Proposal for a Council Regulation (EC) laying down the detailed rules and arrangements regarding community structural assistance in the fisheries sector
Date: 1998-12-14
Institutions: European Commission
Subjects: EAGGF Guarantee Section, FIFG, State aid, Structural Funds, fishing fleet

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EN

Official  Journal  of  the  European  Communities

21.1.1999

II

(Preparatory  Acts)

COMMISSION

Proposal  for  a  Council  Regulation  (EC)  laying  down  the  detailed  rules  and  arrangements
regarding  Community  structural  assistance  in  the  fisheries  sector

(1999/C  16/11)

(Text  with  EEA  relevance)

COM(1998)  728  final  -  98/0347(CNS)

(Submitted  by  the  Commission  on  16  December  1998)

THE  COUNCIL  OF  THE  EUROPEAN  UNION,

Having  regard  to  the  Treaty  establishing  the  European
Community,  and  in  particular  Articles  42  and  43  thereof,

Having  regard  to  the  proposal  from  the  Commission,

Having 
Parliament,

regard 

to 

the  opinion  of 

the  European

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

(1)(cid:217)Whereas  Council  Regulation  (EC)  No  .(cid:216).(cid:216).  laying
down  general  provisions  on  the  Structural  Funds
defines  the  general  objectives  and  tasks  of  the
Structural  Funds  and  the  financial  instrument  for
"FIFG’,
fisheries  guidance,  hereinafter  called  the 
their  organisation, 
the
programming  and  general  organisation  of  the  aid
provided  by  the  Funds  and  the  general  financial
arrangements;

the  assistance  methods, 

to 

the  restructuring  of 

contributes 
the  sector,
alongside  the  assistance  from  the  Structural  Funds;
whereas  the  Council  must  lay  down  detailed  rules
for  the  use  of  this  financial 
instrument,  having
regard,  in  particular,  to  Council  Regulation  (EC)
No  .(cid:216).(cid:216).  on  the  financing  of  the  common  agricultural
policy;

(3)(cid:217)Whereas  Council  Regulation  (EEC)  No  3760/92  of
20  December  1992  establishing  a  Community
system  for  fisheries  and  aquaculture(cid:216)(˛)  lays  down
the  objectives  and  general  rules  of  the  common
fisheries  policy;  whereas  the  development  of  the
in  particular  be
Community  fishing  fleet  must 
regulated  according 
the
Council  is  called  upon  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,  Council
Regulation  (EEC)  No  2847/93  of  12  October  1993
the
establishing  a  control  system  applicable 
common  fisheries  policy(cid:216)(ˇ)  must  be  complied  with;

the  decisions 

that 

to 

to 

(2)(cid:217)Whereas  the  Guarantee  Section  of  the  European
Agricultural  Guidance  and  Guarantee  Fund,  here(cid:220)
inafter  called  the  "EAGGF  Guarantee  Section’,  also

(˛)(cid:217)OJ  L  389,  31.12.1992,  p.  1.  Regulation  last  amended  by
Regulation  (EC)  No  1181/98  (OJ  L  164,  9.6.1998,  p.  1).
(ˇ)(cid:217)OJ  L  261,  20.10.1993,  p.  1.  Regulation  last  amended  by
Regulation  (EC)  No  686/97  (OJ  L  102,  19.4.1997,  p.  1).

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(4)(cid:217)Whereas  Council  Regulation  (EC)  No 

sector 

.(cid:216).(cid:216).  [on
structural  measures  in  the  fisheries  sector(cid:129)  defines
the  specific  purpose  of  structural  measures  in  the
including 
fisheries  and  aquaculture 
the
its  products,
industry  processing  and  marketing 
hereinafter  called 
sector’;  whereas  under
Article  5  the  Council  must  decide,  no  later  than  .(cid:216).(cid:216).,
on  the  terms  and  conditions  of  the  contribution  of
the  FIFG  and  EAGGF  Guarantee  Section  to  the
restructuring  of  the  sector  in  order  to  ensure  that
this  restructuring  achieves  its  intended  objectives;

"the 

(5)(cid:217)Whereas 

provisions 
the 
programming  should  be  fixed;

concerning 

the

(6)(cid:217)Whereas  the  multiannual  guidance  programmes  for
the  fishing  fleets  for  the  period  from  1  January
1997  to  31  December  2001  are  to  remain  in  force
until  they  expire;  whereas  appropriate  provisions
should  be  laid  down  for  the  period  commencing  on
1  January  2002;

(7)(cid:217)Whereas  the  provisions  for  the  monitoring  and
implementation  of 
guidance
in  particular
programmes 
concerning  the  mechanism  of  fleet  entries  and  exits
as  well  as  the  delimitation  of  public  aid  for  the
renewal  of  the  fleet,  the  modernisation  of  vessels
and  the  establishment  of  joint  ventures;

the  multiannual 
specified, 

should  be 

(8)(cid:217)Whereas  small  scale  coastal  fishing  has  a  special
status  in  terms  of  the  objectives  for  fishing  effort
adjustments;  whereas  it  is  important  that  this  speci(cid:220)
ficity  is  translated  into  concrete  measures  at  the
level  of  the  present  regulation;

(9)(cid:217)Whereas  socio(cid:220)economic  accompanying  measures
will  be  needed  to  implement  the  restructuring  of  the
fishing  fleets;

(10)(cid:217)Whereas  the  detailed  rules  should  be  fixed  for  the
granting  of  aid  for  the  protection  of  the  fisheries
resources  of  marine  coastal  zones,  for  aquaculture,
for  equipment  in  fishing  ports,  for  processing,  for
marketing  and  for  the  promotion  of  fisheries  and
aquaculture  products;

(11)(cid:217)Whereas  certain  measures  in  benefit  of  producers
implemented  under
organisations  currently  being 
Council  Regulation  (EEC)  No  3759/92  of  17
December  1992  on  the  common  organisation  of  the
market 
(cid:216)(˛)
should  be  included  among  the  structural  measures

in  fishery  and  aquaculture  products 

as  well  as  other  measures  of  collective 
undertaken  by  the  professionals;

interest

(12)(cid:217)Whereas  detailed  rules  should  be  fixed  for  the
granting  of  indemnities  and  financial  compensation
to 
in  cases  of
temporary  cessation  of  activity  or  of  technical
restrictions  applied 
fishing
methods;

fishermen  and  vessel  owners, 

to  certain  gears  or 

(13)(cid:217)Whereas  the  programmes  must  envisage  the  means
necessary  for  the  execution  of  innovative  actions
and  technical  assistance;

(14)(cid:217)Whereas  achieving  a 

their 

resources  and 

lasting  balance  between
marine 
exploitation  and
environmental  impact  represent  important  interest
for  the  fisheries  sector  it  is  as  important,  therefore,
to  provide  for  appropriate  measures  to  preserve  the
trophic  chain  as  it  is  to  provide  for  aquaculture  and
the  fish  processing  industry;

(15)(cid:217)Whereas,  in  so  far  as  such  measures  are  not  limited
to  the  granting  of  Community  aid,  it  is  appropriate
in  particular  to  regulate  State  aid  schemes  in  this
sector,  without  prejudice  to  Articles  92,  93  and  94
of  the  Treaty,  and  to  integrate  the  programming  of
the  restructuring  of  Community  fishing  fleets  in  a
coherent  manner 
structural
in 
assistance  as  a  whole,

the  context  of 

regarding  Community 

(16)(cid:217)Whereas  Council  Regulation  (EC)  No  3699/93  of
21  December  1993  laying  down  the  criteria  and
structural
arrangements 
assistance  in  the  fisheries  and  aquaculture  sector
and  the  processing  and  marketing  of  its  products(cid:216)(ˇ)
as  well  as  other  provisions  should  be  repealed;
whereas  at  the  same  time,  for  the  proper  execution
of  the  aid,  actions  and  projects  approved  up  until
31  December  1999  the  repealed  provisions  should
remain  applicable  to  this  effect;

HAS  ADOPTED  THIS  REGULATION:

Article  1

Objectives

frame  of
1.(cid:218)(cid:217)This  Regulation  provides  a  policy 
reference  for  all  structural  measures 
in  the  fisheries
sector  carried  out  in  the  territory  of  a  Member  State,
without  prejudice  to  regional  particularities.

(˛)(cid:217)OJ  L  388,  31.12.1992,  p.  1.  Regulation  last  amended  by
Regulation  (EC)  No  3318/94  (OJ  L  350,  31.12.1994,  p.  15).

(ˇ)(cid:217)OJ  L  386,  31.12.1993,  p.  1.  Regulation  last  amended  by

Regulation  (EC)  No  25/97  (OJ  L  6,  10.1.1997,  p.  7).

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2.(cid:218)(cid:217)Structural  policy  in  this  sector,  aims  at  guiding  and
speeding  up  restructuring.  Restructuring  shall  comprise
actions  such  as  the  adaptation  of  capacity,  renewal,
rationalisation  and  modernisation  of 
the  means  of
production  and  other  measures  with  a  lasting  effect  that
contribute  to  achieving  the  tasks  defined  in  Article  1(2)
of  Regulation  (EC)  No  .(cid:216).(cid:216).  [on  structural  measures  in  the
fisheries  sector(cid:129).

Article  2

Means

regulation(cid:129).  However,  the  rates  0,7(cid:216)%  and  0,3(cid:216)%  shall
be  replaced  by  an  overall  rate  of  2(cid:216)%.

TITLE  I

PROGRAMMING  AND  IMPLEMENTATION

Article  3

Common  provisions  on  programming

1.(cid:218)(cid:217)The  definitions  in  Article  9  paragraph  1  of  Regu(cid:220)
lation  (EC)  No  .(cid:216).(cid:216).  apply  to  the  present  Regulation.

laid  down 

1.(cid:218)(cid:217)The  FIFG  and  the  EAGGF  Guarantee  Section  may,
under  the  conditions 
in  this  Regulation,
provide  assistance  for  the  measures  defined  in  Titles  II,
III  and  IV  within  the  fields  of  application  covered  by  the
common  fisheries  policy  as  defined  in  Article  1  of  Regu(cid:220)
lation  (EEC)  No  3760/92  and  in  accordance  with  the
following  rules:

in  accordance  with 

the
2.(cid:218)(cid:217)Programming  shall  be 
objectives  of  the  common  fisheries  policy  and  with  the
provisions  of  the  multiannual  guidance  programmes  for
the  fishing  fleets  referred  to  in  Article  5.  To  this  end,  it
may  be  revised  as  necessary  and  in  particular  at  the  end
of  each  period  of  application  of 
the  multiannual
guidance  programmes.

(a)(cid:217)In  Objective  1  regions,  including  those  referred  to  in
Article  6(1)  of  Regulation  (EC)  No 
.(cid:216).(cid:216).  [general
Funds  regulation(cid:129),  all  measures  may  be  part(cid:220)financed
by  the  FIFG  exclusively  and  shall  be  subject  to  all  the
detailed  rules  laid  down  in  Regulation  (EC)  No  .(cid:216).(cid:216).
[general  Funds  regulation(cid:129).

