2001/382/EC: Council Decision of 14 May 2001 on a Community financial contribution towards certain expenditure to implement certain management measures on highly migratory fish
Date: 2001-05-14
Institutions: Council of the European Union
Subjects: EU Member State, EU control, co-financing, conservation of fish stocks, fishery management, fishing regulations

19.5.2001

EN

Official Journal of the European Communities

L 137/25

II

(Acts whose publication is not obligatory)

COUNCIL

COUNCIL DECISION

of 14 May 2001

on a Community financial contribution towards certain expenditure to implement certain manage-
ment measures on highly migratory fish

(2001/382/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, and in particular Article 37 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament (1),

Whereas:

(1)

(2)

(3)

The European Community has been a Contracting Party
to the International Convention for the conservation of
Atlantic Tunas, hereinafter called ‘the ICCAT Conven-
tion’ since 14 November 1997.

The ICCAT Convention represents a framework for
regional cooperation on the conservation and manage-
ment of
tunas and tuna-like species in the Atlantic
Ocean and adjoining seas through the setting up of an
International Commission for
the Conservation of
Atlantic Tunas, hereinafter called ‘ICCAT’, and the adop-
tion of recommendations on conservation and manage-
ment in the convention area which will become binding
on the Contracting Parties.

At its 11th special meeting on 16 to 23 November
1998, ICCAT adopted a recommendation on the imposi-
tion of a time/area closure linked to the use of fish
aggregating devices which became mandatory for the
Contracting Parties on 21 June 1999. Council Regula-
tion (EC) No 973/2001 of 14 May 2001 laying down
certain technical measures
the conservation of
certain stocks of highly migratory species (2) incorpor-
ates this recommendation into Community law.

for

(4)

(5)

(6)

(7)

In order to ensure compliance with the measure, provi-
sion is made for an observer to remain on board each
vessel during the period concerned. Detailed arrange-
ments should be adopted therefore governing the assign-
ment of observers, their tasks and the payment of the
costs they incur.

Member States should ensure that vessels flying their
flag and operating in the ICCAT area comply with the
conservation and management measures applicable in
the area. It is necessary for the Member States to see to it
therefore that the system of observers is applied.

The Member States must take steps to ensure that obser-
vers are placed on board vessels flying their flags and are
reimbursed the costs arising from their assignment.

In order to facilitate the application of the system of
observers, provision should be made for a financial
contribution from the Community towards the expendi-
ture incurred in assigning observers during the period 1
November 2000 to 31 January 2001. The contribution
would be conditional on the costs being taken over by
the Member States once the system has become routine,

HAS ADOPTED THIS DECISION:

Article 1

1.
The costs arising from the assignment of observers
deployed under the provisions of Article 3 of Regulation (EC)
No 973/2001 shall be borne by the Member State which
makes the appointment.

(1) Opinion delivered on 28 February 2001 (not yet published in the

Official Journal).

(2) See page 1 of this Official Journal.

2. Member States may pass on these costs, in whole or in
part, to the owners of the Community fishing vessels referred
to in Article 1 of Regulation (EC) No 973/2001.

L 137/26

EN

Official Journal of the European Communities

19.5.2001

Article 2

1.
In order to facilitate the introduction of the system of
observers, the Community may contribute to the financing of
the expenditure of the Member States arising from the assign-
ment of the observers, for the period 1 November 2000 to 31
January 2001.

2.
The Community contribution shall be 50 % of the expen-
diture from public funds incurred by each Member State in
making the assignment.

3. Member States wishing to qualify for a financial contribu-
tion shall submit
to the Commission by 1 April 2001 a
detailed report on:

— the number of observers assigned;
— the number of vessels concerned;
— the name of the vessel observed and the period for which

each observer was assigned;
— the final report of each observer.

4. Member States wishing to qualify for a financial contribu-
tion from the Community shall submit an application for
reimbursement of the expenditure referred to in paragraph 2
together with two copies of supporting documents by 1 May
2001 at the latest. The supporting documents shall include at
least the main points of the agreement between the Member

State and the service provider(s), and evidence of the payments
concerned.

Member States shall provide assurances that the expenditure
has been incurred in compliance with the principles of sound
this
financial management and with the requirements of
Decision.

5. Member States shall provide the Commission with the
information necessary to enable it to verify compliance with
the requirements of this Decision, in particular regarding the
assignment of observers in respect of whom the Community
has made a financial contribution.

Article 3

This Decision shall apply from the day of its publication in the
Official Journal of the European Communities.

This Decision is addressed to the Member States.

Done at Brussels, 14 May 2001.

For the Council

The President

L. REKKE