
to  the  ordinary  citizen,  thus  giving  him  new  opportunities  and  the  chance  to  make  use 
of  the  specific  rights  it  gives  him. 

This  aim  cannot  be  achieved  so  long  as  numerous  provisions  that  have  been  amended 
several  times,  often  quite  substantially,  remain  scattered,  so  that  they  must  be  sought 
partly  in  the  original  instrument  and  partly  in  later  amending  ones.  Considerable  re 
search  work,  comparing  many  different  instruments,  is  thus  needed  to  identify  the 
current  rules. 

For  this  reason  a  consolidation  of  rules  that  have  frequently  been  amended  is  also 
essential  if  Community  law  is  to  be  clear  and  transparent. 

On  1 April  1987  the  Commission  therefore  decided  to  instruct  its  staff  that  all  legis 
lative  measures  should  be  consolidated  after  no  more  than Ten  amendments,  stressing 
that  this was  a  minimum  requirement  and  that  departments  should  endeavour  to  con 
solidate  at  even  shorter  intervals  the  texts  for  which  they  were  responsible,  to  ensure 
that  the  Community  rules  were  clear  and  readily  understandable. 

The  Conclusions  of  the  Presidency  of  the  Edinburgh  European  Council  (December 
1992)  confirmed  this,  stressing  the  importance  of  legislative  consolidation  as  it  offers 
certainty  as  to  the  law  applicable  to  a  given  matter  at  a  given  time. 

It  must  be  undertaken  in  full  compliance  with  the  normal  Community  legislative  pro 
cedure. 

Given  that  no  changes  of  substance  may  be  made  to  the  instruments  affected  by legis 
lative  consolidation.  Parliament,  the  Council  and  the  Commission  have  agreed,  by  an 
interinstitutional  agreement  dated  20  December  1994,  that  an  accelerated  procedure 
may  be  used  for  the  fast-track  adoption  of  codification  instruments. 

The  purpose  of  this  proposal  (l)  for  legislative  consolidation  of  Council  Regulation 
(EC)  No  3699/93  of  21  December  1993,  laying  down  the  criteria  and  arrangements 
regarding  Community  structural  assistance  in  the  fisheries  and  aquaculture  sector  and 
the  processing  and  marketing  of  its  products,  is  to  undertake  official  codification  of 
this  type.  The  new  regulation  will  supersede  the  various  regulations  incorporated  in 
it (2);  their  content  is  fully  preserved,  and  they  are  brought  together  with  onlv  such 
formal  amendments  as  are  required  by  the  codification  exercise  itself. 

This  legislative  consolidation  proposal  was  drawn  up  on  the  basis  of  a  preliminary 
consolidation,  in  all  the  official  languages,  of  Regulation  (EC)  No  3699/93  and  the 
instruments  amending  it,  carried  out  by  the  Office  for  Official  Publications  of  the 
European  Communities,  by  means  of  the  data-processing  system  referred  to  in  the 
conclusions  of  the  European  Council  meeting  at  Edinburgh.  AJthough  the  articles 
have  been  given  new  numbers,  the  old  numbering  has  been  retained  in  the  margin  for 
ease  of  reference;  the  correlation  between  the  old  and  new  numbers  is  shown  in  a 
table  set  out  in  Annex  IV,  Part  A  to  the  consolidated  Regulation. 

(*)  Entered  in  the  legislative  programme  for  1997. 

(2)  See  Annex  IV, Part  B of  this  Proposal. 

PROPOSAL  FOR  A 

COUNCIL  REGULATION  (EC)  No  .J... 

of  ... 

laying  down  the  criteria  and  arrangements  regarding  Community  structural  assistance 
in  the  fisheries  and  aquaculture  sector  and  the  processing  and  marketing  of  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  the  proposal  from  the  Commission, 

Having  regard  to  the  opinion  of  the  European  Parlia 
ment  (!), 

Having  regard  to  the  opinion  of  the  Economic  and  So 
cial  Committee  (2); 

1)  Whereas  Council  Regulation  (EC)  No  3699/93 of  21  De 
cember  1993  laying  down  the  criteria  and  arrangements 
regarding  Community  structural  assistance  in  the  fish 
eries  and  aquaculture  sector  and  the  processing  and  mar 
keting  of  its  products  (3)  has  been  frequently  and  sub 
stantially  amended  (4); whereas  for  reasons  of  clarity  and 
rationality  the  said  Regulation  should  be  codified; 

2)  Whereas  Council  Regulation  (EEC)  No  2052/88  of  24 
June  1988 on  the  tasks  of  the  Structural  Funds  and  their 
effectiveness  and  on  coordination  of  their  activities  be 
tween  themselves  and  with  the  operations  of  the  Euro 
pean  Investment  Bank  and  the  other  existing  financial 
instruments  (5)  and  Council  Regulation 
(EEC)  No 
4253/88  (6)  laying  down  provisions  for  implementing  Re 
gulation  No  2052/88  define  the  general  objectives  and 
tasks  of  the  Structural  Funds  and  the  financial  instru 
ment  for  fisheries  guidance,  their  organization,  the  assist 
ance  methods,  programming  and  general  organization  of 
the  aid  provided  by  the  Funds  and  the  general  financial 
arrangements; 

3699/93 
(adapted) 

(2) 
(3) 

(4) 
(5> 

(6> 

OJ No C.... 
OJ No C.... 
OJNoL346, 31. 12. 1993, p. 1. Regulation as last amended by 
Regulation  (EC) No 25/97(OJ No L 6,10. 1. 1997, p. 7). 
See Annex IV, Part B. 
OJ No L 185,15.7.1988, p. 9. Regulation as last amended by the 
Act of Accession of Austria, Finland and Sweden. 
OJ No L 374, 31.12.1988, p. 1. Regulation as last amended by 
Regulation (EC) No 3193/94 (OJ No L 337,24. 12. 1994, p. 11). 

3 

3)  Whereas  Council  Regulation  (EEC)  No  3760/92  of  20 
December  1992  establishing  a  Community  system  for 
fisheries  and  aquaculture  (')  lays  down  the  objectives 
and  general  rules  of  the  common  policy; whereas  the  de 
velopment  of  the  Community  fishing  fleet  must  in  par 
ticular  be  restricted  according  to  the  decisions  that  the 
Council  is called  to  take  by virtue  of  Article  11; whereas 
it  is for  the  Commission  to  translate  these  decisions  into 
precise  measures  at  the  level  of  each  Member  State; 
whereas,  furthermore,  the  provisions  of  Council  Regula 
tion  (EEC)  No  2847/93  of  12  October  1993  establishing 
a  control  system  applicable  to  the  common  fisheries 
policy (2)  must  be  respected; 

4)  Whereas  Council  Regulation  (EEC)  No  2080/93  of  20 
July  1993  laying  down  provisions  for  implementing  Re 
gulation  (EEC)  No  2052/88  as  regards  the  financial  in 
strument  of  fisheries  guidance  (3),  (FIFG)  defines  the 
specific  tasks  of  Community  structural  aid  measures  in 
the  fisheries  and  aquaculture  sector  and  the  industry 
processing  and  marketing  its  products,  hereinafter  re 
ferred  to  as  'the  sector';  whereas  under  Article  6  the. 
Council  must  decide  on  the  terms  and  conditions  of  the 
contribution  of  the  FIFG  to  adaptation  measures  of  the 
structures  of  the  sector; 