(b) In  Objective  2  areas,  except  the  areas  referred  to  in
Article  6(2)  of  Regulation  (EC)  No 
.(cid:216).(cid:216).  [general
Funds  regulation(cid:129),  all  measures  with  the  exception  of
those  referred  to  in  Title  II  of  this  Regulation  and,
where  applicable,  certain  measures  extending  beyond
the  regional  level  referred  to  in  Titles  III  and  IV  may
be  part(cid:220)financed  by  the  FIFG  exclusively  and  shall  be
subject  to  all  the  detailed  rules  laid  down  in  Regu(cid:220)
lation  (EC)  No  .(cid:216).(cid:216).  [general  Funds  regulation(cid:129).

(c) Measures  not  covered  by  points  (a)  and  (b)  of  this
paragraph  may  be  part(cid:220)financed  by  the  EAGGF
Guarantee  Fund  exclusively  and  shall  be  subject  to
the  specific  rules  laid  down  in  Regulation  (EC)  No
.(cid:216).(cid:216).  [on  the  financing  of  the  common  agricultural
policy(cid:129)  and  the  provisions  adopted  for  its  application,
except  where  this  Regulation  provides  otherwise.

2.(cid:218)(cid:217)The  EAGGF  Guarantee  Section  may  finance  inno(cid:220)
vative  and  technical  assistance  measures  under  the  same
conditions  and  procedures  as  those  laid  down  in  Articles
21  to  23  of  Regulation  (EC)  No  .(cid:216).(cid:216).  [general  Funds

Programming  shall  cover  all  the  fields  referred  to  in
Titles  II,  III  and  IV.

3.(cid:218)(cid:217)The  plans  shall  demonstrate  that  public  aid 
is
necessary  with  regard  to  the  objectives  pursued,  and  in
particular  that  without  public  aid  the  fishing  fleets
concerned  could  not  be  renewed  or  modernised  and  that
the  planned  measures  will  not  jeopardise  the  long(cid:220)term
equilibrium  of  fishery  resources.

The  contents  of  the  plans  shall  be  as  set  out  in  Annex  I.

4.(cid:218)(cid:217)For  the  remainder  of  the  programming  period  not
yet  covered  by  a  multiannual  guidance  programme
the  programming
approved  by 
information 
shall  be
specified  by  Member  States  when  the  new  multiannual
guidance  programme  is  approved,  in  accordance  with  its
objectives.

the  Commission, 

shall  be  purely 

indicative; 

it 

Article  4

Specific  provisions  on  measures  part(cid:220)financed  by  the
EAGGF  Guarantee  Section

1.(cid:218)(cid:217)Programming  shall  be  done  according 
following  rules:

to 

the

(a)(cid:217)Each  Member  State  shall  present  to  the  Commission

a  plan  covering  all  the  measures  envisaged.

The  plan  shall  cover  a  period  of  seven  years
beginning  on  1  January  2000.

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The  plan  shall  be  drawn  up  by 
the  authority
appointed  by  the  Member  State  for  that  purpose  and
submitted  to  the  Commission  by  the  Member  State
after  the  partners  referred  to  in  Article  8  of  Regu(cid:220)
lation  (EC)  No  .(cid:216).(cid:216).  [general  Funds  regulation(cid:129)  have
given  their  opinion.  Each  partner  shall  give 
its
opinion  within  a  time  limit  such  that  the  deadline
provided  for 
in  the  fourth  subparagraph  can  be
complied  with.

The  plan  must  be  presented  not  later  than  six  months
after  the  entry  into  force  of  this  Regulation.

(b) The  Commission  shall  examine  the  proposed  plans  to
determine  whether  they  are  consistent  with  this
Regulation  and  the  guidelines  referred  to  in  Article  9
paragraph  4  of  Regulation  (EC)  No  .(cid:216).(cid:216).  [general
the  single
Funds  regulation(cid:129).  It  shall  draw  up 
programming  document  on  the  basis  of  the  plan,  in
agreement  with  the  Member  State  concerned.  It  shall
decide  on 
the  EAGGF
Guarantee  Section  in  accordance  with  the  procedure
laid  down  in  Article  50  of  Regulation  (EC)  No  .(cid:216).(cid:216).
[general  Funds  regulation(cid:129)  within  six  months  of  the
presentation  of  the  plan,  where  the  plan  contains  all
the  information  referred  to  in  Annex  1.

the  contribution 

from 

Article  5

Multiannual  guidance  programmes  for
fishing  fleets

the  fisheries  sector 

1.(cid:218)(cid:217)On  the  basis  of  the  objectives  and  measures  for
restructuring 
the
Council  under  Article  11  of  Regulation  (EEC)  No
3760/92,  the  Commission  shall,  acting  in  accordance
with  the  procedure  laid  down  in  Article  18  of  that  Regu(cid:220)
lation,  adopt  the  multiannual  guidance  programmes  for
individual  Member  States.

laid  down  by 

2.(cid:218)(cid:217)The  Commission  decision  referred  to  in  paragraph
1  shall  fix,  in  particular,  a  series  of  objectives  accom(cid:220)
panied  by  a  set  of  measures  for  their  realisation,  allowing
fishing  effort  on  an  overall,
for  management  of 
long(cid:220)term  basis.

supply 

the  Commission  with 

3.(cid:218)(cid:217)By  1  January  2001  at  the  latest,  Member  States
shall 
information
specified  in  Annex  II  to  this  Regulation,  to  be  used  in
drawing  up  multiannual  guidance  programmes  for  the
period  from  1  January  2002  to  31  December  2006.

the 

The  Commission’s  decision  shall  be  communicated
to  the  Member  State  concerned  and  published  in  the
Official  Journal  of  the  European  Communities.

2.(cid:218)(cid:217)The  authority  or  body  appointed  by  the  Member
State  to  manage  the  assistance,  called  the  "management
authority’  for  the  purposes  of  this  Regulation,  shall  be
responsible  for  ensuring  that  the  measures  concerned  are
managed  and  implemented  efficiently  and  in  accordance
with  the  rules.

in
The  measures  shall  be  monitored  and  evaluated 
accordance  with  the  principles  laid  down  in  Articles  33
to  36  and  39  to  42  of  Regulation  (EC)  No  .(cid:216).(cid:216).  [general
Funds  regulation(cid:129).

3.(cid:218)(cid:217)The  Commission  shall  adopt  detailed  rules  for  the
application  of 
the
procedure  laid  down  in  Article  50  of  Regulation  (EC)
No  .(cid:216).(cid:216).  [general  Funds  regulation(cid:129).

in  accordance  with 

this  Article 

They  shall  deal,  in  particular,  with:

(a)(cid:217)the  presentation  of  plans;

(b) the  revision  of  programming  documents;

Article  6

Monitoring  multiannual  guidance  programmes

1.(cid:218)(cid:217)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
multiannual  guidance  programme.  Within  three  months
of  this  deadline  the  Commission  shall  forward  an  annual
report  to  the  European  Parliament  and  the  Council  on
the  implementation  of  multiannual  guidance  programmes
throughout  the  Community.

2.(cid:218)(cid:217)Member  States  shall  transmit  to  the  Commission
information  on  the  physical  characteristics  of  fishing
vessels  and  the  monitoring  of  fishing  effort  by  fleet
segment  and  by  fishery,  particularly  as  regards  the  devel(cid:220)
the  corresponding  fishing
opment  of  capacities  and 
activities,  in  accordance  with  the  procedures  laid  down
in  Commission  Regulations  (EC)  No  2090/98  of  30
September  1998  concerning  the  fishing  vessel  register  of
the  Community(cid:216)(˛)  and  Regulation  No  2091/98  of  30
September  1998  concerning  the  segmentation  of  the
Community  fishing  fleet  and  fishing  effort  in  relation  to
the  multiannual  guidance  programmes(cid:216)(ˇ).

(c) budget  planning,  particularly  to  ensure  budgetary

discipline  and  participation  in  the  financing;

(d) monitoring  and  evaluation.

(˛)(cid:217)OJ  L  266,  1.10.1998,  p.  27.
(ˇ)(cid:217)OJ  L  266,  1.10.1998,  p.  36.

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its  own 

3.(cid:218)(cid:217)At 
initiative  or  at  the  request  of  the
Member  State,  or  under  provisions  laid  down  in  the
multiannual  guidance  programmes,  the  Commission  may
re(cid:220)examine 
any  multiannual  guidance
programme.

adapt 

and 

4.(cid:218)(cid:217)The  Commission  shall  decide  whether  or  not  to
approve  the  revisions  provided  for  in  paragraph  3  in
accordance  with  the  procedure  laid  down  in  Article  18  of
Regulation  (EEC)  No  3760/92.

5.(cid:218)(cid:217)For  the  implementation  of  this  Article,  Member
States  shall  apply  the  provisions  of  Article  24  of  Regu(cid:220)
lation  (EEC)  No  2847/93.

TITLE  II

IMPLEMENTATION  OF  MULTIANNUAL  GUIDANCE
PROGRAMMES  FOR  FISHING  FLEETS

Article  7

Fleet  renewal  and  modernisation  of
fishing  vessels

1.(cid:218)(cid:217)Fleet  renewal  and  the  modernisation  of  fishing
vessels  shall  be  organised  in  accordance  with  this  Article,
Articles  8  to  13.

in  Article  18  of  Regulation 

(a)(cid:217)Each  Member  State  shall  submit  to  the  Commission,
for  approval  in  accordance  with  the  procedure  laid
down 
(EEC)  No
3760/92,  permanent  arrangements  for  monitoring
fleet  renewal.  These  arrangements  must  guarantee
that  fishing  capacity  is  maintained  or,  where  appro(cid:220)
priate,  gradually  reduced  to  attain  the  intermediate
and  final  objectives  fixed  in  the  multiannual  guidance
programme.

(b) The  arrangements  shall  include  measures:

(i) To  determine,  each  time  new  capacity  is  added
to  the  fleet,  including  modernisation  entailing
an 
the  corresponding
capacity  which  must  be  permanently  withdrawn.

in  capacity, 

increase 

(ii) To  guarantee  that  no  decision  authorising  the
construction  or  modernisation  of  a 
fishing
vessel,  including  the  replacement  of  vessels  lost
in  accidents  or  wrecks,  results  in  an  increase  in
fishing  effort.

(iii)(cid:217)In  the  case  of  the  fleet  segment  containing
vessels  less  than  twelve  meters  long  overall  other
than  trawlers,  to  guarantee  that  decisions  auth(cid:220)
orising  construction  or  modernisation  do  not
result  in  an  increase  in  the  aggregate  capacity
for  that  segment.

