Council Regulation (EC) No 2372/2002 of 20 December 2002 instituting specific measures to compensate the Spanish fisheries, shellfish industry and aquaculture, affected by the oil spills from the Prestige
Date: 2002-12-20
Institutions: Council of the European Union
Subjects: Spain, aquaculture, derogation from EU law, fisherman, fishing regulations, indemnification, oil pollution, shellfish farming

31.12.2002

EN

Official Journal of the European Communities

L 358/81

COUNCIL REGULATION (EC) No 2372/2002

of 20 December 2002

instituting specific measures to compensate the Spanish fisheries, shellfish industry and aquacul-
ture, affected by the oil spills from the Prestige

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Commu-
nity, and in particular Article 36 and 37 thereof,

Having regard to the proposal from the Commission (1),

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

After consulting the Economic and Social Committee,

Whereas:

(1)

(2)

(3)

(4)

(5)

In November 2002, the tanker Prestige, carrying 77 000
tonnes of heavy fuel oil, was shipwrecked off the coast
of Galicia, causing oil spills to start arriving to the
Spanish coast as from 16 November 2002.

Owing to the environmental effects of the aforemen-
tioned oil pollution,
in addition to fisheries, all shell-
fishing and certain aquaculture activities have been
forbidden along large parts of the Spanish Atlantic coast-
line. Moreover, the oil spills have also damaged certain
aquaculture sites located in the affected coastal regions
of Spain.

Council Regulation (EC) No 2792/1999 (3)
lays down
the detailed rules and arrangements regarding Commu-
nity structural assistance in the fisheries sector. In parti-
cular, Article 13(1) and the more specific rules enclosed
the said Regulation, determine the
in Annex III of
eligible costs within the fields of aquaculture as well as
the protection and development of aquatic resources, to
be co-financed from the Financial Instrument for Fish-
eries Guidance (FIFG). In addition, Article 16 of that
Regulation lays down the terms on which the Member
States may receive a financial contribution from the FIFG
towards compensation they grant
to fishermen and
vessel owners for the temporary cessation of activities in
the event of unforeseeable circumstances.

However,
the criteria for the eligibility of expenses
within the fields in question, to be co-financed from the
FIFG, have not been designed for the type of measures
necessary to cope with the consequences of oil pollu-
tion.

Besides, the granting of compensation for the temporary
cessation of activities is currently allowed to fishermen
and vessels owners, but not to other persons or enter-
prises engaged in shellfish industry or aquaculture. Also

the aggregated amounts of financial contributions from
the FIFG to these purposes have been restricted by the
said Article 16.

In these circumstances,
it is necessary to facilitate the
compensation to be granted for temporary cessation of
fishing, shellfish and aquaculture activities affected by
the oil pollution described above. In addition, it is appro-
priate to facilitate the cleaning, the repairing and the
reconstruction of shellfish and aquaculture sites and the
replacement of shellfish stocks in order to restore their
production capacity, as well as the replacement of
fishing gear, damaged by the oil spills in question.

Consequently, there is a need for derogations from the
aforementioned provisions of Regulation (EC) No 2792/
1999.

On the understanding that the other parts will have to
be carried out with the assistance of FIFG appropriations,
the complementary appropriations necessary for these
purposes should be made available from the assistance
defined within the framework of Council Regulation (EC)
No 2561/2001 of 17 December 2001, aiming to
promote the conversion of fishing vessels and of fish-
ermen that were, up to 1999, dependent on the fishing
agreement with Morocco (4), and especially Article 5(1)
thereof.

These complementary appropriations available should be
devoted to the specific measures taken, on one hand
compensating the persons and enterprises engaged in
Spanish fisheries industry, shellfish and aquaculture for
the temporary cessation of their activities, and on the
other hand providing for assistance for reinstating the
previous activities affected by the oil pollution.

The specific measures must be consistent with the
general principles of the structural policy in the fisheries
sector.

The measures necessary for the implementation of this
(instrument in question) should be adopted in accor-
dance with Council Decision 1999/468/EC of 28 June
1999 laying down the procedures for the exercise of
implementing powers conferred on the Commission (5).

The necessity to adopt immediate measures to remedy
the situation following the ‘Prestige’ shipwreck requires a
derogation from the period laid down in paragraph 1(3)
of the Protocol on the role of national parliaments,

(6)

(7)

(8)

(9)

(10)

(11)

(12)

(1) Not yet published in the Official Journal.
(2) Opinion of 19.12.2002 (not yet published in the Official Journal).
(3) OJ L 337, 30.12.1999, p. 10.

(4) OJ L 344, 28.12.2001, p. 17.
(5) OJ L 184, 17.7.1999, p. 23.

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Official Journal of the European Communities

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HAS ADOPTED THIS REGULATION:

Article 1

Scope

This Regulation lays down exceptional supporting measures for
the persons and enterprises, engaged in the Spanish fisheries,
shellfish industry and aquaculture in the Spanish coastal areas
affected by the oil pollution from the Prestige shipwreck, as
well as the conditions for and the limits of such support.