5)  Whereas  the  Council  must  lay  down  detailed  rules  for 
the 
implementation  of  measures  connected  with  the 
modification  of  the  structures  of  the  sector  in  order  to 
ensure  that  FIFG  assistance  achieves  the  objectives  as 
signed  to  the  structural  policy  of  the  sector  within  the 
overall  framework  of  Community  structural  assistance 
and  the  common  fisheries  policy  as  a  whole,  which 
comes  under  the  exclusive  competence  of  the  Commun 
ity,  and  so  that  each  Member  State  is  in  a  position  to 
manage  structural  assistance  in  the  sector;  whereas,  in  so 
far  as  such  assistance  is  not  limited  to  the  granting  of 
Community  aid,  it  is  appropriate  in  particular  to  inte 
grate,  in  a  coherent  manner,  the  programming  of  the  re 
structuring  of  Community  fishing  fleets  in  the  context  of 
structural  assistance  as  a  whole; 

6)  Whereas  promotion  of  products  or  forms  of  processing 
should  be  encouraged  in  those  cases  where  official  rec 
ognition  of  origin  with  reference  to  a  specified  geo 
graphical  zone  is granted  pursuant  to  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  (4);  whereas  the  use 
of  geographical  references  can  be  permitted  only  if  such 
official  recognition  of  origin  has  been  granted; 

3699/93 

3. 

(adapted) 

4. 

2. 

25/97 

t1) 

(2) 

(3) 
(4) 

OJ No L 389, 31.12. 1992, p. 1. Regulation as last amended by 
the Act of Accession of Austria, Finland and Sweden. 
OJ No L 261,20.10.1993, p. 1. Regulation as last amended by 
Regulation (EC) No 686/97 (OJ No L 102, 19. 4. 1997, p. 1). 
OJ No L 193, 31. 7. 1993, p. 1. 
OJ No L 208, 27. 7. 1992,  p. 1. Regulation as last amended by 
Regulation (EC) No 1068/97 (OJ No L 156,13. 6. 1997, p. 10). 

4 

25/97 
(adapted) 

4. 

965/96 
(adapted) 

2719/95 
(adapted) 

(adapted) 

1624/95 
(adapted) 

7)  Whereas  Article  7b  of  Council  Regulation  (EEC)  No 
3759/92  of  17  December  1992  on  the  common  organiz 
ation  of  the  market  in  fishery  and  aquaculture  prod 
ucts (*)  provides  for  financial  aid  to  producer  organiz 
ations  implementing  a  plan  to  improve  the  quality  and 
marketing  of  their  products; whereas  for  reasons  of  legal 
and  budgetary  consistency,  this  Regulation  should  refer 
to  this  aid; 

8)  Whereas  financial  aid  for  FIFG  in  the  case  of  temporary 
cessation  of  activities,  taking  account  of  this  type  of  in 
tervention,  must  remain  an  exceptional  measure;  whereas 
it  is  therefore  advisable  to  set  a  ceiling  on  the  funds 
allocated  to  this  measure,  without  prejudice  to  possible 
recourse,  on  a  case-by-case  basis, 
specific 
measures  referred  to  in  Article  3  of  Regulation  (EEC) 
No  2080/93; 

the 

to 

9)  Whereas  the  fishing  industry  is  now  undergoing  far-
reaching  changes  in  the  context  of  a  serious  crisis; 
whereas  the  necessary  adjustments  to  the  industry  en 
tailed  by  the  application  of  the  common  fisheries  policy 
as  laid  down  in  Regulation  (EEC)  No  3760/92  are  creat 
ing  a  need  for  an  extensive  range  of  accompanying 
measures  of  a  socio-economic  nature; 

10)  Whereas  a 

range  of  socio-economic  accompanying 
measures  to  assist  enterprises  and  individuals  in  the  fish 
ing  industry  as  well  as  areas  dependent  on  fishing  is  al 
ready  available  at  Community  level  in  the  general  con 
text  of  the  Structural  Funds; 

11)  Whereas  these  measures  are  not,  however,  sufficient  to 
prevent  the  fishing  industry  from  losing  dynamic  and 
skilled  members  through  the  reduction  of  fishing  capac 
ity;  whereas  appropriate  measures  should  therefore  be 
implemented  at  Community  level,  in  particular  to  assist 
elderly  fishermen; 

12)  Whereas  the  provisions  of  the  London  Convention  (ITC 
69)  were  extended  to  all  fishing  vessels  by  Council  Re 
gulation  (EEC)  No  2930/86  of  22  September  1986  defin 
ing  characteristics  of  fishing  vessels (2);  whereas  the  im 
plementation  of  the  provisions  of  the  said  Convention 
will  generalize,  by  1 January  2004  at  the  latest,  the  use 
of  gross  tonnage  as  the  unit  of  tonnage  to  all  vessels  of 
the  fishing  fleet  of  the  European  Union; 

(*)  OJ No L 388, 31.12. 1992, p. 1. Regulation as last amended by 
Regulation (EC) No 3318/94 (OJ No L350,31.12.1994, p. 15). 
(2)  OJ No L 274,25.9.1986, p. 1. Regulation amended by Regula 
tion (EC) No 3259/94 (OJ No L 339, 29.12.1994, p. 11). 

1624/95 
(adapted) 

965/96 
(adapted) 

that 

renders  a  fishing  vessel  eligible 

13)  Whereas  there  should  be  provision  for  a  specific  activity 
threshold 
for 
measures  of  permanent  withdrawal  as  regards  fishing 
vessels  registered  in  the  North  Baltic  ports,  having  re 
gard  to  the  special  climatic  conditions  of  the  region 
which  cause  its  water  which  is  only  slightly  salty  to 
freeze  for  a  large  part  of  the  year, 

14)  Whereas  national  and  Community  rules  are  at  the  heart 
of  a strengthening  of  the  conditions  controlling  access  to 
fish  resources,  in  particular  by  the  introduction  of  sys 
tems  of  fishing  licences  and  permits;  whereas  those  new 
restrictions  on  access  are  having  the  effect  of  increasing 
the  value  of  vessels,  in  particular  those  more  than  30 
years  old;  whereas  this  increase  in  value  has  made  with 
drawals  of  those  fishing  vessels  more  difficult  to  guaran 
tee  than  in  the  past; 

15)  Whereas  provision  should  be  made  to  ensure  that  pref 
erence  is  given  to  the  withdrawal  from  the  fleet  of  the 
oldest  of  the  vessels;  whereas  the  premiums  should 
therefore  be  maintained  at  a  sufficiently  high  level  to 
guarantee  the  withdrawal  of  that  category  of  vessels, 

HAS ADOPTED  THIS  REGULATION: 

Article J 

Scope 

3699/93 
(adapted) 

Article 1 

Article 2 

Article 3 

The  financial  instrument  of  fisheries  guidance  (FIFG)  may, 
under  the  conditions  laid  down  in  this  Regulation,  provide 
assistance  for  the  measures  referred  to  in  Titles  II,  III  and 
IV,  within  the  fields  covered  by  the  common 
fisheries 
policy  as  defined  in  Article  1  of  Regulation  (EEC)  No 
3760/92. 

TITLE I 

PROGRAMMING 

Article  2 

General  provisions 

1.  The  measures  referred  to  in  Article  1 of  this  Regula 
tion  shall  be  the  subject  of  a  two-stage  programming  pro 
cedure  under  the  conditions  laid  down  in  Articles  3 and 4. 

2. 
Provision  for  the  restructuring  of  the  Community's 
fishing  fleets  shall  be  made  in  multiannual  guidance  pro 
grammes,  as  referred  to  in  Article  5. 