(c) The  quantified  indicators  relating  to  the  fishing  in
the  plans,  as  provided  for  in  Annex  I(2)  point  (d)
must  be  drawn  up 
these
arrangements.

in  accordance  with 

2.(cid:218)(cid:217)Member  States  shall  ensure  that  withdrawn  vessels
are  declared  as  deleted  from  the  registration  lists  for
fishing  vessels  and  from  the  Community  fishing  vessel
register.  They  shall  also  ensure  that  vessels  declared  as
deleted  are  permanently  excluded 
in
Community  waters.

fishing 

from 

Capacity  withdrawn  in  association  with  the  addition  of
new  capacity  within  the  meaning  of  paragraph  1,  point
(b)  sub(cid:220)point  (i)  may  be  transferred  neither  to  another
Member  State  nor  to  a  third  country.

Article  8

Adjustment  of  fishing  effort

1.(cid:218)(cid:217)Member  States  shall  take  measures  to  adjust  fishing
effort 
the  multiannual
guidance  programmes  referred  to  in  Article  5.

the  objectives  of 

to  achieve 

Where  necessary,  Member  States  shall  take  measures  to
stop  vessels’  fishing  activities  permanently  or  to  restrict
them,  in  accordance  with  the  applicable  provisions  of
Annex  III.

2.(cid:218)(cid:217)Measures 
activities
permanently  may  be  applied  only  to  vessels  more  than  15
years  old.  They  may  in  particular  include:

vessels’ 

fishing 

stop 

to 

(a)(cid:217)the  scrapping  of  the  vessel,

(b) permanent  transfer  of  the  vessel  to  a  third  country,
after  agreement  by  the  competent  authorities  of  the
country  concerned,  provided  such  transfer 
is  not
likely  to  infringe  international  law,  affect  the  conser(cid:220)
vation  and  management  of  marine  resources  or  other
objectives  of  the  common  fisheries  policy.  In  this
context,  the  transfer  to  certain  third  countries  may
be  excluded  from  public  aid.  To  that  end,  the
Member  States  shall  indicate  in  the  plans  referred  to
in  Articles  3  and  4(1)  the  list  of  third  countries  to
which  they  envisage  transferring  fishing  vessels;

(c) permanent  reassignment  of  the  vessel  in  question  to

uses  other  than  fishing  in  Community  waters.

The  capacity  of  vessels  that  are  subject  to  a  measure  to
stop  fishing  activities  permanently  within  the  meaning  of
this  paragraph  may  under  no  circumstances  be  replaced.
The  vessels  concerned  shall  be  subject  to  the  conditions
laid  down  in  the  first  subparagraph  of  Article  7(2).

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3.(cid:218)(cid:217)Public  aid  for  final(cid:220)cessation  paid  to  beneficiaries
may  not  exceed  the  following  amounts:

2.(cid:218)(cid:217)In  addition  to  the  conditions  laid  down  in  Article  8
and  Annex  III  for  the  grant  of  a  premium  for  permanent
transfer,  the  following  conditions  shall  apply:

(a)(cid:217)Scrapping  premiums

(i) 15  year  old  vessels:  see  Tables  1  and  2  in  Annex

IV;

(ii) vessels  from  15  to  29  years  old:  the  scales  in
Tables  1  and  2  decreased  by  1,5(cid:216)%  per  year
over  15.

(iii)(cid:217)vessels  more  than  30  years  old:  the  scales  in

Tables  1  and  2,  less  22,5(cid:216)%.

(b) Premiums  for  permanent  transfer  to  a  third  country:
the  maximum  amounts  for  the  scrapping  premiums
referred  to  in  (a)  above,  less  50(cid:216)%.  However,  no
public  aid  for  this  purpose  can  be  given  for  vessels
with  a  tonnage  less  than  25  GRT  or  27  GT,  or  more
than  30  years  old,  except  under  the  conditions
foreseen  in  the  second  subparagraph.

(c) Premiums  for  other  cases  stopping  fishing  activities
permanently: 
the
the  maximum 
scrapping  premiums  referred  to  in  (a)  above,  less
50(cid:216)%.  However,  no  public  aid  for  this  purpose  can
be  given  for  vessels  with  a  tonnage  less  than  25  GRT
or  27  GT,  or  more  than  30  years  old,  except  under
the  conditions  foreseen  in  the  second  subparagraph.

amounts 

for 

(b)  and 

the  vessel 

(c),  where 

is
Notwithstanding 
definitively  assigned  for  the  preservation  of  historical
heritage  in  the  territory  of  a  Member  State,  or  for  the
fisheries  research  activities  of  the  public  or  semi(cid:220)public
bodies  of  a  Member  State,  or  for  the  control  of  fishing
activities,  in  particular  by  a  third  country,  public  aid  shall
be  granted  under  the  conditions  given  in  (a).

to  Article  17,  measures 

to
4.(cid:218)(cid:217)Without  prejudice 
restrict  fishing  activities  may  include  restrictions  on  the
fishing  days  or  days  at  sea  authorised  for  a  specific
period.  Such  measures  may  not  give  rise  to  any  public
aid.

Article  9

Joint  enterprises

to 

the  premium 

1.(cid:218)(cid:217)An  additional  premium 
for
definitive  transfer  paid  under  Article  8  paragraph  3  point
(b)  may  be  granted  to  carry  out  a  commercial  enterprise
project  with  one  or  more  partners  who  are  nationals  of
the  third  country  in  which  the  vessel  is  registered,  here(cid:220)
inafter  called  a  "joint  enterprise’.

the  acquisition  of  holdings 

(a)(cid:217)The  creation  and  registration  of  a  commercial
enterprise,  in  accordance  with  the  laws  of  the  third
country,  or 
in  an
enterprise  that  is  already  registered,  for  the  purpose
of  engaging  in  a  commercial  activity  in  the  fisheries
sector  in  the  waters  under  the  sovereignty  or  the
jurisdiction  of  the  third  country.  The  Community
partner  must  hold  a  significant  proportion,  generally
between  25(cid:216)%  and  75(cid:216)%,  of  the  share  capital  and  at
least  half  of  the  additional  premium  provided  for  in
paragraph  1  must  be  invested  as  cash  in  the  capital  of
the  joint  enterprise;

(b) ownership  of  the  exported  vessel  must  be  transferred
to  the  joint  enterprise  in  the  third  country.  For  five
years  the  vessel  may  not  be  used  for  fishing  activities
other  than  those  authorised  by  the  competent  auth(cid:220)
orities  of  the  third  country,  nor  may  it  be  used  by
other  shipowners.

3.(cid:218)(cid:217)The  additional  premium  for  the  creation  of  joint
enterprises  shall  granted  according  to  the  following
rules:

(a)(cid:217)Where  a  fisheries  agreement  exists  with  the  third
country  concerned  that  already  provides  for  the
creation  of  joint  enterprises,  the  additional  premium
may  not  exceed  60(cid:216)%  of  the  maximum  amount  of
the  premium  for  permanent  transfer  referred  to  in
paragraph  1.  The  full  amount  of  the  additonal
premium  shall  be  chargeable  to  the  budget  of  the
European  Community  but  is  not  covered  by  the  rules
defined  in  Article  2;

(b) Where  there  is  no  fisheries  agreement  with  the  third
country  concerned  and  where 
the  Council  has
adopted  no  decision  authorising  the  Commission  to
negotiate  an  agreement,  the  additional  premium  may
not  exceed  30(cid:216)%  of  the  maximum  amount  of  the
premium 
in
paragraph  1.  Contrary  to  point  (a),  the  additional
premium  shall  be  co(cid:220)financed  from  the  budget  of  the
European  Community 
the
provisions  of  Article  2.

in  accordance  with 

transfer  referred 

for  permanent 

to 

(c) Where  a  fisheries  agreement  exists  with  the  third
country  concerned  that  does  not  provide  for  the
creation  of  joint  enterprises,  the  grant  of  additional
premiums  shall  be  suspended  until  the  moment  the
fisheries  agreement  is  amended  to  provide  for  the
creation  of  joint  enterprises.  From  this  moment  the
rules  in  (a)  shall  apply.  If  the  fisheries  agreement  is
not  amended  in  this  way  within  18  months  following
the  application  for  an  additional  premium,  the  rules
in  (b)  shall  apply;

(d) Where,  in  the  absence  of  a  fisheries  agreement  with
the  third  country  concerned,  there  exists  a  Council

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decision  authorising  the  Commission  to  negotiate  a
fisheries  agreement  envisaging  the  creation  of  joint
enterprises,  the  grant  of  additonal  premiums  shall  be
suspended  until  the  moment  such  an  agreement  is
concluded.  From  this  moment  the  rules  in  (a)  shall
apply.  If  the  fisheries  agreement  is  not  concluded
within  18  months  following  the  application  for  an
additional  premium,  the  rules  in  (b)  shall  apply.

4.(cid:218)(cid:217)The  management  authority  shall  pay  50(cid:216)%  of  the
additional  premium  to  the  applicant  when  the  vessel  is
transferred  to  the  joint  enterprise,  after  the  applicant  has
provided  proof  that  a  bank  guarantee  for  an  amount
equal  to  that  initial  payment  plus  5(cid:216)%  has  been  lodged.

5.(cid:218)(cid:217)Each  year  for  five  consecutive  years  from  the  date
of  constitution  of  the  joint  enterprise  or  the  date  on
which  the  Community  partner  acquired  holdings  in  the
enterprise,  applicants  shall  submit  to  the  management
authority  a  report  on  the  implementation  of  the  activity
plan,  together  with  the  enterprise’s  balance  sheet  and  a
statement  of  its  net  worth.  The  management  authority
shall 
for
information.

the  Commission 

forward 

report 

to 

to 

The  balance  of  the  additional  premium  shall  be  paid  to
applicants  after  two  years  of  activity  and  after  the  first
two  reports  have  been  received.

The  guarantee  shall  be  released,  provided  all 
the
conditions  are  met,  once  the  fifth  report  has  been
approved.

6.(cid:218)(cid:217)The  Commission  shall  adopt  detailed  rules  for  the
application  of 
the
procedure  laid  down  in  Article  50  of  Regulation  (EC)
No  .(cid:216).(cid:216).  [general  Funds  regulation(cid:129).

in  accordance  with 

this  Article 

Article  10

Public  aid  for  fleet  renewal  and  for  vessel  modernisation

1.(cid:218)(cid:217)Without  prejudice  to  the  conditions  laid  down  in
the  second  subparagraph  of  Article  3(3),  public  aid  for
fleet  renewal  and  for  vessel  modernisation  shall  be
granted  only  on  the  following  conditions  and  those  given
in  Annex  III:

(a)(cid:217)If  the  overall  annual  objectives  of  the  multiannual
guidance  programme  have  been  respected,  and  in
those  segments  where  the  annual  objectives  have  also
been  respected,  Member  States  may  not  grant  public
aid  for  the  addition  of  new  fishing  capacity,  unless
the
the  capacity  withdrawn 
addition  of  new  capacity  for  each  individual  project
is  at  least  30(cid:216)%  greater  than  the  new  capacity  added,
in  terms  of  both  tonnage  and  power.

in  association  with 

(b) If  the  annual  objectives  of  the  fleet  segment  of  the
multiannual  guidance  programme  containing  vessels
less  than  twelve  meters 
long  overall  other  than
trawlers  have  been  respected,  Member  States  may
not  grant  public  aid  for  the  addition  of  new  fishing
capacity 
the  capacity
withdrawn,  taken  in  aggregate,  is  at  least  equal  to
the  new  capacity  added,  in  terms  of  both  tonnage
and  power.

segment,  unless 

that 

in 

The  new  fishing  capacity  may  in  particular  include
the  modernisation  of  vessels  for  the  purpose  of
improving  safety  and  working  conditions  and/or
improving  the  quality  of  the  products  fished  and
conserved  on  board.

