Proposal for a Council Regulation aiming to promote the conversion of vessels and of fishermen that were, up to 1999, dependent on the fishing agreement with Morocco
Date: 2001-07-19
Institutions: European Commission
Subjects: Morocco, Structural Funds, agreement (EU), aid for restructuring, cessation of trading, fishing agreement, fishing vessel, product diversification, redevelopment aid

C 270 E/266

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Official Journal of the European Communities

25.9.2001

Proposal for a Council Regulation aiming to promote the conversion of vessels and of fishermen
that were, up to 1999, dependent on the fishing agreement with Morocco

(2001/C 270 E/32)

(Text with EEA relevance)

COM(2001) 384 final (cid:151) 2001/0163(CNS)

(Submitted by the Commission on 20 July 2001)

THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament,

Having regard to the opinion of
Committee,

the Economic and Social

Whereas:

(1) The agreement on the relations as regards sea fishing
between the European Community and the Kingdom of
Morocco (hereafter named (cid:145)the fisheries agreement with
Morocco(cid:146)), became null and void on 30 November 1999;
consequently, a significant number of Community vessels
that operated within this framework were forced to stop
their fishing activities at that date.

(2) The fishermen and owners of

connection from the

the vessels concerned
allowances
benefited in this
(b), of Regulation
provided for in Article 16(1), point
(EC) No 2792/1999 (1) with the
the
assistance of
Financial Instrument for Fisheries Guidance (FIFG), under
the derogation conditions laid down by Regulation (EC)
No 1227/2001 (2).

(3) It is justified to encourage, by appropriate measures at the
Community level, the implementation of the conversion
plans of
the fleets concerned as approved by the
Commission on 18 October 2000 (3).

(4) It is necessary to facilitate the permanent cessation activity
of the vessels, whether by demolition or by transfer to a
joint
third country,

including within the framework of

(1) Council Regulation (EC) No 2792/1999 of 17 December 1999
regarding
laying down the detailed rules and arrangements
Community structural assistance in the fisheries sector (OJ L 337,
30.12.1999, p. 10).

(2) Regulation (EC) No 1227/2001 of the Council of 18 June 2001
derogating
(EC)
No 2792/1999 laying down the detailed rules and arrangements
regarding Community structural assistance in the fisheries sector
(OJ L 168, 23.6.2001, p. 1).

from certain

Regulation

provisions

of

(3) Commission Decisions No C(2000) 3059 and C(2000) 3060 of
18 October 2000 concerning the conversion plan for the Spanish
and Portuguese fleets operating in the waters of Morocco.

it

is

enterprises;
the
also appropriate
replacement of fishing gear for the permanent conversion
towards other fishing activities, whatever the age of the
vessel and even if it were the subject of public aid for
construction.

to facilitate

(5) Consequently, there is a need for derogations from certain

provisions of Regulation (EC) No 2792/1999.

(6) Moreover, in the spirit of the conclusions of the European
Council of Nice (4), the European Union should signal its
solidarity with the Member States concerned, by means of
an additional financial effort, over and above the amounts
made
financial
inside heading 2 of
perspectives for the budget of the European Union, as
fixed at the European Council of Berlin on 25 March
1999.

available

the

(7) Consequently, a specific measure of

the Community
should be instituted to execute the appropriations in
question in order to implement part of the conversion
plans, on the understanding that the other parts of the
aforementioned plans will have to be carried out with the
assistance of FIFG appropriations.

(8) The complementary appropriations available should be
devoted to the specific measure, on the one hand to the
restructuring of the fleet, and on the other hand to the
fishermen’s early retirement or retraining, away from sea
fishing, under individual or collective social plans.

(9) The specific measure must be consistent with the general
principles of the structural policy in the fisheries sector; in
particular distortions must be avoided with the provisions
in force for
the FIFG appro-
priations; an operational mechanism of management
must also be envisaged as close as possible of that in
force for the Community Structural Funds, as fixed by
Regulation (EC) No 1260/1999 (5).

the implementation of

third countries must

(10) The vessels due to operate in international waters or in
the inter-
waters of
national
law with regard to the conservation of fishing
resources and in particular the United Nations Convention
on the Law of Seas as well as the FAO Code or Conduct.

fully respect

(4) Document SN 400/00 ((cid:145)conclusions of the Presidency(cid:146)), point 59.
(5) Council Regulation (EC) No 1260/1999 of 21 June 1999 laying
down general provisions on the Structural Funds (OJ L 161,
26.6.1999, p. 1).

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(11) The socio-economic diversification of

regional

integrated

operational

and multi-regional programmes

the coastal areas
dependent on fishing naturally fits into the context of
development
the
arising
programmes
the
from the Community Support
Objective 1 of the Structural Funds for Spain and for
Portugal, with the financial assistance of the European
Regional Development Fund, of
the European Social
the European Agriculture Guidance and
Fund and of
these
(cid:145)guidance(cid:146);
Guarantee
conditions, it is not justified to envisage a specific inter-
vention devoted to this diversification,

Frameworks of

category

under

Fund,

HAS ADOPTED THIS REGULATION:

TITLE I

GENERAL

Article 1

1.
The fishermen and the vessel owners to whom, during
2000 and 2001, compensation was granted under Article 16(1)
point
(b) of Regulation (EC) No 2792/1999, owing to the
non-renewal of the fishing agreement with Morocco, for at
least a nine-month cumulative period of temporary cessation
of activity, can benefit from exceptional supporting measures,
under the conditions and within the limits envisaged by the
present regulation.