Article  3 

Sectoral  plans  and  aid  applications 

1.  Each  Member  State  shall  present  to  the  Commission 
in  the  form  of  a  single  programme  document,  hereinafter 
referred  to  as  'the  document*: 

(adapted) 

— 

a  sectoral  plan, 

— 

an  aid  application. 

Each  document  shall  cover  a  period  of  six  years,  the  first 
programming  period  beginning  on  1 January  1994. 

For  the  part  of  the  programme  period  covered  by  a  multi-
annual  guidance  programme  already  approved  by the  Com 
mission  under  Article  5 (2),  the  document  shall  be  drawn 
up  in  accordance  with  paragraph  2  of  this  Article. 

For  the  remainder  of  the  programme  period  not  yet 
covered  by  a  multiannual  guidance  programme  approved 
by  the  Commission,  the  programme  information  given  in 
the  document  shall  be  purely 
it  shall  be 
specified  by  Member  States  when  the  new  multiannual 
guidance  programme  is  approved,  in  accordance  with  its 
objectives. 

indicative; 

The  documents  covering  programme  periods  following  the 
first  period  shall  be  submitted  at  least  six  months  before 
the  start  of  each  period. 

3699/93 

2.  Each  sectoral  plan  may  cover  all  of  the  fields  referred 
to  in  Titles  II,  III  and  IV.  It  shall  contain  all  the  informa 
tion  specified  in  Annex  I.  It  shall  be  drawn  up  in  accord 
ance  with  the  objectives  of  the  common  fisheries  policy 
and  the  provisions  of  the  multiannual  guidance  programme 
referred  to  in  Article  5. 

Aid  applications  shall  be  drawn  up  in  accordance  with 
Article  14  (1)  and  (2)  of  Regulation  (EEC)  No 4253/88. 
They  shall  describe  all  the  measures  that  are  planned  in 
order  to  give  effect  to  common  measures  and  shall  specify 
the  forms  of  assistance  within  the  meaning  of  Article  5 of 
Regulation  (EEC)  No  2052/88. 

3.  The  document  shall  draw  a  distinction  between  in 
formation  relating  to  Objective  1 regions  and  information 
relating  to  other  regions. 

The  information  relating  to  Objective  1  regions  shall  be 
covered  by the  programming  referred  to  in  Article  8 (7)  of 
Regulation  (EEC)  No  2052/88  and  Article  5  (2)  of  Regula 
tion  (EEC)  No  4253/88. 

Article  4 

Community  programmes 

1.  The  Commission  shall  examine  the  sectoral  plans  to 
determine  whether  they  are  consistent  with  the  tasks  of  the 
FIFG  as provided  for  in  Article  1 of  Regulation  (EEC)  No 
2080/93  and  with  the  provisions  and  policies  referred  to  in 
Articles  6  and  7  of  Regulation  (EEC)  No  2052/88. 

Aid  applications  shall  be  examined  in  accordance  with 
Article  14  (3)  and  (4)  of  Regulation  (EEC)  No  4253/88. 

2.  On  the  basis  of  the  document  referred  to  in  Article  3 
of  this  Regulation,  within  six  months  of  receiving  it,  the 
Commission  shall  adopt  a single  decision  on  a  Community 
programme  for  structural  assistance  in  the  sector. 

The  Commission's  decision,  taken  in  accordance  with  the 
procedure  laid  down  in  Article  8 of  Regulation  (EEC)  No 
2080/93,  shall  be  taken  in  the  framework  of  the  partner 
ship  referred  to  in  Article  4  (1)  of  Regulation  (EEC)  No 
2052/88  and 
the  Member  State 
concerned. 

in  agreement  with 

The  Commission's  decision  on  a  Community  programme 
shall  be  communicated  to  the  Member  State  concerned 
and  published 
in  the  Official  Journal  of  the  European 
Communities. 

the  objectives  of  the  common 

3.  Community  programmes  shall  be  drawn  up  in  ac 
cordance  with 
fisheries 
policy  and 
the  provisions  of  the  multiannual  guidance 
programmes  referred  to  in  Article  5.  They  may  in  particu 
lar,  to  this  end,  be  revised  in  the  event  of  major  changes 
and  at  the  end  of  each  programme  period  for  the  re 
structuring  of  the  Community's  fishing  fleets. 

Article  4 

3699/93 

(adapted) 

Article 5 

1624/95  -  Art.  1 (1) 

3699/93 

(adapted) 

Article 6 

Article  5 

Multiannual  guidance  programmes  for  fishing  fleets 

1. 
For  the  purposes  of  this  Regulation,  a  'multiannual 
guidance  programme  for  the  fishing  fleet'  shall  mean  a 
series  of  objectives  accompanied  by  a  set  of  measures  for 
their  realization,  allowing  for  management  of  fishing  effort 
on  a  consistent,  longer-terra  basis. 

2.  On  the  basis  of  multiannual  objectives  and  measures 
for  restructuring  the  fisheries  sector  as  laid  down  by  the 
Council  pursuant  to  Article  11  of  Regulation  (EEC)  No 
3760/92,  the  Commission  shall,  acting  in  accordance  with 
the  procedure  provided  for  in  Article  18  of  Regulation 
(EEC1  No  3760/92. approve  the  multiannual  guidance  pro 
grammes  for  individual  Member  States. 

3.  The  multiannual  guidance  programmes  adopted  for 
the  period  from  1 January  1993  to  31  December  1996,  as 
referred 
to  in  Article  9  (1)  of  Regulation  (EEC)  No 
2080/93,  shall  remain  in  effect  until  they  expire. 

Article  6 

Monitoring  multiannual  guidance  programmes 

1. 
For  the  purpose  of  monitoring  the  implementation  of 
multiannual  guidance  programmes,  Member  States  shall 
transmit  to  the  Commission,  before  1  April  each  year,  a 
document  reviewing  the  progress  made  with  their  multian 
nual  guidance  programme.  Within  three  months  of  this 
deadline  the  Commission  shall  forward  an  annual  report  to 
the  European  Parliament  and  the  Council  on  the  imple 
mentation  of multiannual  guidance programmes  throughout 
the  Community. 

2.  Member  States  shall  transmit 
to  the  Commission 
information  on  the  monitoring  of  fishing  effort  by  fleet 
segment,  particularly  as  regards  the  development  of  capa 
cities  and  the  corresponding  fishing  activities,  in  accord 
ance  with  the  procedures  implemented  by the  Commission. 

3.  To  this  end  the  Commission  shall  operate  a  Com 
munity  register  of  fishing  vessels  designed  for  use  in  man 
aging  fishing  effort. 

4.  The  Commission  shall  adopt  the  rules  relating  to  the 
register  referred  to  in  paragraph  3  in  accordance  with  the 
procedure  laid  down  in Article  18 of  Regulation  (EEC)  No 
3760/92. 

5.  At  the  request  of  the  Member  State  concerned  or  the 
Commission,  or  pursuant  to  provisions  laid  down  in  the 
multiannual  guidance  programmes,  any  multiannual  guid 
ance  programme  which  has  been  approved  may  be  re 
examined  and,  if  necessary,  revised. 

6.  The  Commission  shall  decide  whether  or  not  to  ap 
prove  the  revisions  provided  for  in  paragraph  5  of  this 
Article  in  accordance  with  the  procedure  laid  down  in 
Article  18  of  Regulation  (EEC)  No  3760/92. 

3699/93 

For  the  implementation  of  this  Article,  Member  Sta 
7. 
tes  must  comply  in  particular  with  Article  24 of  Regulation 
(EEC)  No  2847/93. 