2.(cid:218)(cid:217)Expenditure  eligible  for  public  aid  as  referred  to  in
paragraph  1  may  not  exceed  the  following  amounts:

(a)(cid:217)construction  of  fishing  vessels:  the  scales  in  Table  1
in  Annex  IV,  increased  by  92,5(cid:216)%.  However,  for
vessels  with  a  hull  in  neither  steel  or  glass  fibre,  the
coefficient  of  increase  shall  be  37,5(cid:216)%;

(b) modernisation  of  fishing  vessels 

including,  where
applicable, 
in
tonnage 
the  cost  of  remeasuring 
accordance  with  Annex  I  to  the  1969  Convention(cid:216)(˛):
50(cid:216)%  of  the  expenditure  eligible  for  construction  aid
as  referred  to  in  (a).

3.(cid:218)(cid:217)No  public  aid  may  be  granted 
withdrawn 
capacity.

for  capacity
in  association  with  the  addition  of  new

Article  11

Common  provisions  on  fishing  fleets

1.(cid:218)(cid:217)Public  aid  for  fleet  renewal  and  the  modernisation
of  vessels  as  well  as  the  issue  of  licences  for  the  addition
of  new  vessels  is  not  permitted  where,  within  the  time
allowed,  the  Member  State:

(a)(cid:217)has  not  submitted  the  information  provided  for  in

Article  6;

(b) has  not  taken  the  necessary  measures  to  comply  with
Council  Regulation 
(EEC)  No  2930/86  of  22
September  1986  defining  characteristics  for  fishing
vessels(cid:216)(ˇ);

(˛)(cid:217)International  Convention  on  Tonnage  Measurement  of
Ships,  drawn  up  in  London  in  1969  under  the  auspices  of
the  International  Maritime  Organisation  (IMO).

(ˇ)(cid:217)OJ  L  274,  25.9.1986,  p.  1.  Regulation  last  amended  by
Regulation  (EC)  No  3259/94  (OJ  L  339,  29.12.1994,  p.  11).

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(c) has  not  taken  the  necessary  measures  to  comply  with
guidance
the

the 
programmes  by 
arrangements  provided  for  in  Article  7(1)(a).

of 
the  multiannual 
introducing  and  applying 

objectives 

the  cases  referred 

2.(cid:218)(cid:217)In 
Commission  may 
including,  in  particular:

take 

to 

in  paragraph  1 

the
the  appropriate  measures,

(a)(cid:217)the  adjustment  of  the  capacity  objectives 

in  the
multiannual  guidance  programme  in  the  light  of  the
information  available  to  it,

(b) the 

the 

suspension  of 

licence
applications 
fisheries
agreements  with  the  said  countries  that  receive  a
financial  contribution  from  the  Community  budget.

countries  under 

introduction  of 

third 

to 

3.(cid:218)(cid:217)The  following  provisions  shall  apply  to  the  cumu(cid:220)
lation  of  public  aids  to  the  fishing  fleet:

(a)(cid:217)expenditure  on  modernisation  shall  not  be  eligible
for  aid  for  five  years  following  the  grant  of  public
aid  for  the  construction  of  the  vessel  concerned;

(b) permanent  withdrawal  premiums  within  the  meaning
of  Article  8(3)  and  additional  premiums  for  the
creation  of  joint  enterprises  within  the  meaning  of
Article  9  may  not  be  added  to  other  Community  aid
granted  under  this  Regulation  or  Regulations  (EEC)
No  2908/83(cid:216)(˛),  (EEC)  No  4028/86(cid:216)(ˇ)  and  (EC)  No
3699/93.  These  premiums  are  to  be  reduced:

(i) by  a  part  of  the  amount  previously  received  in
the  case  of  modernisation  aid  and/or 
the
allowance  for  a  temporary  joint  venture;  this
part  is  calculated  prorata  temporis  for  the  five
year  period  preceding  the  permanent  withdrawal
or  the  setting  up  of  the  joint  enterprise;

(ii)(cid:217)by  the  total  amount  previously  received  in  the
case  of  aid  for  the  temporary  cessation  of
activities  within  the  meaning  of  Article  17(1)  of
this  Regulation  and  under  Article  14  of  Regu(cid:220)
lation  (EC)  No  3699/93  paid  during  the  two
years  preceding  permanent  withdrawal  or  the
setting  up  of  the  joint  enterprise.

Article  12

Small(cid:220)scale  coastal  fishing

1.(cid:218)(cid:217)For  the  purposes  of  this  Article,  "small(cid:220)scale  coastal
fishing’  means  fishing  carried  on  by  vessels  of  an  overall
length  of  less  than  12  metres,  except  for  trawlers.

2.(cid:218)(cid:217)Without  prejudice  to  other  measures  provided  for
in  this  or  other  Regulations,  the  Member  States  may  take
additional  measures 
to
improve  the  conditions 
in  which  small(cid:220)scale  coastal
fishing  is  carried  on,  under  the  terms  laid  down  in  this
Article.

to  supplement 

the  measures 

3.(cid:218)(cid:217)Where  a  group  of  owners  of  vessels  or  nuclear
in  small(cid:220)scale  coastal
involved 
families  of  fishermen 
fisheries  cooperatively  implement  an  integrated  collective
project  to  improve  the  structure  of  their  fishing  activity,
a  lump(cid:220)sum  premium  part(cid:220)financed  by  the  FIFG  or  the
EAGGF  Guarantee  Section  may  be  granted  to  the
participants,  without  prejudice  to  the  other  types  of  aid
provided  for  in  this  Regulation  or  the  other  Structural
Fund  Regulations.

integrated 

lump(cid:220)sum  premium  shall  not  exceed  EUR
4.(cid:218)(cid:217)The 
150(cid:216)000 
project.  The
collective 
per 
management  authority  shall  determine  the  amount  of  the
premium  actually  paid  and  how  it  is  shared  between  the
beneficiaries  according  to  the  scale  of  the  project  and  the
financial  commitments  made  by  each  participant.

Article  13

Socio(cid:220)economic  measures

1.(cid:218)(cid:217)For  the  purposes  of  this  Article,  "fisherman’  means
anyone  engaging  in  his  main  occupation  on  board  an
operational  seagoing  fishing  vessel.

fishermen,
2.(cid:218)(cid:217)The  Member  States  may 
measures  of  a  socio(cid:220)economic  nature  associated  with
restructuring  of  the  Community  fisheries  sector  within
the  meaning  of  Article  11  of  Regulation  (EEC)  No
3760/92.

take, 

for 

(˛)(cid:217)Council  Regulation  (EEC)  No  2908/83  of  4  October  1983
on  a  common  measure  for  restructuring,  modernising  and
developing  the  fishing  industry  and  for  developing  aqua(cid:220)
culture  (OJ  L  290,  22.10.1983,  p.  1).  Regulation 
last
amended  by  Regulation  (EEC)  No  3733/85  (OJ  L  361,
31.12.1985,  p.  78).

(ˇ)(cid:217)Council  Regulation  (EEC)  No  4028/86  of  18  December
improve  and  adapt
1986  on  Community  measures 
structures  in  the  fisheries  and  aquaculture  sector  (OJ  L  376,
31.12.1986,  p.  7).  Regulation  last  amended  by  Regulation
(EEC)  No  3946/92  (OJ  L  401,  31.12.1992,  p.  1).

to 

3.(cid:218)(cid:217)Financial  assistance  from  the  FIFG  or  the  EAGGF
Guarantee  Section  may  only  be  granted  for  the  following
measures:

(a)(cid:217)part(cid:220)financing  of  national  early(cid:220)retirement  schemes
for  fishermen,  provided  that  the  following  measures:

(i) at  the  time  of  early  retirement,  the  age  of  the
beneficiaries  of  the  measures  must  be  not  more
than  ten  years  from  the  legal  retirement  age

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within  the  meaning  of  the  legislation  in  force  in
the  Member  State,  or  the  beneficiaries  must  be
aged  at  least  55;

(ii)(cid:217)the  beneficiaries  can  show  that  they  have  worked

for  at  least  10  years  as  fishermen.

TITLE  III

PROTECTION  OF  MARINE  RESOURCES  IN  COASTAL
WATERS,  AQUACULTURE,  FISHING  PORT  FACILITIES
AND  PROCESSING  AND  MARKETING

However,  contributions  to  the  normal  retirement
scheme  for  fishermen  during  the  period  of  early
financial
retirement 
assistance  from  the  FIFG  or  the  EAGGF  Guarantee
Section.

shall  not  be 

eligible 

for 

In  each  Member  State,  for  the  entire  programming
period  the  number  of  beneficiaries  may  not  exceed
jobs  eliminated  on  board  fishing
the  number  of 
vessels  as  a  result  of  those  vessels  permanently
stopping  fishing  activities  within  the  meaning  of
Article  8;

(b) granting 

individual 

compensatory  payments 

to
fishermen  who  can  show  that  they  have  worked  for
at  least  six  months  as  fishermen,  on  the  basis  of  an
eligible  cost  limited  to  EUR  10(cid:216)000  per  individual
beneficiary,  provided  the  vessel  on  which  the  benefi(cid:220)
ciaries  were  employed  has  been 
the  object  of
measures  permanently  stopping  its  activities,  within
the  meaning  of  Article  8;

(c) granting  non(cid:220)renewable 

individual  compensatory
payments  to  fishermen  who  can  show  that  they  have
worked  for  at  least  five  years  as  fishermen,  to  help
them  retrain  or  diversify 
their  activities  outside
maritime  fisheries  under  an  individual  or  collective
social  plan,  on  the  basis  of  an  eligible  cost  limited  to
EUR  50(cid:216)000  per  individual  beneficiary;  individual
fishermen  may  combine 
the
the  management
payment  provided 
for  at 
authority  shall  determine 
individual  amount
according  to  the  scale  of  the  retraining  and  diversifi(cid:220)
cation  project  and  the  financial  commitment  entered
into  by  the  beneficiary.

this  payment  with 

(b); 
the 

4.(cid:218)(cid:217)The  Member  States  shall  make 
arrangements  to  ensure:

the  necessary

(a)(cid:217)that  the  beneficiaries  of  the  measure  referred  to  in
paragraph  3(a)  permanently  give  up  work  as
fishermen;

(b) that  no  one  fisherman  can  combine  benefits  from  the
measure  referred  to  in  paragraph  3(a)  with  benefits
from  one  of  the  measures  referred  to  in  paragraph
3(b)  and  (c);

(c) 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  one  year  after  being  paid  the
compensation;

(d) that  the  compensation  referred  to  in  paragraph  3(c)
is  refunded  on  a  pro  rata  temporis  basis  where  the
beneficiaries  return  to  their  work  as  fishermen  within
a  period  of  less  than  five  years  after  being  paid  the
compensation;

(e) that  the  beneficiaries  of  the  measure  referred  to  in
paragraph  3(c)  actually  engage  in  a  new  activity.

