Council Regulation (EC) No 179/2002 of 28 January 2002 amending Regulation (EC) No 2792/1999 laying down the detailed rules and arrangements regarding Community structural assistance in the fisheries sector
Date: 2002-01-28
Institutions: Council of the European Union
Subjects: common fisheries policy, fishing fleet, fishing industry, structural policy

1.2.2002

EN

Official Journal of the European Communities

L 31/25

COUNCIL REGULATION (EC) No 179/2002

of 28 January 2002

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

THE COUNCIL OF THE EUROPEAN UNION,

2. The first subparagraph of Article 6(2) shall be replaced by

the following:

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 (1),

Having regard to the opinion of the European Parliament (2),

Having regard to the opinion of the Economic and Social
Committee (3),

Whereas:

(1)

(2)

(3)

(4)

(5)

Regulation (EC) No 2792/1999 (4) contains in particular
provisions connected with the implementation of the
multiannual guidance programmes for the fishing fleets.

Decision 2002/70/EC amends Decision 97/413/EC
concerning the objectives and detailed rules for restruc-
turing 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 (5);
it
extends its period of validity until 31 December 2002.

in particular,

In order to reinforce international action to prevent and
eliminate illegal, unreported and unregulated fishing,
public aid should not be made available for the perma-
nent transfer of fishing vessels to certain third countries
that have been identified by the relevant regional fish-
eries organisations as countries that permit fishing in a
manner which jeopardises the effectiveness of
inter-
national conservation measures.

It is appropriate to reinforce the condition for with-
drawal connected with the introduction of new capaci-
ties in those segments in which the annual objectives
have not yet been respected.

Certain provisions of Regulation (EC) No 2792/1999
should therefore be amended,

HAS ADOPTED THIS REGULATION:

Article 1

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

1. In Article 4(3), ‘1 May 2001’ shall be replaced by ‘1 May

2002’.

(1) OJ C 270 E, 25.9.2001, p. 80.
(2) Opinion delivered on 25 October 2001 (not yet published in the

Official Journal).

(3) Opinion delivered on 17 October 2001 (not yet published in the

Official Journal).

(4) OJ L 337, 30.12.1999, p. 10. Regulation as amended by Regulation

(EC) No 1451/2001 (OJ L 198, 21.7.2001, p. 9).

(5) See page 77 of this Official Journal.

‘In the case of vessels already registered in the Fishing Vessel
Register of the Community of less than 12 metres overall,
other than trawlers, Member States may submit a request
for a clearly identified and quantified increase in the
capacity objectives to improve safety, navigation at sea,
hygiene, product quality and working conditions, provided
that these measures do not result in an increase in the
exploitation rate of the resources concerned.’

3. The following point shall be added to Article 7(3)(b):

‘(iv) if the third country to which the vessel is to be trans-
ferred is not a Contracting or Cooperating 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 effectiveness of international conservation meas-
ures. The Commission shall publish a list of the coun-
tries concerned on a regular basis in the C series of the
Official Journal of the European Communities.’

4. Article 9(1) shall be replaced by the following:

‘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 overall annual objectives of
the multiannual guidance programme are respected:

(a) where the annual objectives for the 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
to the new capacity introduced in the
least equal
segments concerned, taken in aggregate and in terms of
both tonnage and power;

(b) until 30 June 2002, where the annual objectives of the
segments concerned are not yet respected, Member
States must ensure that the entry of new capacity with
public aid is compensated, during the period from 2000
to 2001, by the withdrawal of a capacity without public
aid which is at least 30 % greater than the new capacity
introduced in the segments concerned, taken in aggre-
gate and in terms of both tonnage and power; for the
period 1 January 2002 to 30 June 2002, the capacity
withdrawn must be at least 35 % greater than the new
capacity introduced.

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EN

Official Journal of the European Communities

1.2.2002

The capacity withdrawn may be replaced only by the
new capacity which is introduced with public aid as
provided for under this point;

(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.

5. Article 16(2) shall be replaced by the following:

‘2.
The Member States may grant financial compensation
to fisherman and owners of vessels where Community legis-
lation 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.’

The Council shall, acting in accordance with the procedure
laid down in Article 37 of the Treaty, decide by 30 June
2002 on any necessary adjustments to be applied as from 1
July 2002 to the provisions of this paragraph.’

Article 2

into force on the third day
This Regulation shall enter
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.

Done at Brussels, 28 January 2002.

For the Council

The President

J. PIQUÉ I CAMPS