TITLE  II 

IMPLEMENTATION  OF MULTIANNUAL GUIDANCE 
PROGRAMMES  FOR  FISHING  FLEETS 

Article  7 

Article  7 

Common  provisions 

1  (adapted) 

1.  At  the  end  of  a  multiannual  guidance  programme, 
where,  with  regard  to  a given  segment  of  a  Member  State's 
fleet,  the  reductions  in  capacity  financed  by  official  aid 
lead  to  overachieveraent  of  the  objectives  for  that  segment, 
the  new  situation  brought  about  solely  as  a  result  of  that 
aid  may  not  be  invoked  to  bring  into  service  new  capacity. 

These  provisions  do  not  apply  in  the  particular  case  of 
small  local  coastal  fishing  fleets  made  up  of  vessels  of 
under  220  kW, for  which  fisheries  quotas  have  not  been  set 
at  Community  level. 

For  such  fleets,  the  Member  State  may  finance,  by  State 
aids  alone  and  within  the  limits  of  the  premiums  and  ceil 
ings  of  the  official  aids  referred  to  in  1.3  and  2.1  of  Annex 
III,  the  capacities  corresponding  to  this  excess. 

2.  Each  year,  for  each  fleet  segment,  Member  States 
shall  ensure  that  aid  for  modernization  and  construction 
does  not  result  in  an  increase  in  fishing  effort. 

Article  8 

Adjustment  of  Fishing  effort 

1.  Member  States  shall  take  measures  to  adjust  fishing 
effort  to  achieve  at  least  the  objectives  of  the  multiannual 
guidance  programmes  referred  to  in  Article  5. 

Where  necessary,  Member  States  shall  take  measures  to 
stop  vessels'  fishing  activities  permanently  or  restrict  them. 

2.  Measures  to  stop  vessels'  fishing  activities  permanent 
ly  may  include: 

10 

Article g 

— 

scrapping, 

3699/93 

—  permanent  transfer  to  a  third  country,  provided  such 
transfer  is  not  likely  to  infringe  international  law  or 
affect  the  conservation  and  management  of  marine 
resources, 

—  permanent  re-assignment  of  the  vessel  in  question  to 

uses  other  than  fishing  in  Community  waters. 

For  vessels  of  less  than  25  gross  registered  tonnes  (GRT) 
or  27  gross  tonnes  (GT)  only  the  scrapping  of  the  vessel 
may  qualify  for  official  aid  within  the  meaning  of  this 
Article. 

Member  States  shall  ensure  that  vessels  concerned  by such 
measures  are  deleted  from  the  registration  lists  for  fishing 
vessels  and  from  the  Community  fishing  vessel  register. 
They  shall  also ensure  that  deleted  vessels  are  permanently 
excluded  from  fishing  in  Community  waters. 

3.  Measures  to  restrict  fishing  activities  may  include 
restrictions  on  fishing  days  or  days  at  sea  authorized  for  a 
specific  period.  Such  measures  may  not  give  rise  to  any 
State  aid. 

1624/95  -  Art.  1 (2) 

Article  9 

Article  9 

Re-orientation  of  fishing  activities  —  temporary  joint 
ventures  and joint  enterprises 

1.  Member  States  may  take  measures  to  promote  the 
re-orientation  of  fishing  activities  by  encouraging  the  crea 
tion  of  temporary  joint  ventures  and/or  joint  enterprises. 

2. 
For  the  purposes  of  this  Regulation  'temporary  joint 
venture'  means  any  association  based  on  a  contractual 
agreement  of  limited  duration  between  Community  ship 
owners  and  physical  or  legal  persons  in  one  or  more  third 
countries  with  which  the  Community  maintains  relations, 
with  the  aim  of jointly  fishing  for  and  exploiting  the  fishery 
resources  of  the  third  country  or  countries  and  sharing  the 
costs,  profits  or  losses  of  the  economic  activity  jointly 
undertaken,  with  a  view  to  the  priority  supply  of  the 
Community  market. 

The  contractual  agreement  shall  provide  for  the  catching 
and,  where  necessary,  the  processing  and/or  marketing  of 
those  species  covered,  the  provision  of  know-how  and/or 
the  transfer  of  technology  where  linked  to  the  said  oper 
ations. 

11 

3699/93 

For  the  purposes  of  this  Regulation  'joint  enterprise' 
3. 
means  any  company  regulated  by  private  law  comprising 
one  or  more  Community  shipowners  and  one  or  more 
partners  in  a  third  country,  constituted  in  the  framework  of 
formal  relations  between  the  Community  and  the  third 
country,  with  the  aim  of  fishing  for  and  possibly  exploiting 
fishery  resources  in  the  waters  under  the  sovereignty  and/ 
or  jurisdiction  of  the  third  country,  with  a  view  to  the 
priority  supply  of  the  Community  market. 

4.  Where  necessary  the  Commission,  acting  in  accord 
ance  with  the  procedure  referred  to  in Article  8 of  Regula 
tion  (EEC)  No  2080/93,  shall  set  conditions  for  imple 
menting  this  Article. 

Article  10 

Article  10 

(adapted) 

Fleet  renewal  and  modernization  of  fishing  vessels 

1.  Member  States  may  take  such  measures  to  promote 
the  construction  of  fishing  vessels  as  comply  with  the 
global  annual  intermediate  objectives  and  the  final  objec 
tives  by  segment  under  their  multiannual  guidance  pro 
gramme  within  the  stated  time  limits. 

Member  States  shall,  when  forwarding  any  pertinent  aid 
proposal,  inform  the  Commission  of  provisions  taken  to 
ensure  that  this  condition  is  complied  with. 

2.  Member  States  may  take  measures  to  promote  the 
modernization  of  fishing  vessels.  Such  measures  shall  be 
subject  to  the  conditions  referred  to  in  paragraph  1 where 
investments  are  likely  to  result  in  an  increase  in  fishing 
effort. 

TITLE  III 

INVESTMENT AID IN THE FIELDS OF AQUACULTURE, THE 
DEVELOPMENT  OF COASTAL WATERS, FISHING  PORT 
FACILITIES AND PROCESSING  AND MARKETING 

Article  11 

Scope 

Article  11 

1.  Member  States  may,  under  the  conditions  specified  in 
Annex  II, take  measures  to encourage  capital  investment  in 
the  following  fields: 

(adapted) 

— 

aquaculture, 

—  protection  and  development  of  marine  resources  in 
coastal  waters,  in  particular  by the  installation  of  fixed 
or  movable  facilities  to  enclose  protected  underwater 
areas, 

—  fishing  port  facilities, 

—  processing  and  marketing  of  fishery  and  aquaculture 

products. 

12 

Article  12 

3699/93 

2. 
In  addition,  Member  States  may  take  measures  to 
encourage  the  devising  and  implementation  of  systems  for 
the  improvement  and  control  of  quality,  hygiene  condi 
tions,  statistical  instruments  and  environmental  impact,  as 
well  as  research  and  training  initiatives  in  enterprises.  The 
relevant  expenditure,  with  the  exception  of  beneficiary 
enterprises'  operating  costs,  may  be  funded 
the 
FIFG,  provided  that  it  is directly  linked  to  the  investments 
referred  to  in  paragraph  1. 

from 

TITLE  IV 

OTHER  MEASURES 

Article  12 

Measures  to  find  and  promote  new  market  outlets 

Member  States  may  take  measures  in  favour  of  finding  and 
promoting  new  market  outlets  for  fishery  and  aquaculture 
products,  in  particular: 

(adapted) 

—  operations  associated  with  quality  certification  and 

product  labelling, 

—  promotion  campaigns,  including  those  highlighting 

quality  issues, 

— 

consumer  surveys, 

—  projects  to  test  consumer  reactions, 

—  organization  of  and  participation  in  trade  fairs  and  ex 

hibitions, 

—  organization  of  study  and  sales  visits, 

—  market  studies,  including  those  relating  to  the  pros 
in  third 

pects  for  marketing  Community  products 
countries,  and  surveys, 

— 

campaigns  improving  marketing  conditions, 

— 

sales  advice  and  aids, services  provided  to  wholesalers 
and  retailers. 