Article  14

Scope

1.(cid:218)(cid:217)Member  States  may,  under  the  conditions  specified
in  Annex  III, 
to  encourage  capital
investment  in  the  following  fields:

take  measures 

(a)(cid:217)protection  of  marine  resources  in  coastal  waters,

(b) aquaculture,

(c) fishing  port  facilities,

(d) processing  and  marketing  of  fishery  and  aquaculture

products.

2.(cid:218)(cid:217)Financial  assistance  from  the  FIFG  or  the  EAGGF
Guarantee  Section  may  be  granted  only  for  projects
which:

(a)(cid:217)contribute  to 

lasting  economic  benefits  from  the

structural  improvement  in  question;

(b) offer  an  adequate  guarantee  of 

technical  and

economic  viability;

(c) avoid  counterproductive  effects,  particularly  the  risk

of  creating  surplus  production  capacity;

(d) encourage  the  taking  into  account  the  interests  of

the  sector  as  a  whole.

TITLE  IV

OTHER  MEASURES

Article  15

Measures  to  find  and  promote  new  market  outlets

1.(cid:218)(cid:217)Member  States  may,  under  the  conditions  specified
in  Annex  III,  take  measures  to  encourage  collective
operations  to  find  and  promote  new  market  outlets  for
fishery  and  aquaculture  products,  in  particular:

(a)(cid:217)operations  associated  with  quality 

certification,
product  labelling,  rationalisation  of  product  names
and  product  standardisation,

(b) promotion  campaings, 

including  those  highlighting

quality,

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(c) projects  to  test  consumer  reactions,

(d) organisation  of  and  participation  in  trade  fairs  and

exhibitions,

(e) organisation  of  study  and  sales  visits,

(f) market  studies  and  surveys,  including  studies  relating
to  the  prospects  for  marketing  Community  products
in  third  countries,

(g) campaigns  improving  marketing  conditions,

(h) sales  advice  and  aids,  services  provided  to  whole(cid:220)

salers  and  retailers.

2.(cid:218)(cid:217)Priority  is  to  be  given  to  investments:

(a)(cid:217)to  encourage  the  sale  of  surplus  or  under(cid:220)exploited

species,

(b) implemented  by  organsiations  officially  recognised
(EEC)  No
the  meaning  of  Regulation 

within 
3759/92,

(c) pursuing  a  quality  policy  for  fishery  and  aquaculture

products,

(d) to  promote  products  obtained  using  environmentally

friendly  methods.

3.(cid:218)(cid:217)The  measures  must  not  be  based 
around
commercial  brands  nor  make  reference  to  particular
countries  or  geographic  zones,  except  in  specific  cases
where  official  recognition  of  origin  with  reference  to  a
specified  geographical  zone  for  a  product  or  process  is
granted  pursuant  to  Regulation  (EEC)  No  2081/92  of
14  July  1992  on  the  protection  of  geografical  indications
and  designations  of  origin  for  agricultural  products  and
foodstuffs(cid:216)(˛).  The  reference  may  be  used  only  from  the
date  on  which  the  name  has  been  entered  in  the  register
provided  for  in  Article  6(3)  of  Regulation  (EEC)  No
2081/92.

Article  16

Operations  by  members  of  the  trade

1.(cid:218)(cid:217)The  Member  States  may  encourage  the  creation
and  facilitate  the  operation  of  producer  organisations
recognised  under  Regulation  (EEC)  No  3759/92:

(˛)(cid:217)OJ  L  208,  27.7.1992,  p.  1.  Regulation  last  amended  by

Regulation  (EC)  No  1068/97  (OJ  L  156,  13.6.1997).

(a)(cid:217)Aid  can  be  granted  to  producer  organisations  created
after  1  January  2000  for  three  years  following  the
date  of  recognition.  This  aid  for  the  first,  second  and
third  years  may  not  exceed:

(i) 3(cid:216)%,  2(cid:216)%  and  1(cid:216)%  respectively  of  the  value  of
the  products  marketed  by  the  producer  organi(cid:220)
sation;

(ii)(cid:217)60(cid:216)%,  40(cid:216)%  and  20(cid:216)%  respectively  of  the  admin(cid:220)
istrative  costs  of  the  producer  organisation;

(b) Without  prejudice  to  the  aid  referred  to  at  (a),  aid
may  be  granted  to  producer  organisations  that  have
been  specifically  recognised  under  Article  7a(1)  of
Regulation  (EEC)  No  3759/92  during  the  three
years  following  the  date  of  the  specific  recognition
to  facilitate  the  implementation  of  their  plans  to
improve  quality  and  marketing.  The  amount  of  this
aid  may  not  exceed,  for  the  first,  second  and  third
years:

(i) 3(cid:216)%,  2(cid:216)%  and  1(cid:216)%  respectively  of  the  value  of
the  products  covered  by  the  plan  and  marketed
by  the  beneficiary  producer  organisation;

(ii)(cid:217)60(cid:216)%,  50(cid:216)%  and  40(cid:216)%  respectively  of  the  costs
incurred  by  the  organisation  in  implementing  the
plan;

(c) The  aid  referred  to  at  (a)  and  (b)  shall  be  paid  to  the
final  beneficiaries  during  the  year  following  that  for
which 
than  31
December  2008.

it  was  granted,  and  not 

later 

2.(cid:218)(cid:217)The  Member  States  may  encourage  short(cid:220)term
operations  of  collective  interest  with  a  broader  scope
than  operations  normally  undertaken  by  private  business,
carried  out  with  the  active  contribution  of  members  of
the  trade  themselves  and  serving  to  attain  the  objectives
of  the  common  fisheries  policy.

Eligible  operations  shall  relate 
following  themes:

in  particular 

to 

the

(a)(cid:217)management  and  control  of  conditions  for  access  to

certain  fishing  zones  and  quota  management;

(b) management  of  fishing  effort;

(c) promotion  of  gear  or  methods  recognised  by  the

management  authority  as  being  more  selective;

(d) implementation  of  technical  measures  for  the  conser(cid:220)

vation  of  resources;

(e) collective  aquaculture 

facilities, 
improvement 
aquaculture 
of 
treatment  of  aquaculture  effluent;

restructuring  or
collective
sites, 

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(f) eradication  of  the  pathological  risks  of  fish  farming
coastal

areas  or 

catchment 

in 

or  parasites 
ecosystems;

(g) collection  of  basic  data  and/or  preparation  of
environmental  management  models  for  fisheries  and
aquaculture  with  a  view  to  drawing  up  integrated
management  plans  for  coastal  areas;

(h) organisation 
information 
and  commercial  information;

technologies 

electronic 

of 

trade 
to  disseminate 

and 

other
technical

(i) creation  of  business  incubators  in  the  sector  and/or
centres  for  the  collection  of  fishery  and  aquaculture
products;

(j) access  to  training,  particularly  in  quality,  and  organi(cid:220)
sation  of  transmission  of  know(cid:220)how  on  board  vessels
and  on  land;

(k) design  and  application  of  systems  to  improve  and
statistical
health 

control 
instruments  and  environmental  impact.

conditions, 

quality, 

Expenditure  incurred  in  the  normal  production  process
in  firms  shall  not  be  eligible  under  this  paragraph.

3.(cid:218)(cid:217)The  Comission  shall  adopt  detailed  rules  for  the
application  of 
the
procedure  laid  down  in  Article  50  of  Regualtion  (EC)
No  .(cid:216).(cid:216).  [general  Funds  regulation(cid:129).

in  accordance  with 

this  Article 

Article  17

Temporary  cessation  of  activities  and  other  financial
compensation

1.(cid:218)(cid:217)The  Member  States  may  grant  compensation  to
fishermen  and  owners  of  vessels  for  the  temporary
cessation  of  activities  in  the  following  circumstances:

(a)(cid:217)in 

the 

event  of  unforeseeable 

circumstances,
particularly  those  caused  by  biological  factors;  the
granting  of  compensation  may  last  for  no  more  than
two  months  per  year.  The  management  authority
shall 
the
suitable 
forward 
Commission  in  advance;

scientific  proof 

to 

(b) where  a  fisheries  agreement  is  not  renewed,  for  the
Community  fleets  dependent  on  the  agreement;  the
granting  of  compensation  may  not  last  longer  than
six  months;  it  may  be  extended  by  a  further  six
months  provided  a  conversion  plan  approved  by  the
Commission  is  implemented  for  the  fleet  concerned;

(c) where  a  plan  is  introduced  for  the  recovery  of  a
resource  threatened  with  exhaustion,  decided  by  the
Commission  or  by  one  or  some  Member  States;  the
granting  of  compensation  may  last  for  no  more  than
two  years  and  may  be  extended  by  a  further  year.
Compensation  may  also  be  granted,  subject  to  the
same  restrictions  as  to  duration,  to  the  processing
industry  where 
its  supply  on  a
it  depends  for 
resource  covered  by  a  recovery  plan.  Before  the
recovery  plan 
into  place  the  management
authority  shall  forward  to  the  Commission  suitable
scientific 
The
Commission  shall  request  without  delay  the  opinion
of  the  Committee  provided  for  in  Article  16  of
Regulation  (EEC)  No  3760/92.

justification. 

economic 

is  put 

and 

2.(cid:218)(cid:217)The  Member  States  may  grant  financial  compen(cid:220)
sation  to  fishermen  and  owners  of  vessels  where  a
Council  decision  imposes  technical  restrictions  on  the  use
of  certain  gear  or  fishing  methods;  this  aid  is  intended  to
cover  the  technical  adjustment  and  may  not  be  paid  for
more  than  six  months.

3.(cid:218)(cid:217)The  financial  contribution  from  the  FIFG  and  the
EAGGF  Guarantee  Section  to  the  measures  referred  to
in  paragraphs  1  and  2  per  Member  State  for  the  entire
period  from  2000  to  2006  may  not  exceed  the  higher  of
the  following  two  thresholds:  EUR  1  million  or  3(cid:216)%  of
the  Community  financial  assistance  allocated  to  the
sector  in  the  Member  State  concerned.

The  management  authority  shall  determine  the  amount
of  compensation  as  provided  for  in  paragraphs  1  and  2
to  be  paid  in  individual  cases  taking  account  of  relevant
parameters  such  as  the  real  losses  suffered,  the  scale  of
the  conversion  effort, 
technical
adjustment  effort.

recovery  plan  or 

4.(cid:218)(cid:217)The  measures  taken  under  this  Article  may  under
no  circumstances  be 
invoked  as  contributing  to  the
attainment  of  the  objectives  of  the  multiannual  guidance
programme  referred  to  in  Article  5,  nor  can  they  be
justified  by  a  recurrent  seasonal  suspension  of  activity  as
part  of  the  ongoing  management  of  fisheries.

