Proposal for a Council Regulation amending Regulation (EC) No 2792/1999 laying down the detailed rules and arrangements regarding Community structural assistance in the fisheries sector
Date: 2001-06-14
Institutions: European Commission
Subjects: FIFG, Structural Funds, fishing fleet, fishing industry, structural policy

C 270 E/80

EN

Official Journal of the European Communities

25.9.2001

Proposal for a Council Regulation amending Regulation (EC) No 2792/1999 laying down the
detailed rules and arrangements regarding Community structural assistance in the fisheries sector

(2001/C 270 E/08)

(Text with EEA relevance)

COM(2001) 322 final (cid:151) 2001/0129(CNS)

(Submitted by the Commission on 14 June 2001)

THE COUNCIL OF THE EUROPEAN UNION,

HAS ADOPTED THIS REGULATION:

Having regard to the Treaty establishing the European
Community, and in particular Articles 36 and 37 thereof,

Article 1

Regulation (EC) No 2792/1999 is amended as follows:

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament,

1.

In Article 4, paragraph 3,
(cid:145)1 May 2002(cid:146).

(cid:145)1 May 2001(cid:146)

is replaced by

Having regard to the opinion of
Committee,

the Economic and Social

2.

In Article 6, paragraph 2 is deleted.

Whereas:

3.

In Article 7, paragraph 3, point (b), the following point is
inserted:

(1) Council Regulation (EC) No 2792/1999 (1) contains in
particular provisions connected with the implementation
of the multiannual guidance programmes for the fishing
fleets.

(2) Council Decision 2001/. . ./EC amends several provisions of
Council Decision 97/413/EC of 26 June 1997 concerning
the objectives and detailed rules for
restructuring the
Community fisheries sector for the period from 1 January
1997 to 31 December 2001 with a view to achieving a
balance on a sustainable basis between resources and their
exploitation (2).
its period of
validity until 31 December 2002.

In particular,

it extends

(3) The provisions of Regulation (EC) No 2792/1999
concerning public aid for the renewal and modernisation
of the fleet should be strengthened in order to ensure that
fishing effort does not increase, in particular by requiring
that fishing effort objectives be met in all segments of the
fleet before aid may be granted, and that no aid be granted
where such objectives have been met by a reduction in
activity rather than capacity.

(4) Public aid should not be made available for the permanent
transfer of fishing vessels to certain third countries that
have been identified by the relevant
fisheries
fishing in a
organisations
manner which jeopardises the effectiveness of international
conservation measures.

that permit

countries

regional

as

(5) Regulation (EC) No 2792/1999 should therefore be

amended accordingly,

(1) OJ L 337, 30.12.1999, p. 10.
(2) OJ L 175, 3.7.1997, p. 27.

(cid:145)(iv) if the third country to which the vessel is to be trans-
ferred is not a Contracting or Co-operating Party to
relevant regional fisheries organisations, that country
has not been identified by such organisations as one
which permits fishing in a manner which jeopardises
the
conservation
measures;(cid:146).

international

effectiveness

of

4.

In Article 9 paragraph 1 is replaced by the following:

(cid:145)1. Without prejudice to the conditions laid down in the
second subparagraph of Article 3(3), public aid for fleet
renewal and modernisation shall be granted only on the
following conditions and those set out in Article 6 and
Annex III and provided that the annual objectives in all
the segments of the multiannual guidance programme are
respected:

(a) public aid can be granted only for vessels belonging to
segments for which the annual objectives of the multi-
annual guidance programme have been achieved only
by a reduction in capacity and not by a reduction in
activity;

(b) where

for

the

the

annual objectives

segments
concerned are respected, Member States must ensure
that during the programming period from 2000 to
2006 the entry of new capacity with public aid is
compensated by the withdrawal of a capacity without
public aid which is at least equal to the new capacity
introduced in the
taken in
segments
aggregate and in terms of both tonnage and power;

concerned,

25.9.2001

EN

Official Journal of the European Communities

C 270 E/81

(c) public aid may also be granted for the equipping or
modernising of vessels where this does not concern
capacity measured in terms of either tonnage or power.

6.

In Article 16, paragraph 2, the words (cid:145)where a Council
Decision imposes technical restrictions(cid:146) are replaced by
the words
imposes
technical restrictions(cid:146).

(cid:145)where Community

legislation

The Council shall, acting in accordance with the procedure
laid down in Article 37 of
the Treaty, decide by
31 December 2002 on any necessary adjustments to be
applied as from 1 January 2003 to the provisions of this
paragraph.(cid:146).

5.

In Article 10, paragraph 1, point (d), the words (cid:145)overall
annual objectives(cid:146) are replaced by (cid:145)annual objectives in
all the segments(cid:146);

Article 2

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

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