The  above  measures  must  not  be  based  around  commercial 
brands  nor  make  reference  to  particular  countries  or  re 
gions  except  in  specific  cases  where  official  recognition  of 
origin  with  reference  to  a specified  geographical  zone  for  a 
product  or  process 
to  Regulation 
(EEC)  No  2081/92.  The  reference  may  be  used  only  from 
the  date  on  which  the  name  has  been  entered  on  the  regis 
ter  provided  for  in  Article  6  (31  of  Regulation  (EEC)  No 
2081/92. 

is  granted  pursuant 

25/97  -  A rt  1 (1) 

13 

Article  13 

Operations  by  members  of  the  trade 

3699/93 

(adapted) 

Article  13 

Member  States  may  take  measures  to  promote  operations 
carried  out  by  members  of 
themselves  and 
regarded  by  the  competent  authorities  in  the  Member 
State  as  short-term  operations  of  collective 
interest, 
provided  such  operations  serve  to  attain  the  objectives  of 
the  common  fisheries  policy. 

trade 

the 

The  measures  referred  to  in  this  first  subparagraph  include 
in  particular  aid  to  producer  organizations  within 
the 
meaning  of  Articles  7  and  7b  of  Regulation  (EEC)  No 
3759/92. 

25/97  -  Art.  1 (2) 

Article  14 

Temporary  cessation  of  activities 

Member  States  may  take  measures  for 
cessation  of  activities. 

the 

temporary 

FIFG  assistance  may  be  used  only  to  finance  measures 
intended  to  offset  partially  the  loss of  income  suffered  as  a 
result  of  a  temporary  cessation  of  fishing  activities  caused 
by  unforeseen  and  non-repetitive  events  resulting  from 
biological  phenomena  in  particular. 

Article  14 

This  grant  cannot  exceed,  for  each  calendar  year  and  for 
each  Member  State,  ECU  350 000  or  0,85  %  of  the  funds 
foreseen  in  the  financial  plan  for  each  Member  State  for 
the  year  concerned,  whichever  amount  is  the  greater. 

965/96  -  Art.  1 (1) 

Article  15 

2719/95  -  Art.  1 (1) 

Article  14a 

Measures  of  a  socio-economic  nature 

(adapted) 

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 
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. 

take, 

for 

3. 
Financial  assistance  from 
granted  for  the  following  measures: 

the  FIFG  may  only  be 

(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, 

14 

— 

the beneficiaries  can show that  they have worked 
for  at  least  10 years  as  fishermen. 

2719/95 Art. 1  (1) 

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  referred  to in Article  3, the  number  of  benefi 
ciaries  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  perma 
nent  transfer  of vessels  to  a third  country  in the  con 
text  of  the  creation  of  a joint  enterprise,  within  the 
meaning  of Article  9 (3); 

(b)  granting  individual  compensatory  payments  to fisher 

men,  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 acti 
vities, within  the  meaning  of  Article  8  (2), or  perma 
nently  transferring  it to  a third  country  in the  context 
of  the creation  of  a joint enterprise, within  the  mean 
ing of  Article  9 (3). 

Under  no  circumstances  may  any  one  fisherman  accumu 
late  the  benefits  of  the  two measures  referred  to  in points 
(a)  and  (b). 

4.  The  Member  States  shall  adopt  the  necessary  provi 
sions  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  arrange 
ments  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. 

to 

5.  Unless  provisions 
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. 

15 

TITLE  V 

3699/93 

GENERAL  AND  FINANCIAL  PROVISIONS 

Article 16 

Article  15 

Compliance  with  the  conditions  governing  assistance 

(adapted) 

1.  Member  States shall  ensure  that  the  special  conditions 
governing  assistance  listed  in  Annex  II  to  this  Regulation 
are  complied  with. 

2.  When  requesting  payment  of  each  annual  aid  instal 
ment,  Member  States  shall  certify  that  compliance  with  the 
conditions  governing  assistance  set  out  in  this  Regulation 
has  been  verified. 

3.  Where  the  conditions  referred  to  in  paragraph  2  have 
not  been  complied  with,  the  Commission  shall  carry  out  a 
suitable  examination  of  the  circumstances  in the  framework 
of  the  partnership,  in  particular  asking  the  Member  State 
or  the  authorities  appointed  by  it  for  implementation  of 
the  measure  to  submit  their  comments  within  a  given 
period. 

Following  that  examination,  the  Commission  may  suspend, 
reduce  or  cancel  FIFG  assistance  in  the  area  of  assistance 
concerned  as  defined  in  point  1 of  Annex  I  if  the  exami 
nation  confirms  that  the  conditions  referred  to  in  para 
graph  2  have  not  been  complied  with. 

Article  17 

Scales  and  rates  of  assistance 

Article  16 

1.  The  maximum  amounts  of  assistance  payable  under 
this  Regulation  and  the  limits  on  financial  participation 
from  the  Member  States,  beneficiaries  and  the  Community 
are  listed  in  Annex  III. 

(adapted) 

2.  Amounts  in  ecus  set  by  this  Regulation  shall  be  con 
verted  into  national  currency  at  the  rate  published  in  the 
Official  Journal  of  the  European  Communities,  C  series. 

The  conversion  shall  be  made  at  the  rate  applicable  on 
1 January  of  the  year  of  the  Member  State's  decision  to 
grant  the  premium  or  aid. 

25/97  -  Art.  1 (3) 

3.  Within  the  scope  of  this  Regulation,  Member  States 
may  introduce  supplementary  aid  measures  subject 
to 
conditions  or  rules  other  than  those  laid  down  in  this 
Regulation,  or  covering  a  sum  in  excess  of  the  maximum 
amounts  referred  to  in  this  Article,  provided  that  they 
comply  with  Articles  92,  93  and  94  of  the  Treaty. 

3699/93 

From  1  January  2004  only  reference  to  the  GT  unit 

4. 
of  tonnage  shall  be  possible  in  this  Regulation. 

1624/95  -  Art.  1 (3) 

16 

Article  18 

Budget  commitments 

3699/93 

ArticU 

1. 
In  the  case  of  multiannual  operations.  Member  States 
shall  forward  to  the  Commission  each  year  the  information 
required  to  permit  commitment  of  the  annual  instalments 
provided 
(EEC)  No 
4253/88. 

in  Article  20  of  Regulation 

for 

2.  Budgetary  resources  shall  be  committed  in  line  with 
the  implementation  stages  set  out  in  the  decisions  granting 
assistance. 

3.  Detailed  rules  for  the  application  of  this  Article  shall 
be  adopted  by  the  Commission  in  accordance  with  the 
procedure  laid  down  in  Article  8 of  Regulation  (EEC)  No 
2080/93. 

Article  19 

Article  18 

Procedures  for  the  payment  of  assistance 

1. 
Financial  assistance  shall  be  paid  in  accordance  with 
Article  21  of  Regulation  (EEC)  No  4253/88  and  in  line 
with  the  implementation  stages  and  financial  provisions  set 
out  in  the  decision  to  grant  assistance. 