Article  18

Innovative  measures  and  technical  assistance

1.(cid:218)(cid:217)The  Member  States  shall  envisage 
in  the  plans
referred  to  in  Article  3  and  4(1)  the  means  necessary  to
undertake  studies,  pilot  projects,  demonstration  projects,
training  measures,  technical  assistance,  the  exchange  of
experience  and  publicity  connected  with  the  preparation,
implementation,  monitoring,  evaluation  or  adjustment  of
the  operational  programmes  and  the  single  programming
documents.

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to 

test, 

scientific  body 

2.(cid:218)(cid:217)"Pilot  project’  means  a  project  carried  out  by  an
economic  operator  or 
in
conditions  approaching  actual  conditions  in  the  industry,
the  technical  reliability  and/or  financial  viability  of  an
innovative  technology  with  a  view  to  acquiring  and
disseminating  (technical  and/or  financial)  knowledge  of
the  technology  being  tested.  Pilot  projects  shall  always
comprise  scientific  monitoring  of  sufficient  intensity  and
duration  to  obtain  significant  results;  they  must  be  the
to 
subject 
the
reports 
management  authority.  The 
immediately
forward  such  reports  to  the  Commission  for  information.

latter  shall 

forwarded 

scientific 

of 

2.(cid:218)(cid:217)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  Annex  IV,  provided  they  comply
with  Article  92,  93  and  94  of  the  Treaty.

Article  21

Monetary  Conversion

Exploratory  fishing  projects  shall  be  eligible  as  pilot
projects  provided  their  aim  is  the  conservation  of  fishery
resources  and  they  implement  more  selective  techniques.

3.(cid:218)(cid:217)The  measures  referred  to  in  paragraph  1  may,  in
particular,  concern  the  themes  referred  to  in  Article
16(2),  provided  they  are  implemented  on  the  initiative  of
public  or  semi(cid:220)public  bodies  or  other  bodies  designated
to  that  end  by  the  management  authority.

in  euros  set  by 

For  Member  States  which  are  not  in  the  euro  zone,  the
amounts 
this  Regulation  shall  be
converted  into  national  currency  at  the  rate  published  in
the  C  series  of  the  Official  Journal  of  the  European
Communities.

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.

include 

the  construction  or 

They  may  also 
trans(cid:220)
formation  of  vessels  provided  that  these  vessels  are
destined  exclusively 
fisheries  research  activities,
undertaken  by  public  or  semi(cid:220)public  bodies,  under  the
flag  of  a  Member  State.

for 

4.(cid:218)(cid:217)In  addition,  the  measures  referred  to  in  paragraph  1
may  include  the  promotion  of  equal  employment  oppor(cid:220)
tunities  between  men  and  women  working  in  the  sector.

TITLE  V

GENERAL  AND  FINANCIAL  PROVISIONS

Article  19

Compliance  with  the  conditions  governing  assistance

The  management  authority  shall  ensure  that  the  special
conditions  governing  assistance  listed  in  Annex  III  are
complied  with.

It  shall  also  satisfy  itself  as  to  the  technical  capacity  of
beneficiaries  and  the  financial  viability  of  firms  before
granting  aid.

Article  20

Notification  of  aid  schemes

Article  22

Specific  provisions  on  measures  part(cid:220)financed  by  the
EAGGF  Guarantee  Section

1.(cid:218)(cid:217)Community  assistance  to  measures  financed  by  the
EAGGF  Guarantee  Section  shall  be  the  subject  of
financial  planning  and  annual  accounts.  Financial
planning  shall  be  an  integral  part  of  the  programming.

2.(cid:218)(cid:217)The  Commission  shall  fix  an  initial  allocation  to  the
Member  States,  broken  down  by  year,  based  on  objective
criteria  and  taking  account  of  the  particular  situations,
needs  and  efforts  to  be  made,  particularly  with  regard  to
the  restructuring  of  the  fleet.

3.(cid:218)(cid:217)The  initial  allocation  shall  be  adjusted  in  the  light
of  actual  expenditure  and  revised  expenditure  forecasts
submitted  by  the  Member  States,  taking  account  of  the
objectives  of  the  programmes,  insofar  as  resources  are
available  and  in  accordance  with  the  aid  rates  fixed  in
this  Regulation.

financial 

to
4.(cid:218)(cid:217)The  Community’s 
measures  part(cid:220)financed  by 
the  EAGGF  Guarantee
Section  shall  be  made  in  accordance  with  the  principles
laid  down  in  Articles  28,  29,  37  and  38  of  Regulation
(EC)  No  .(cid:216).(cid:216).  [general  Funds  regulation(cid:129).  However:

contribution 

1.(cid:218)(cid:217)The  Member  States  shall  notify  the  Commission  of
the  aid  schemes  provided  for  in  the  plans  referred  to  in
Articles  3  and  4(1),  in  accordance  with  Articles  92,  93
and  94  of  the  Treaty.

(a)(cid:217)the  Community’s  financial  contribution  may  not
exceed  50(cid:216)%  of  the  total  eligible  cost  and  shall
cover,  as  a  general  rule,  at  least  25(cid:216)%  of  the  eligible
public  expenditure;

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(b) the  rates  fixed  in  Article  28(4)(a)(ii)  and  (iii)  and
(b)(ii)  and  (iii)  of  Regulation  (EC)  No  .(cid:216).(cid:216).  [general
Funds  regulation(cid:129)  shall  apply.

-(cid:217)Articles  7,  paragraphs  1,  2  and  3,  and  7b  of  Regu(cid:220)

lation  (EEC)  No  3759/92,

-(cid:217)Regulation  (EEC)  No  3140/82(cid:216)(˛).

5.(cid:218)(cid:217)The  fifth  subparagraph  of  Article  31(1)  of  Regu(cid:220)
lation  (EC)  No  .(cid:216).(cid:216).  [general  Funds  regulation(cid:129)  shall  apply
to  payments.

the  EAGGF
6.(cid:218)(cid:217)Financial  assistance  granted  by 
Guarantee  Section  may  take  the  form  of  advances  for
the 
implementation  of  the  programme  or  payments
relating  to  expenditure  actually  incurred.

However,  the  repealed  provisions  shall  remain  applicable
for  aid,  measures  and  projects  approved  before  31
December  1999.

References  to  the  repealed  regulations  and  articles  shall
be  understood  as  references  to  this  Regulation.

Article  23

Implementing  rules

Article  25

Entry  into  force

The  form  of  the  expenditure  statements  and  annual
implementation 
the
Commission  in  accordance  with  the  procedure  laid  down
in  Article  50  of  Regulation  (EC)  No  .(cid:216).(cid:216).  [general  Funds
regulation(cid:129)  .

shall  be  adopted  by 

reports 

This  Regulation  shall  enter  into  force  on  the  third  day
following  that  of  its  publication  in  the  Official  Journal  of
the  European  Communities.

Article  24

Transitional  provisions

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

in 

its  entirety  and

The  following  are  repealed  with  effect  from  1  January
2000:

-(cid:217)Regulation  (EC)  No  3699/93

(˛)(cid:217)Council  Regulation  (EEC)  No  3140/82  of  22  November
1982  on  granting  and  financing  aid  granted  by  Member
States  to  producers’  organisations  in  the  fishery  products
sector  (OJ  L  331,  26.11.1982,  p.  7).

ANNEX  I

CONTENTS  OF  THE  PLANS

1. Quantified  description  of  the  actual  situation  for  each  of  the  fields  referred  to  in  Titles  II,  III  and  IV

(a)(cid:217)Strengths  and  weaknesses;

(b) Summary  of  operations  undertaken  and  impact  of  funds  used  in  previous  years;

(c) Requirements  of  the  sector,  particularly  with  regard  to  the  constraints  of  the  multiannual  giudance

programme  for  the  fishing  fleet.

2. Strategy  for  restructuring  the  sector

(a)(cid:217)Results  of  consultations  and  measures  to  involve  the  competent  authorities  and  bodies  and  socio(cid:220)

economic  partners  at  the  appropriate  levels;

(b) Objectives:

(i)(cid:217)general  objectives  under  the  common  fisheries  policy;

(ii)(cid:217)priorities;

(iii)(cid:217)objectives  specific  to  each  area  of  assistance,  quantified  if  possible.

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(c) Proof  that  the  public  aids  are  necessary  to  attain  the  objectives  sought;  steps  taken  to  prevent

counterproductive  effects,  particularly  as  regards  the  creation  of  surplus  capacity;

(d) With  regard  to  the  fleet:

(i)(cid:217)indicators  concerning  the  development  of  the  fleet  in  relation  to  the  objectives  of  the  multi(cid:220)

annual  guidance  programme;

(ii)(cid:217)fishing  techniques  and  gear  to  be  encouraged  in  the  event  of  redeployment  of  fishing  activities;

(e) anticipated  impact  (on  employment,  production,  etc.).

3. Means  to  attain  the  objectives

(a)(cid:217)The  measures  (legal,  financial  or  other)  planned  in  each  field  to  implement  the  plans,  particularly

aid  schemes;

(b) Indicative  financing  schedule  covering  the  entire  programming  period  and  listing  the  regional,

national,  Community  or  other  resources  provided  for  each  area  of  assistance.

(c) The  requirements  in  terms  of  studies,  pilot  projects,  demonstration  projects,  training,  technical
assistance  and  publicity  measures  connected  with  the  preparation,  implementation,  monitoring,
evaluation  or  adjustment  of  the  measures  concerned.

4. Implementation

(a)(cid:217)Management  authority  designated  by  the  Member  State;

(b) Steps  taken  to  ensure  efficient  and  effective  implementation,  including  monitoring  and  evaluation;

definition  of  the  quantified  indicators;

(c) Provisions  relating  to  checks,  penalties  and  publicity  measures;

(d) With  regard  to  the  fleet:

(i)(cid:217)The  methods  for  monitoring  trends  in  fishery  resources,  particularly  vulnerable  resources;

(ii)(cid:217)For  static  gear,  the  arrangements  for  monitoring  fishing  effort,  including  trends  in  the  number

and  size  of  gear.

ANNEX  II

MINIMUM  CONTENT  OF  MULTIANNUAL  GUIDANCE  PROGRAMMES  FOR  THE  FISHING
FLEET  FOR  2002  TO  2006

1. Updating  of  the  description  of  the  situation  provided  for  in  Annex  I

This  consists  in  describing  the  change  in  the  situation  regarding  fisheries,  the  fleet  and  related
employment  since  the  date  of  submission  of  the  programming  documents  referred  to  in  Articles  3  and
4(1).

2. Results  from  the  previous  programme

(a)(cid:217)Identify  and  comment  on  the  progress  achieved  in  attaining  the  objectives  set  for  the  1997  to  2001

programme.