At the latest three months after the entry into force of
shall communicate to the
regulation, Member States
internal
the fishermen

2.
this
Commission the list of vessels,
numbers, as well as the list of names of
meeting the conditions referred to in paragraph 1.

indicating their

TITLE II

DEROGATION MEASURES

Article 2

By derogation from the provisions of Regulation (EC)
the vessels
is granted according to the

1.
No 2792/1999, public aid to the owners of
referred to in Article 1(1),
following rules:

(a) where public aid is granted for the demolition of a vessel,

(i) the scales referred to in Article 7(5), point

(a) are

increased by 20 %;

(ii) the provisions of Article 10(3) point (b) (ii) as well as
those of Annex III, point 1.1.a), are not applicable;

(b) where a premium is granted for the permanent transfer of
a vessel to a third country, including in the case of a joint
enterprise,

(i) the scales referred to in Article 7(5), point

(a) are

increased by 20 %;

(ii) the provisions of Article 10(3) point (b) (ii) as well as
those of Annex III, point 1.1.a), are not applicable;

(iii) the minimum age of the vessels referred to in Article
7(2) is reduced to five years; for 5 to 9-year-old vessels,
however,
the reference premium, as referred to in
Article 7(5), point (a), is that applicable to vessels of
10 to 15 years old. This premium is reduced by part of
the amount previously received in cases of aid granted
for construction and/or modernisation;
is
calculated prorata temporis of the 10 year period (in
the case of aid for construction) or 5 year period (in
the case of aid for modernisation) preceding the
permanent transfer;

this part

(c)

in the event of permanent conversion of a vessel to another
fishing activity requiring the change of fishing technique,
the replacement of the fishing gear can be the subject of
public aid as a modernisation of
the vessel, under the
following derogation conditions:

(i) the last subparagraph of Annex III, point 1.4, is not

applicable;

(ii) the scales referred to in Article 9(4) point

(b), are

increased by 30 %;

(iii) the provisions of Article 10(3) point

(a) are not

applicable.

2.
The derogation rules mentioned in paragraph 1 shall
apply only to premiums and public aid that were granted
under an administrative decision by the Authorities referred
to in Article 6, taken between 1 July 2001 and 31 December
2002.

The vessel owners are no longer eligible to the compen-
3.
sation for temporary cessation of activity as of the date of the
administrative decision granting a premium for the permanent
cessation of activity or a public aid for the modernisation of
the vessel concerned, which -when applicable- was taken
pursuant to the modalities provided for in paragraph 1.

In the case of advance payment of this compensation, any
amount overpaid will be deducted from the premium for
permanent cessation or from the public aid for modernisation,
granted for the boat concerned.

TITLE III

SPECIFIC MEASURE

Article 3

action of

A specific

the Community is

1.
instituted
(hereafter named (cid:145)this action(cid:146)) aiming to supplement actions
taken in the context of
the Structural
Funds in the Member States concerned due to the non-renewal
of the fisheries agreement with Morocco.

the interventions of

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2.

This action:

(a)

is exclusively reserved for the vessel owners and for the
fishermen referred to in Article 1(1);

(b) covers respectively

(i) measures of permanent cessation of vessels’

fishing
activities within the meaning of Article 7(3) of Regu-
lation (EC) No 2792/1999

(ii) measures of modernisation of vessels within the
meaning of Article 9(1) of the same regulation, and

(iii) measures of a socio-economic nature, within the
meaning of Article 12(3) points (a) and (c), of the
same regulation;

(c)

is subject to the conditions referred to in Article 12 of
Regulation (EC) No 1260/1999.

The amount of the Community assistance allocated to the
3.
various measures of this action shall be as follows, expressed as
a percentage of the global amount referred to in Article 5(1):

(a) scrapping of vessels and permanent reassignment of vessels
for purposes other than fishing: minimum of 40 % of the
global amount;

the management

However, in case of the granting of a premium for the
2.
creation of a joint enterprise within the framework of this
authority shall pay the whole
action,
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 40 % of the
premium has been lodged.

The premiums

fishing
for permanent
3.
activities and the public aids for the modernisation of vessels,
paid under this action, are regarded as public aid within the
meaning of Article 6(1) of Regulation (EC) No 2792/1999.

cessation of

to this measure
The fishing capacity withdrawn pursuant
contributes to the adjustment of
the
Member States concerned, within the meaning of Article 7 of
Regulation (EC) No 2792/1999.

the fishing effort of

The public aids for the modernisation of vessels, paid under
this action, are subject to the provisions of Article 9 of Regu-
lation (EC) No 2792/1999.