2.  Applications  for  payment  must  be  accompanied  by 
documents  providing  evidence  of  the  progress  made  in 
implementing  the  operation  and  any  payments  made  by 
the  Community  and  national  authorities  to  the  bene 
ficiaries. 

3.  Detailed  rules  for  the  application  of  this  Article  shall 
be  adopted  by  the  Commission  in  accordance  with  the 
procedure  laid  down  in  Article  8 of  Regulation  (EEC)  No 
2080/93. 

Article  20 

Repeal 

Regulation  (EC)  No  3699/93  is  repealed. 

The  references  to  the  above  Regulation  shall  be  construed 
as  references  to  this  Regulation  and  should  be  read  in  ac 
cordance  with  the  correlation  table  set  out  in  Annex  IV, 
Part  A. 

Article  21 

Entry  into  force 

This  Regulation  shall  enter  into  force  on  the  date  of  its 
publication  in  the  Official Journal  of the European  Commu 
nities. 

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

Done  at  Brussels 

For the  Council 

The President 

17 

ANNEX I 

3699/93 

ANNEX I 

INDICATIVE CONTENTS  OF SECTORAL PLANS 

1.  Description  of  current  situation  broken  down  by 

area  of  assistance (*) 

—  Strengths  and  weaknesses. 

—  Summary  of  operations  undertaken  and  impact 

of  funds  used  in  previous  years. 

—  Needs  of  the  sector. 

2. 

Strategy  for  adjustment  of  fishery  structures 

—  General  objectives  under  the  common  fisheries 

policy. 

—  Objectives  specific  to  each  area  of  assistance, 

., 

quantified  if  possible. 

—  Anticipated  impact  (on  employment,  production, 

etc.). 

3.  Means  to  attain  the  objectives 

—  Measures  selected  (legal,  financial  or  other)  in 

each  area  of  assistance. 

— 

Indicative  financing  schedule  covering  the  entire 
programming  period  and  listing  the  national  and 
Community  resources  provided  for  each  area  of 
assistance. 

— 

Indications  of  how  the  FIFG  assistance  is  to  be 
used  (forms  of  assistance,  etc.). 

— 

Justification  for  Community  assistance. 

(*) 

'Area  of  assistance'  means  subsectors  of  the  fishery  sector 
whose  problems can  be grouped  together,  for example: 
—  adjustment  of  fishing  effort, 
—  renewal  and  modernization  of  the  fishing  fleet, 
—  aquaculture, 
—  enclosed  seawater  areas, 
—  fishing  port  facilities, 
—  product  processing  and  marketing, 
—  product  promotion. 

18 

ANNEX  II 

3699/93 

ANNEX  III 

SPECIAL  CONDITIONS  AND  CRITERIA  FOR 
ASSISTANCE 

1. 

Implementation 
grammes  (Title  II) 

of  multiannual 

1.1.  Permanent  withdrawal  (Article  8  (2)) 

guidance 

pro 

(adapted) 

1624/95  -  Art.  1 (4) 

1624/95  -  Art.  1 (5) 

(a)  Permanent  withdrawal  may  concern  only  vessels 
which  have  carried  out  a  fishing  activity  for  at 
least  75  days  at  sea  in  each  of  the  two  periods  of 
12 months  preceding  the  date  of  request  for  per 
manent  withdrawal  or,  as  the  case  may  be,  a 
fishing  activity  for  at  least  80  %  of  the  number 
of  days  at  sea  permitted  by  current  national  re 
gulations.  In  the  Baltic  Sea  the  number  of  seven 
ty  five  davs  shall  be  reduced  to  sixty  davs  for 
vessels  registered  in ports, situated  north  of  paral 
lel  59°  30-  N. 

(b)  Operations  may  concern  only  vessels  more  than 

10 years  old. 

1.2.  Temporary  joint  ventures  and  joint  enterprises  (Ar 

ticle  9) 

(a)  Operations  must  satisfy  the  following  conditions: 

— 

— 

— 

they  must  involve  vessels  of  more  than  25 
GRT  or  27  gross  tonnes  (GT).  registered  in 
a  Community  port,  operating  for  more  than 
five  years  under  the  flag  of  a  Community 
Member  State  and  technically  suited  to  the 
proposed 
fishing  operations;  however,  a 
minimum  operating  period  of  five  years will 
not  be  required  of  vessels  registered  in  a 
Community  port  between  1  January  1989 
and  31  December  1990, 

the  vessels  in  question  must  fly  the  flag  of  a 
Member  State  throughout  the  duration  of 
the  temporary  joint  venture,  which  must 
consist  of  fishing  activities  lasting  between 
six  months  and  one  year, 

in  the  case  of  the  founding  of  a joint  enter 
prise,  they  must  be  accompanied  by the  per 
manent  transfer  of  the  vessels  to  the  third 
country  concerned  with  no  possibility  of  a 
return  to  Community  waters. 

19 

3699/93 

(b)  The  financial  assistance  given  to  joint  enterprise 
projects  may  not  be  added  to  other  Community 
aid  granted  under  this  Regulation  or  Regulations 
(EEC)  No  2908/83 (^  or  (EEC)  No  4028/86. 
The  assistance  granted  is  to  be  reduced  pro  rata 
temporis  by  the  amount  previously  received  in 
the  following  cases: 

— 

— 

aid  for  construction  during  the  10 years  pre 
ceding  the  setting-up  of  the  joint  enterprise, 

aid  for  the  modernization  and/or  allowance 
for  a  temporary  joint  venture  during  the 
five  years  preceding  the  setting-up  of  the 
joint  enterprise. 

1.3.  Vessel construction  (Article  10) 

(a)  Vessels  must  be  built  to  comply  with  the  regula 
tions  and  directives  governing  hygiene  and  safety 
and  the  Community  provisions  concerning  the  di 
mension  of  vessels.  They  shall  be  entered  in  the 
appropriate  segment  of  the  Community  register. 

(b)  Financial  assistance  shall  be  granted  by  way  of 
priority  to  those  vessels  using  the  most  selective 
fishing  gear  and  methods. 

1.4.  Vessel  modernization  (Article  10) 

(a) 

Investments  should  relate  to: 

— 

— 

— 

— 

the  rationalization  of  fishing  operations,  in 
particular  by  the  use  of  more  selective  fish 
ing  gear  and  methods,  and/or 

improvement  of 
the  quality  of  products 
caught  and  preserved  on  board,  the  use  of 
better  fishing  and  preserving  techniques  and 
the  implementation  of  legal  and  regulatory 
provisions  regarding  health,  and/or 

improvement  of  working  conditions  and 
safety,  and/or 

equipment  on  board  vessels  to  monitor  fish 
ing  activities. 

(b)  Operations  may  cover  only  vessels  less  than  30 
years  old.  This  limit  shall  not  apply  where  invest 
ment  relates  to  the  improvement  of  working 
conditions  and  safety  and/or  equipment  on  board 
vessels  to  monitor  fishing  activities. 

f1)  Council  Regulation  (EEC)  No  2908/83  of  4 October  1983 

(OJ  No L 290, 22. 10. 1983, p.  1). 

20 

Investment  in  the  areas  referred  to  in  Title  III 

3699/93 

2.0.  General 

(a) 

Investments  must: 

— 

contribute  to  lasting  economic  benefits  from 
the  structural  improvement  in  question, 

—  offer  an  adequate  guarantee  of  technical 
and  economic  viability, 
in  particular  by 
avoiding  the  risk  of  creating  surplus  produc 
tion  capacity. 