(b) Analyse  the  general  administrative  and  socio(cid:220)economic  context  in  which  it  was  implemented  and  in

particular,  where  appropriate,  in  which  measures  to  reduce  fishing  activity  were  implemented.

(c) Specify  and  comment  on  the  Community,  national  and  regional  financial  resources  committed  in

attaining  the  results  achieved,  for  each  fleet  segment.

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3. New  guidelines

On  the  basis  of  the  replies  given  to  points  1  and  2  indicate  the  guidelines  which  should  be  given  to  the
various  fleet  segments  for  the  period  2002  to  2006,  in  particular  in  relation  to  the  following  two
operations:

(a)(cid:217)Fleet  renewal:  criteria  for  joining  and  leaving  the  fleet,  for  each  segment  and  associated  funding.
Legal  or  administrative  provisions  enabling  the  Member  State  to  monitor  vessels  joining  and  leaving
its  fleet.  Measures  taken  by  the  Member  State  per  fleet  segment  to  ensure  that  public  aid  granted  for
fleet  renewal  and  adjustment  of  fishing  effort  does  not  have  contradictory  effects  where  the  pursuit
of  the  objectives  of  the  programmes  is  concerned;

(b) Adjustment  of  fishing  effort:  desirable  evolution  of  fishing  effort  per  segment  until  31  December
2006,  expressed  in  relation  to  the  objectives  set  for  each  segment  for  31  December  2001.  Associated
laws,  regulations  or  administrative  provisions.  Systems  for  managing  fishing  activity.  Extent  of
administrative  and  financial  resources  to  be  used  to  attain  the  new  objectives  thus  set.

ANNEX  III

SPECIAL  CONDITIONS  AND  CRITERIA  FOR  ASSISTANCE

1.

Implementation  of  multiannual  guidance  programmes  (Title  II)

1.0. Age  of  vessels

For  the  purposes  of  this  Regulation,  the  age  of  a  vessel  is  a  whole  number  defined  as  the  difference
between  the  year  of  the  management  authority’s  decision  to  grant  a  premium  or  aid  and  the  year  in
which  the  vessel  was  built  (or,  if  this  is  not  known,  the  year  of  commissioning).

1.1. Permanent  withdrawal  (Article  8(2))

(a)(cid:217)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  the  application
for  permanent  withdrawal  or,  as  the  case  may  be,  a  fishing  activity  for  at  least  80(cid:216)%  of  the
number  of  days  at  sea  permitted  by  current  national  regulations  for  the  vessel  concerned.  In  the
Baltic  Sea  the  number  of  75  days  shall  be  reduced  to  60  for  vessels  registered  in  ports  situated
north  of  parallel  59›(cid:216)30(cid:190) N.

(b) The  following  conditions  must  be  met:

(i) prior  to  its  permanent  withdrawal,  the  vessel  must  be  registered  in  the  Community  fishing

vessel  register;

(ii) the  vessel  must  be  operational  at  the  time  the  decision  is  taken  to  grant  the  premium;

(iii) after  permanent  withdrawal,  the  fishing  licence  must  be  cancelled  and  the  vessel  declared

permanently  deleted  from  the  Community  register;

(iv)(cid:217)in  the  event  of  permanent  transfer  to  a  third  country,  the  vessel  must  be  immediately
registered  in  the  register  of  the  third  country  and  may  never  return  to  Community  waters.

(c) If  a  vessel  is  lost  between  the  date  of  the  decision  to  grant  the  premium  and  the  actual  date  of
permanent  withdrawal,  the  management  authority  shall  make  a  financial  correction  for  the
amount  of  the  compensation  paid  by  the  insurance.

(d) No  public  aid  within  the  meaning  of  Article  8  may  be  paid  for  a  vessel  transferred  to  a  third
country  to  replace  a  lost  vessel  belonging  to  a  joint  enterprise  within  the  meaning  of  Article  9.

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1.2. Joint  enterprises  (Article  9)

(a)(cid:217)In  addition  to  the  conditions  for  the  permanent  transfer  of  a  vessel  to  a  third  country  within  the
meaning  of  Article  8(2)(b)  and  point  1.1  of  this  Annex,  such  vessels  must  meet  the  following
conditions:

(i)(cid:217)they  must  have  been  operating  for  at  least  the  last  five  years,  under  the  flag  of  a  Member  State
of  the  Community,  in  Community  waters  and/or  in  the  waters  of  a  third  country  that  has
concluded  a  fisheries  agreement  with  the  Community;

(ii)(cid:217)they  must,  within  six  months  of  the  date  of  the  decision  to  grant  the  additional  premium,  be
fitted  out  with  the  technical  equipment  needed  to  operate  in  the  waters  of  the  third  country
under  the  terms  of  the  fishing  authorisation  issued  by  the  authorities  of  the  third  country;  they
must  comply  with  the  Community  safety  regulations  and  be  adequately  insured  as  decided  by
the  management  authority;

(b) When  the  application  for  the  additional  premium  is  lodged,  beneficiaries  must  provide  the

management  authority  with  the  following  information:

(i)(cid:217)a  description  of  the  vessel,  including,  in  particular,  the  internal  numer,  registration  number,

tonnage,  power  and  year  of  entry  into  service;

(ii)(cid:217)during  the  last  five  years:  service  and  activity  of  the  vessel  (and  conditions  under  which  the
activity  was  carried  on);  indication  of  fishing  zones  (Community  waters/other);  any  previous
Community,  national  or  regional  aid  received;

(iii)(cid:217)proof  of  the  project’s  financial  viability,  including,  in  particular:

-(cid:217)a  financing  plan  showing  the  contributions  of  the  different  shareholders  in  cash  and  in

kind;  level  of  contribution  of  Community/third  country  partners;

-(cid:217)an  activity  plan  covering  at  least  five  years,  showing,  in  particular,  fishing  zones,  places  of

landing  and  final  destination  of  catches;

(iv) a  copy  of  the  insurance  contract.

(c) The  following  conditions  must  be  met  by  the  beneficiary  during  a  period  of  five  years  from  the

transfer  of  ownership  of  the  vessel  to  the  joint  enterprise:

(i)(cid:217)any  change  in  the  conditions  under  which  the  vessel  is  operated  (particularly  change  of
partner,  change  in  the  share  capital  of  the  joint  enterprise,  change  of  flag),  within  the  limits  of
the  conditions  referred  to  in  Article  9(2),  shall  be  subject  to  prior  authorisation  by  the
management  authority;

(ii)(cid:217)A  vessel  lost  through  shipwreck  must  be  replaced  by  an  equivalent  vessel  within  one  year  of

the  payment  of  compensation  for  the  accident  by  the  insurance  company.

(d) If  the  conditions  at  (a)  and  (b)  are  not  fulfilled  when  the  application  for  the  additional  premium  is
lodged,  the  public  aid  shall  be  restricted  to  the  premium  for  permanent  transfer  referred  to  in
Article  8(3)(b).

(e) Without  prejudice  to  Articles  29(4)  and  38  of  Regulation  (EC)  No  .(cid:216).(cid:216).  [general  Funds  regulation(cid:129),

the  management  authority  shall  carry  out  a  financial  correction  in  the  following  cases:

(i)(cid:217)if  the  beneficiary  notifies  to  the  management  authority  a  change  in  operating,  conditions  that
lead  to  the  non  respect  of  the  conditions  referred  to  in  Article  9(2)  of  this  Regulation,
including  the  sale  of  the  vessel  or  the  retirement  of  the  Community  shipowner  in  the  joint
venture,  the  financial  correction  shall  be  equal  to  part  of  the  amount  of  the  additional
premium;  this  part  shall  be  calculated  pro  rata  temporis  over  the  period  of  five  years;

(ii)(cid:217)if  during  a  control  it  is  found  that  the  conditions  provided  for  in  Article  9(2)  of  this  Regu(cid:220)
lation  and  point  (c)  of  this  paragraph  are  not  complied  with,  the  financial  correction  shall  be
equal  to  the  additional  premium;

(iii)(cid:217)if  the  beneficiary  fails  to  provide  the  activity  reports  provided  for  in  Article  9(5)  of  this  Regu(cid:220)
lation  after  having  been  served  notice  by  the  management  authority,  the  financial  correction
shall  be  equal  to  part  of  the  amount  of  the  additional  premium;  this  part  shall  be  calculated
pro  rata  temporis  over  the  period  of  five  years;

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(iv) if  the  vessel  is  lost  and  not  replaced,  the  financial  correction  shall  be  equal  to  the  insured

value.

1.3. Fleet  renewal  (Article  10)

(a)(cid:217)Vessels  must  be  built  to  comply  with  the  regulations  and  directives  governing  hygiene  and  safety
and  the  Community  provisions  concerning  the  dimension  of  vessels  and  the  monitoring  of  fishing
activities.  They  shall  be  entered  in  the  appropriate  segment  of  the  Community  register.

(b) Without  prejudice  to  Article  8  and  9,  the  transfer  of  ownership  of  a  fishing  vessel  shall  not  give

rise  to  Community  aid.

1.4. Vessel  modernisation  (Article  10)

(a)(cid:217)Vessels  must  be  entered  in  the  Community  register  of  fishing  vessels,  and  their  dimensions  must  be

brought  into  line  with  Regulation  (EEC)  No  2930/86  when  they  are  modernised.

(b) Investments  should  relate  to:

(i)(cid:217)the  rationalisation  of  fishing  operations,  in  particular  by  the  use  of  more  selective  fishing  gear

and  methods,

and/or

(ii)(cid:217)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

(iii)(cid:217)improvement  of  working  and  safety  conditions.

Without  prejudice  to  Article  17(2),  the  replacement  of  fishing  gear  shall  not  be  considered  eligible
expenditure.

(c) Operations  may  cover  only  vessels  less  than  30  years  old.  This  age  limit  shall  not  apply  to  the

investments  referred  to  in  paragraph  (b)(iii).

2.

Investment  in  the  areas  referred  to  in  Title  III

2.0. General  provisions

(a)(cid:217)Projects 

in  undertakings  may 

involve  capital 

investment 

in  production  and  management

(construction,  equipping  and  modernisation  of  facilities).

(b) The  transfer  of  ownership  of  property  linked  to  productive  activities  may  not  give  rise  to  the  grant

of  Community  aid.

2.1. Protection  of  marine  resources  in  coastal  waters

Expenditure  eligible  for  assistance  from  the  FIFG  or  the  EAGGF  Guarantee  Section  may  concern  only
the  installation  of  fixed  or  movable  facilities  to  enclose  protected  underwater  areas  and  the  scientific
monitoring  of  projects.  Such  projects  must:

(a)(cid:217)be  of  collective  interest,

(b) be  implemented  by  public  or  semi(cid:220)public  bodies,  recognised  professional  organisations  or  other

bodies  designated  to  that  end  by  the  management  authority,

(c) not  have  a  negative  impact  on  the  marine  environment.