For the purposes of the implementation of this action, the
compensation referred to in the first article is intended to
have the same end result as the socio-economic measures
referred to in article 12(3), points (a) and (c) of Regulation
(EC) No 2792/1999.

(b) permanent transfer of vessels to a third country, including
within the framework of a joint enterprise, and modern-
isation of vessels: maximum of 28 % of the global amount;

4.
Premiums or public aid granted under this action cannot
be cumulated with another premium or public aid having the
same purpose, and in particular that granted in the context of
the structural funds in the Member States concerned.

(c) socioeconomic measures: minimum of 32 % of the global

amount.

Article 4

the provisions of Regulation (EC)
1. Mutatismutandis,
No 2792/1999 are to apply for the implementation of this
action, under the provisions and the derogation conditions
laid down in title II of
in particular with
regard to:

this regulation,

(a) the date limit of the administrative decision to grant the

assistance,

(b) the notification of the aid schemes,

(c)

the criteria of eligibility of the fishermen and of the vessels,

(d) the maximum amount of the premium for a fisherman or

for a given vessel,

(e)

(f)

the maximum amount of expenditure eligible for
the
granting of public aid for the modernisation of a given
vessel;

the limits of the financial contribution of the Community
and of all
the public financial contributions (national,
regional and other) of the Member State concerned.

the measures
The Member States concerned shall
necessary to conform to the provisions of
this paragraph,
and at the latest three months after the entry into force of
this
them to the
Commission.

communicate

regulation,

take all

shall

they

Article 5

1.
The amount of the Community participation allocated to
the budgetary
this action is set within the framework of
procedure of the year 2002. It is distributed according to the
following percentages:

(a) Spain: 94,6 %,

(b) Portugal: 5,4 %.

2.
The payment of the Community participation referred to
in paragraph 1 shall be carried out by the Commission in
accordance with the budgetary commitments and shall be
addressed to the payment authority referred to in Article 6.

At from 1 January 2002, the Commission shall carry out the
commitment of the totality of the appropriations concerned, at
the latest three months after the adoption of this regulation,
and in any case before 31 December 2002.

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Subject to the budgetary resources, the Commission shall
3.
carry out the payments according to the following provisions:

They have to be supported by the production of progress
reports,
in accordance with the model
appearing in Annex I of Regulation (EC) No 366/2001 (2).

in electronic form,

(a) An instalment, representing at most 20 % of the amounts
the

is paid at
referred to in paragraph 1,
commitment referred to in paragraph 2.

the time of

(b) The intermediate payments are carried out at the request of
the Member State to refund the expenditure actually paid
and certified by the payment authority referred to in
Article 6.

The cumulated total of the payments referred to in point (a)
and the present point amounts at most to 80 % of the
amounts referred to in paragraph 1.

(c) The payment of the balance is carried out at the request of
the Member State, after completion of this measure, if

(i) the

payment
Commission a
actually incurred;

authority
has
certified statement of

submitted

the
to
expenditure

(ii) the final implementation report has been submitted to

the Commission and has been approved by it;

(iii) the Member State has sent to the Commission the
(f), of

statement referred to in Article 38(1) point
Regulation (EC) No 1260/1999.

Eligible for

the Community participation under

4.
the
present action are the expenses actually paid by the final bene-
ficiary from 1 July 2001. The deadline for eligibility of the
expenditure is fixed at 31 December 2003.

Article 6

authorities

the purposes of

implementation of

the
For
management
authorities
and
operating in the context of structural funds interventions in
favour of fisheries in Spain and in Portugal during the period
2000-2006, shall fulfil the functions attributed to them by the
relevant provisions of Regulation (EC) No 1260/1999.

this action,

payment

the

Except in the case of contrary provisions arising from this
regulation,
the provisions of Articles 31 and 33 to 39 of
Regulation (EC) No 1260/1999, as well as derived legislation,
are in force.

Article 7

If necessary, the detailed rules for the application of this title
shall be adopted by the Commission according to the
procedure referred to in Article 23(2) of Regulation (EC)
No 2792/1999.

For this purpose the Commission is assisted by the committee
on structures for
fisheries and aquaculture established by
Article 51 of Regulation (EC) No 1260/1999.

TITLE IV

FINAL PROVISIONS

Article 8

The last date for submission to the Commission of the request
for payment of the balance is fixed at 30 June 2004.

This Regulation enters into force the third day following its
publication in the Official Journal of the European Communities.

5.
The requests for intermediate payments and for payment
of the balance have to be drawn up in accordance with the
(EC)
model
No 438/2001 (1).

in Annex

Regulation

appearing

of

II

It is applicable as from 1 July 2001.

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

(1) Commission Regulation (EC) No 438/2001 of 2 March 2001, laying
down detailed rules for the implementation of Regulation (EC)
No 1260/1999 as regards the management and control systems
for assistance granted under
(OJ L 63,
3.3.2001, p. 21).

the Structural Funds

(2) Commission Regulation (EC) No 366/2001 of 21 February 2001,
laying down detailed rules for implementing the measures provided
for in Council Regulation (EC) No 2792/1999 (OJ L 55, 24.2.2001,
p. 3).