In  all  the  spheres  referred  to  in  Title  III,  physi 
cal  investment  intended  to  improve  conditions  of 
hygiene  or  human  or  animal  health,  to  improve 
product  quality  or  reduce  pollution  of  the  envi 
ronment  shall  be  eligible. 

Investment  in  the  purchase  of  land,  coverage  of 
general  expenses  beyond  12  %  of  costs  and  ve 
hicles  for  passenger  transport  shall  not  be  eligi 
ble. 

(b) 

(c) 

2.1.  Aquaculture 

Measures  may  involve  physical  investments: 

(a) 

in  the  construction,  equipping,  expansion  and 
modernization  of  aquaculture  installations,  such 
as: 

— 

the  construction,  modernization  and  acquisi 
tion  of  buildings, 

—  works  concerning  the  development  or  im 
provement  of  water  circulation  in  aquacul 
ture  enterprises, 

— 

the  acquisition  and  installation  of  new  plant 
and  machinery 
for 
aquaculture  production, 
including  service 
vessels  and  equipment  concerned  with  data 
processing  and  data  transmission; 

intended  exclusively 

(b)  concerning  projects  intended  to  demonstrate,  on 
a  scale  approaching  that of  normal  productive  in 
vestments,  the  technical  and  economic viability  of 
farming  species  not  yet commercially  exploited  in 
the  aquaculture  sector  or  innovative 
farming 
techniques,  provided  that  they  are  based  on  suc 
cessful  research  work. 

2.2.  Development  of  coastal waters 

Investments  should  meet  the  following  conditions: 

(a) 

they  must  include  scientific  monitoring  of  the 
operation  for  at  least  five  years,  in  particular  the 
evaluation  and  momtoring  of  the  development  of 
marine  resources  in  the  waters  concerned; 

21 

(b) 

they  must  be  carried  out  by  public  institutions, 
recognized  producer  organizations  or  bodies  de 
signated  for  that  purpose  by  the  competent  au 
thorities  of  the  Member  State  concerned. 

3699/93 

2.3.  Fishing port  facilities 

(a)  Eligible  investments  shall  relate  in  particular  to 

installations  and  equipment: 

— 

— 

— 

to  improve  the  conditions  under  which  fish 
ery  products  are  landed,  handled  and  stored 
in  ports, 

to  support  fishing  vessel  activities  (provision 
of  fuel,  ice  and  water,  maintenance  and  re 
pair  of  vessels), 

to  improve  jetties  with  a  view  to  improving 
safety  during 
loading  of 
products. 

landing  or 

the 

(b)  Priority  is  to  be  given  to  investments: 

—  of  interest  to  all  fishermen  using  a  port, 

— 

contributing  to  the  general  development  of 
the  port  and  to  the  improvement  of  services 
offered  to  fishermen. 

2.4. Processing  and  marketing 

(a)  Eligible  investments  shall  relate  in  particular  to: 

— 

— 

the  construction  and  acquisition  of  buildings 
and  installations, 

the  acquisition  of  new equipment  and  instal 
lations  needed  for  the  processing  and  mar 
keting  of  fishery  and  aquaculture  products 
between  the  time  of  landing  and  the  end-
product  stage  (including  in  particular  data-
processing  and  data-transmission  equip 
ment), 

— 

the  application  of  new 
in 
tended  in particular  to  improve  competitive 
ness  and  increase  value  added. 

technologies 

(b) 

Investments  shall  not  be  eligible  for  assistance 
where  they  concern: 

— 

fishery  and  aquaculture  products  intended 
to  be  used  and  processed  for  purposes  other 
than  human  consumption,  with  the  excep 
tion  of  investments  exclusively  for  the  hand 
ling,  processing  and  marketing  of  fishery 
and  aquaculture  product  wastes, 

— 

the  retail  trade. 

22 

Promotion  (Article 12) 

3699/93 

(a)  Eligible  expenditure  shall  cover  in  particular: 

—  expenditure  by  advertising  agencies  and  other 
providers  of  services  involved  in the  preparation 
and  implementation  of promotion  campaigns, 

— 

the purchase or hire of advertising space  and the 
creation  of slogans and labels for the duration of 
promotion  campaigns, 

—  expenditure  on  publishing,  external  staff,  prem 
ises and vehicles  required  for  the campaigns. 

(b)  Priority  is to be given to: 

—  campaigns  to  encourage  the  sale  of  surplus 

or  underexploited  species, 

—  campaigns  of a collective  nature, 

—  operations  to  develop  a  quality  policy  for 

fishery and  aquaculture  products. 

(c)  The  beneficiary's  operating  costs  (staff,  equip 
ment, vehicles, etc.) shall  not be eligible. 

23 

ANNEX  111 

SCALES  AND  RATES  OF  ASSISTANCE 

3699/93 

(adapted) 

ANNEX  IV 

1. 

Scales  of  assistance 
(Title  II) 

relating 

to 

fishing 

fleets 

1624/95  -  Art.  1 (6) 

1.1.  Permanent  withdrawal  and  joint  enterprises  (Articles 

(adapted) 

8 (2)  and  9  (3);  Annex  II,  1.1  and  1.2) 

TABLE  1 

Class of vessel by gross 
registered tonnage (GRT) 

0  <  25 

25  <  50 

50  <  100 

100  <  400 

400  and  over 

Maximum amount of 
premium for a 15-year-old 
vessel (in ecus) 

6 215/GRT 

5 085/GRT  +  28 250 

4 520/GRT  +  56 500 

2 260/GRT  +  282 500 

1  130/GRT  +  734 500 

TABLE  2  (•) 

Class of vessel (GT) 

0,2  < 

10 

10  <  25 

25  <  100 

100  <  300 

300  <  500 

500  and  over 

Maximum amount of 
premium for a 15-year-old 
vessel (in ecus) 

8  130/GT  + 

1 200 

4  100/GT  +  41 500 

3 520/GT  +  56 000 

2 348/GT  +  173 200 

1 912/GT  +  304 000 

1 045/GT  +  737 500 

(a)  The  premiums  for  scrapping  of  a  vessel  for  set 
ting  up  joint  enterprises  paid  to  beneficiaries 
may  not  exceed  the  following  amounts: 

—  15-year-old  vessels:  see  Tables  1  and  2 

above, 

—  vessels  less  than  15  years  old:  scale  from 
Tables  1 and  2  increased  by  1,5  %  per  year 
less  than  15, 

—  vessels  more  than  15  years  old:  scale  from 
Tables  1 and  2  decreased  by  1,5  %  per  year 
over  15  and  up  to  30  years  old,  the  age  be 
yond  which  premiums  are  limited  to  the 
amount  for  vessels  30  years  old. 

(*)  Vessels  longer  than  24 metres between perpendiculars  may 

only benefit  from  the  premiums  in Table 2 or 4. 

24 

965/96  -  Art.  1 (2) 

(b)  Premiums  for  the  permanent  transfer  of  a  vessel 
to  a  third  country  or  for  permanent  re-assign 
ment,  in  Community  waters,  to  uses  other  than 
fishing  paid  to  beneficiaries,  may  not  exceed  the 
maximum  amounts  for  the  scrapping  premiums 
referred  to  in  (a)  above,  less  50  %. 