Each  project  must  include  scientific  monitoring  for  at  least  five  years,  comprising  in  particular  the
evaluation  and  monitoring  of  the  development  of  marine  resources  in  the  waters  concerned.  The
management  authority  shall  forward  the  scientific  monitoring  reports  to  the  Commission  every  year
for  information.

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2.2. Aquaculture

(a)(cid:217)For  the  purposes  of  this  Regulation,  "aquaculture’  means  the  rearing  or  culture  of  aquatic
organisms  using  techniques  (stocking,  feeding,  protection  from  predators,  etc.)  designed  to
in  question  beyond  the  natural  capacity  of  the
increase  the  production  of  the  organisms 
environment;  the  organism  remain  the  property  of  a  natural  or  legal  person  throughout  the
rearing  or  culture  stage,  up  to  and  including  harvesting.

(b) The  promoters  of  intensive  fish(cid:220)farming  projects  shall  forward  the  information  provided  for  in
Annex  IV  to  Directive  85/337/EEC(cid:216)(˛)  to  the  management  authority  together  with  their
application  for  public  aid.  The  management  authority  shall  decide  wheter  the  project  must  be
submitted  for  assessment  under  Articles  5  to  10  of  that  Directive.  Where  the  public  aid  is  granted
the  cost  of  collecting  information  on  environmental  impact  and  any  assessment  costs  shall  be
eligible  for  assistance  from  the  FIFG  or  the  EAGGF  Guarantee  Section.

(c) Investment  in  works  concerning  the  installation  or  improvement  of  water  circulation  in  aqua(cid:220)

culture  enterprises  and  on  service  vessels  shall  be  eligible.

(d) Capital  investment  to  improve  conditions  of  hygiene  or  human  or  animal  health,  to  improve

product  quality  or  reduce  pollution  of  the  environment  shall  be  eligible.

(e) Notwithstanding  group  2  in  Table  3  in  point  2.1  of  Annex  IV,  where  investments  concern  the  use
of  techniques  that  substantially  reduce  environmental  impact,  the  contribution  of  private  benefi(cid:220)
ciaries  (C)  may  be  restricted  to  30(cid:216)%  of  eligible  expenditure  in  Objective  1  regions  and  50(cid:216)%  in
other  areas,  instead  of  40(cid:216)%  and  60(cid:216)%  respectively.

2.3. Fishing  port  facilities

Investments  must  be  of  interest  to  all  fishermen  using  a  port  and  must  contribute  to  the  general  devel(cid:220)
opment  of  the  port  and  to  the  improvement  of  services  offered  to  fishermen.  They  shall  relate  in
particular  to  installations  and  equipment  intended:

(a)(cid:217)to  improve  the  conditions  under  which  fishery  products  are  landed,  treated  and  stored  in  ports,

(b) to  support  fishing  vessel  activities  (provision  of  fuel,  ice  and  water,  maintenance  and  repair  of

vessels),

(c) to  improve  jetties  with  a  view  to  improving  safety  during  the  landing  or  loading  of  products.

Capital  investment  to  improve  conditions  of  hygiene  or  human  or  animal  health,  to  improve  product
quality  or  reduce  pollution  of  the  environment  shall  be  eligible.

2.4. Processing  and  marketing

(a)(cid:217)For  the  purpose  of  this  Regulation, 
products’  means  all  operations, 
between  the  time  of  landing  and  the  end(cid:220)product  stage.

"processing  and  marketing  of  fishery  and  aquaculture
including  handling,  treatment,  production  and  distribution,

(b) Investments  shall  not  be  eligible  for  assistance  where  they  concern:

(i)(cid:217)fishery  and  aquaculture  products  intended  to  be  used  and  processed  for  purposes  other  than
investments  exclusively  for  the  treatment,

human  consumption,  with  the  exception  of 
processing  and  marketing  of  fishery  and  aquaculture  product  wastes,

(ii)(cid:217)the  retail  trade.

Capital  investment  to  improve  conditions  of  hygiene  or  human  or  animal  health,  to  improve
product  quality  or  reduce  pollution  of  the  environment  shall  be  eligible.

(˛)(cid:217)Council  Directive  85/337/EEC  of  27  June  1985  on  the  assessment  of  the  effects  of  certain  public  and  private  projects
on  the  environment  (OJ  L  175,  5.7.1985,  p.  40).  Directive  last  amended  by  Directive  97/11/EC  (OJ  L  73,  14.3.1997,
p.  5).

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(c) Notwithstanding  group  2  in  Table  3  in  point  2.1  of  Annex  IV,  where  investments  concern  the  use
of  collective 
the
contribution  of  private  beneficiaries  (C)  may  be  restricted  to  30(cid:216)%  of  eligible  expenditure  in
Objective  1  regions  and  50(cid:216)%  in  others  areas,  instead  of  40(cid:216)%  and  60(cid:216)%  respectively.

that  substantially  reduce  environmental 

facilities  or 

techniques 

impact, 

3. Measures  to  find  and  promote  new  market  outlets  (Article  15)

(a)(cid:217)Eligible  expenditure  shall  cover  in  particular:

(i)(cid:217)the  costs  of  advertising  agencies  and  other  service  providers  involved  in  the  preparation  and

implementation  of  promotion  campaigns,

(ii)(cid:217)the  purchase  or  hire  of  advertising  space  and  the  creation  of  slogans  and  labels  for  the

duration  of  promotion  campaigns,

(iii)(cid:217)expenditure  on  publishing,  external  staff,  premises  and  vehicles  required  for  the  campaigns.

(b) The  beneficiary’s  operating  costs  (staff,  equipment,  vehicles,  etc.)  shall  not  be  eligible.

ANNEX  IV

SCALES  AND  RATES  OF  ASSISTANCE

1. Scales  of  assistance  relating  to  fishing  fleets  (Title  II)

TABLE  1

Category  of  vessel  by  tonnage
(GT)

EUR

0,2(cid:216)q 10
10(cid:216)(cid:217)(cid:216)q 25
25(cid:216)(cid:217)(cid:216)q 100
100(cid:216)(cid:217)(cid:216)q 300
300(cid:216)(cid:217)(cid:216)q 500
500  and  above

9(cid:216)675/GT(cid:216)+(cid:216)(cid:217)(cid:217)1(cid:216)428

4(cid:216)879/GT(cid:216)+(cid:216)(cid:217)49(cid:216)388

4(cid:216)189/GT(cid:216)+(cid:216)(cid:217)66(cid:216)638

2(cid:216)794/GT(cid:216)+(cid:216)206(cid:216)138

2(cid:216)275/GT(cid:216)+(cid:216)361(cid:216)838

1(cid:216)244/GT(cid:216)+(cid:216)877(cid:216)338

TABLE  2

Category  of  vessel  by  gross  registered  tonnes
(GRT)

EUR

0(cid:216)(cid:217)(cid:216)q 25
25(cid:216)(cid:217)(cid:216)q 50
50(cid:216)(cid:217)(cid:216)q 100
100(cid:216)(cid:216)(cid:217)q 250

7(cid:216)396/grt

6(cid:216)051/grt(cid:216)+(cid:216)(cid:217)33(cid:216)625

5(cid:216)379/grt(cid:216)+(cid:216)(cid:217)67(cid:216)225

2(cid:216)689/grt(cid:216)+(cid:216)336(cid:216)225

From  1  January  2000,  for  vessels  longer  than  24  metres  between  perpendiculars,  and  from  1  January
2004,  for  all  vessels,  only  Table  1  shall  apply.

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2. Participation  rates

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

Group  1:  Permanent  withdrawal  premiums  (Article  8),  additional  premiums  for  the  creation  of  joint
enterprises  part(cid:220)financed  by  the  FIFG  or  the  EAGGF  Guarantee  Section  (Article  9),  small(cid:220)scale  coastal
fishing  (Article  12),  socio(cid:220)economic  measures  (Article  13),  protection  of  marine  resources  in  coastal
waters  (Article  14),  fishing  port  facilities  with  no  participation  by  private  beneficiaries  (Article  14),
measures  to  find  and  promote  new  market  outlets  with  no  participation  by  private  beneficiaries  (Article
15),  operations  by  members  of  the  trade  (Article  16),  temporary  cessation  premiums  and  other  financial
compensation  (Article  17),  innovative  measures  and  technical  assistance  except  pilot  projects  (Article  18)

Group  2:  Fleet  renewal  and  modernisation  of  fishing  vessels  (Article  10)

Group  3:  Aquaculture  (Article  14),  fishing  port  facilities  with  participation  by  private  beneficiaries
(Article  14),  processing  and  marketing  (Article  14),  measures  to  find  and  promote  new  market  outlets
with  participation  by  private  beneficiaries  (Article  15)

Group  4:  pilot  projects  (Article  18)

TABLE  3

Group  1

Group  2

Group  3

Group  4

Objective  No  1  Regions(cid:216)(˛)

50(cid:216)%(cid:216)R A(cid:216)R 75(cid:216)%
B(cid:216)8 25(cid:216)%

Other  areas

25(cid:216)%(cid:216)R A(cid:216)R 50(cid:216)%
B(cid:216)8 50(cid:216)%

A(cid:216)R 35(cid:216)%
B(cid:216)8 5(cid:216)%
C(cid:216)8 60(cid:216)%

A(cid:216)R 15(cid:216)%
B(cid:216)8 5(cid:216)%
C(cid:216)8 60(cid:216)%

A(cid:216)R 35(cid:216)%
B(cid:216)8 5(cid:216)%
C(cid:216)8 40(cid:216)%

A(cid:216)R 15(cid:216)%
B(cid:216)8 5(cid:216)%
C(cid:216)8 60(cid:216)%

A(cid:216)R 75(cid:216)%
B(cid:216)8 5(cid:216)%
C(cid:216)8 20(cid:216)%

A(cid:216)R 50(cid:216)%
B(cid:216)8 5(cid:216)%
C(cid:216)8 30(cid:216)%

(˛)(cid:217)Within  the  meaning  of  Article  2(1)  of  this  Regulation.

In  Group  1,  where  appropriate,  the  management  authority  may  require  a  financial  contribution  from  the
private  sector,  particularly  in  the  case  of  the  protection  of  marine  resources  in  coastal  waters  or
operations  by  members  of  the  trade.  Eligible  expenditure  shall  be  reduced  accordingly.

In  the  case  of  investments  in  small  and  medium(cid:220)sized  enterprises  within  the  meaning  of  Commission
Recommendation  96/280/EC(cid:216)(˛)  the  (A)  rates  for  groups  2  and  3  may  be  increased  to  the  extent  that
forms  of  financing  other  than  direct  aids  are  used,  without  this  increase  exceeding  10(cid:216)%  of  the  total
eligible  cost.  The  contribution  of  the  private  beneficiary  shall  be  reduced  accordingly.

(˛)(cid:217)Commission  Recommendation  of  3  April  1996  concerning  the  definition  of  small  and  medium(cid:220)sized  enterprises

(96/280/EC)  (OJ  L  107,  30.4.1996,  p.  4).