Article 2

Specific measures

The following specific measures may be taken by Spain

1.
for the persons and enterprises referred to in Article 1:

(a) compensation to persons and owners of enterprises for the

temporary cessation of their activities;

(b) measures to encourage the replacement of fishing gear, of
other auxiliary equipments and the reparation of
the
affected boats and the substitution of
their damaged
elements;

(c) measures to encourage the cleaning, the repairing and the

reconstruction of shellfish and aquaculture sites;

(d) measures to compensate for the replacement of shellfish

stocks.

2.
the
The expenses incurred within the framework of
specific measures shall be eligible under the condition that the
temporary cessation of the activities referred to in point (a) as
well as the damages caused to the gear or the sites referred to
in points (b), (c) and (d) have been due to the oil spills from the
Prestige shipwreck.

The rates of assistance for the specific measures are speci-

3.
fied in the Annex.

Article 3

Derogations from Regulation (EC) No 2792/1999

1.
By derogation from the provisions of Regulation (EC) No
2792/1999, the specific measures referred to in Article 2 shall
be granted in accordance with paragraphs 2 to 6 of
this
Article.

2.
The compensations for the temporary cessation of activ-
ities, referred to in Article 16(1)(a) of Regulation (EC) No 2792/
1999, may be granted also for persons and owners of enter-
prises engaged in the Spanish shellfish industry and aquacul-
ture.

The limits of two and six months prescribed in Article

3.
16(1)(a) of Regulation (EC) No 2792/1999 shall not apply.

4.
The financial contribution from the FIFG to the compen-
sations referred to in paragraphs 1 and 2 shall not be taken
into consideration when determining compliance with the
thresholds referred to in the first subparagraph of Article 16(3)
of Regulation (EC) No 2792/1999.

The restrictions set out in Annex III, point 1.4, last para-
5.
graph, of Regulation (EC) No 2792/1999 shall not be applic-
able with regard to the replacement of fishing gear damaged by
the oil pollution from the Prestige shipwreck.

The following costs shall be eligible under Article 13(1)

6.
of Regulation (EC) No 2792/1999:

(a) costs incurred by the cleaning, the repairing and the recon-
struction activities aimed at restoring the production capa-
city of shellfish and aquaculture sites affected by the oil
pollution in question;

(b) costs of the restocking necessary to reinstate the shellfish
stocks aquaculture sites affected by the oil pollution in
question.

Article 4

Applicability of general provisions

The provisions of Regulation (EC) No 1260/1999 (1) and No
2792/1999 (2)
the
specific measures defined in Article 2 under the provisions and
the derogation conditions laid down in this Regulation.

the implementation of

shall apply for

Article 5

Additional Community participation

1.
In addition to the assistance of FIFG appropriations, the
complementary amount of the Community participation allo-
cated to the purposes of this Regulation shall be EUR 30
million.

2.
This additional amount shall be made available from the
funds previously allocated for the purposes of Regulation (EC)
No 2561/2001.

Article 6

Amendment to Regulation (EC) No 2561/2001

In Article 5(1) of Regulation (EC) No 2561/2001 the following
subparagraph is added:

‘Within the allocation for Spain, an amount not exceeding
EUR 30 million shall be reserved for the measures defined
in Council Regulation (EC) No 2372/2002.’

Article 7

Implementation reports

Spain shall present to the Commission a consolidated report of
the implementation of the specific measures, referred to in
Article 2, for every year of their implementation by 31 March
of the following year. The first of such reports will be due on
31 March 2004.

(1) 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).

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

sector

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Article 8

Detailed rules

The measures necessary for the implementation of this Regula-
tion shall be adopted in accordance with management proce-
dure referred to in Article 9(2).

Article 9

2. Where reference is made to this paragraph, Articles 4 and
7 of Decision 1999/468/EC shall apply.

The period laid down in Article 4(3) of Decision 1999/468/EC
shall be set at one month.

Article 10

Final provisions

1.
The Commission shall be assisted by the committee on
structures for fisheries and aquaculture established by Article
51 of Regulation (EC) No 1260/1999.

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.

Done at Brussels, 20 December 2002.

For the Council

The President

M. FISCHER BOEL

ANNEX

RATES OF ASSISTANCE

The rates of assistance for the specific measures, referred to in Article 2, are defined according to the groups listed in
Annex IV, point 2 of Regulation (EC) No 2792/1999 and to the rates determined in Table 3 of the said Annex, as
amended by Council Regulation (EC) No 1451/2001, as follows:

1. Temporary cessation of shellfish or aquaculture activities

2. Replacement of fishing gear

3. Cleaning, repairing and reconstruction of shellfish and aquaculture sites

— carried out by public authorities

— carried out by private enterprises

4. Replacement of shellfish stocks

Group 1

Group 2

Group 1

Group 3

Group 1