1624/95  -  Art.  1 (6) 

1.2  Temporary cessation  of fishing  activities  and  temporary 
joint  ventures (Articles  14  and  9  (2));  Annex  II,  1.2) 

(adapted) 

The  laying-up  premiums  (for 
temporary  cessation) 
and  cooperation  premiums  (for  temporary  joint  ven 
tures)  paid  to  beneficiaries  may  not  exceed  the  scales 
set  out  in  Tables  3  and  4  below. 

TABLE  3 

Class of vessel by gross 
registered tonnage (GRT) 

0  < 

25  < 

25 
50 
70 
50  < 
100 
70 < 
200 
100 < 
300 
200 < 
500 
300 < 
500 <  1000 
1 000 <  1 500 
1500 < 2 000 
2 000 < 2 500 
2 500 and over 

Maximum amount of 
premium per vessel 
(ecu/day) 

4,52/GRT  + 

4,30/GRT  + 

3,50/GRT  + 

3,12/GRT  + 

2,74/GRT  + 

2,36/GRT  + 

2,05/GRT  + 

1,76/GRT  + 

1,50/GRT  + 

1,34/GRT  + 

1,23/GRT  + 

20 

25 

65 

88 

120 

177 

254 

372 

565 

764 

956 

1,15/GRT  + 

1137 

TABLE 4 {* 

Class of vessel (GT) 

Maximum amount of 
premium per vessel per day 
for a vessel (in ecus) 

0  < 

10  < 

25  < 

50  < 

100  < 

250  < 

10 

25 

50 

100 

250 

500 

500  <  1  500 

1500  <  2 500 

2 500  and  over 

5.2 /GT + 
20 
4.3 /GT + 
30 
3,2 /GT + 
55 
2,5 /GT + 
90 
2.0 /GT + 
140 
1,5 /GT + 
265 
1.1 /GT + 
465 
765 
0,9 /GT + 
0,67/GT + 1 340 

(*)  Vessels longer  than  24 metres between perpendiculars  may 

only benefit  from  the premiums  in Table 2 or 4. 

25 

1624/95  -  Art.  1 (6) 
(adapted) 

1.3.  Construction  aid  (Article  10;  Annex  II,  1.3) 

The  eligible  expenditure  for  aid  for  the  construction 
of  fishing  vessels  may  not  exceed  the  scales  in  Tables 
1  and  2  above,  increased  by  37,5 %.  However,  for 
vessels  with  a  steel  or  glass  fibre  hull,  the  coefficient 
of  increase  is  92,5  %. 

1.4.  Modernization  aid  (Article  10;  Annex  II,  1.4) 

The  eligible  expenditure  for  aid  for  the  modernization 
of  fishing  vessels  may  not  exceed  50 %  of  the  eligible 
costs  for  construction  aid  referred  to  in  1.3  above. 

2.  Participation  rates 

3699/93 

For  all  the  operations  referred  to  in  Titles  II,  III  and 
IV,  the  restrictions  on  Community  participation  (A), 
total  State  participation  (national,  regional  and  oth 
ers)  by  the  Member  State  concerned  (B)  and,  where 
applicable,  participation  by  private  beneficiaries  (C) 
shall  be  subject  to  the  following  conditions,  expressed 
as  a  percentage  of  eligible  costs: 

2.1.  Investments  in enterprises 

Group  1:  construction  and  modernization  of  vessels, 

aquaculture; 

Group  2:  other  investments  and  measures  with  fi 
nancial  participation  by  private  beneficia 
ries. 

Objective  1 
regions 

TABLE 5 

Group 1 

Group 2 

A  <  50 % 

A  <  50 % 

B  > 

5 % 

B  > 

5 % 

C  >  40 % 

C  >  25 % 

Other  regions 

A  <  30 % 

A  <  30 % 

B  > 

5 % 

B  > 

5 % 

C  >  60 % 

C  >  50 % 

2.2. 

Other measures: scrapping  premiums,  temporary  cessa 
tion  premiums,  temporary  joint  ventures,  joint  enter 
prises  and  investments  and  measures  financed  exclu 
sively  by the  Community  and  the  national,  regional  or 
other  authorities  of  the  Member  States  concerned,  in 
cluding  the  measures  referred  to  in  Article  15  (3). 

2719/95  -  Art.  1 (2) 

26 

TABLE 6 

3699/93 
(adapted) 

Objective  1  regions 

50 %  <  A  <  75 % 

B  >  25 % 

Other  regions 

25 %  <  A  <  50 % 

B  >  50 % 

27 

ANNEX  IV 

Part A 

CORRELATION  TABLE 

Regulation  3699/93 

Present  Regulation 

Article 1 

Article 2 

Article 1 

Article 2 

Article 3 (1), 1st to 4th  subparagraphs 

Article 3 (1),  1ST to 4th subparagraphs 

Article 3 (1), 5th subparagraph  (up to  semi-colon) 

Article 3(1), 5th subparagraph  (after  semi-colon) 

Article 3 (1), 5th  subparagraph 

Article 4 

Article  5(1) 

Article 5 (2) 

Article 5 (3) 

Article 5 (4) 

Article 6 

Article 7 

Article 8 

Article 9 

Article  10(1) 

Article  10 (2),  1st subparagraph 

Article  10 (2), 2nd  subparagraph 

Article  11 

Article  12 

Article  13 

Article  14 

Article  14a 

Article  15 

Article  16(1) 

Article  16 (1) a 

Article  16 (2) 

Article  16 (3) 

Article  17 

Article  18 

Annex I 

Annex II 

Annex III 

Article 4 

Article  5(1) 

Article 5 (2) 

Article 5 (3) 

Article 6 

Article 7 

Article 8 

Article 9 

Article  10(1) 

Article  10 (2) 

Article  11 

Article  12 

Article  13 

Article  14 

Article  15 

Article  16 

Article  17(1) 

Article  17 (2) 

Article  17 (3) 

Article  17 (4) 

Article  18 

Article  19 

Article 20 

Article  21 

Annex I 

Annex II 

28 

Regulation  3699/93 

Present  Regulation 

Annex IV,  1 

Annex IV, 1.1 Table 1 

Annex IV, 1.1 Table  la 

Annex IV, 1.1 (a) and (b) 

Annex IV, 1.2 Table 2 

Annex IV, 1.2 Table 2a 

Annex IV, 1.3 and 1.4 

Annex IV, 2 

Annex IV, 2.1 Table 3 

Annex IV, 2.1 Table 4 

Annex III, 1 

AnnexIII, 1.1 Table 1 

Annex III, 1.1 Table 2 

AnnexIII, 1.1  (a) and (b) 

AnnexIII, 1.2Table 3 

AnnexIII, 1.2 Table 4 

Annex III, 1.3 and  1.4 

Annex III, 2 

AnnexIII, 2.1 Table 5 

Annex III, 2.1 Table 6 

Annex IV 

29 

Part  B 

Regulations  amending  Regulation  (EEC)  No 3699/93 

Council  Regulation  (EC)  No  1624/95 of  29 June  1995 

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

Council  Regulation  (EC)  No  965/96 of  28 May 1996 

Council  Regulation  (EC)  No 25/97 of  20 December  1996 

Official  Journal 

No 

page 

date 

L 155 

L283 

L 131 

L 6 

1 

3 

1 

7 

6. 7.1995 

25.11.1995 

1. 6.1996 

10.1.1997 

30 

ISSN 0254-1475 

COM(97) 723  final 

DOCUMENTS 

EN 

03  04  10 

Catalogue  number  :  CB-CO-97-744-EN-C 

ISBN  92-78-29822-0 

Office  for  Official  Publications of the European  Communities 

L-2985  Luxembourg