Council Regulation (EC) No 2369/2002 of 20 December 2002 amending Regulation (EC) No 2792/1999 laying down the detailed rules and arrangements regarding Community structural assistance in the fisheries sector
Date: 2002-12-20
Institutions: Council of the European Union
Subjects: FIFG, Structural Funds, fishing fleet, fishing industry, fishing regulations, structural policy

31.12.2002

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Official Journal of the European Communities

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COUNCIL REGULATION (EC) No 2369/2002

of 20 December 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,

Having regard to the Treaty establishing the European Commu-
nity, 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),

Whereas:

(1)

(2)

(3)

(4)

(5)

(6)

Regulation (EC) No 2792/1999 (3) lays down provisions
relating to the restructuring of the Community fisheries
sector.

The period of application 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 exploita-
tion (4) has been extended and will expire on 31
December 2002.

Appropriate provisions should be laid down for the
period commencing on 1 January 2003.

Consistency should be ensured between the policy for
restructuring the fisheries sector and other aspects of the
Common Fisheries Policy, in particular the objective of
achieving a stable and enduring balance between the
capacity of fishing fleets and the fishing opportunities
available to them in Community waters and outside
Community waters.

Since this balance can be achieved only by capacity
withdrawal, Community financial support to the fisheries
sector through the Financial
for Fisheries
Guidance (FIFG) should be concentrated mainly on the
scrapping of
fishing vessels and public aid for fleet
renewal should be permitted only until 31 December
2004.

Instrument

to measures

For the same reason, measures for the equipment and
fishing vessels should be restricted
modernisation of
either
safety, navigation,
to improve
hygiene, product quality, product safety and working
conditions or to measures to increase the selectivity of
fishing gear, including for the purpose of reducing by-
catches and habitat impacts. These measures should be
eligible for FIFG support on condition that they do not
lead to an increase in fishing effort.

(1) OJ C 203 E, 27.8.2002, p. 304.
(2) Opinion delivered on 5 December 2002 (not yet published in the

Official Journal).

(3) OJ L 337, 30.12.1999, p. 10. Regulation as last amended by Regu-

lation (EC) No 179/2002 (OJ L 31, 1.2.2002, p. 25).

(4) OJ L 175, 3.7.1997, p. 27. Decision as amended by Decision 2002/

70/EC (OJ L 31, 1.2.2002, p. 79).

(7)

(8)

(9)

FIFG support for measures to assist small-scale coastal
fishing should be granted on condition that
such
measures do not serve to increase fishing effort in fragile
coastal marine ecosystems, or that they help to reduce
the impact of towed gear on the flora and fauna of the
sea bed.

Public aid for the transfer of Community fishing vessels
to third countries,
including transfers made in the
context of joint enterprises, should be permitted only
until 31 December 2004.

Socio-economic measures aim to support the retraining
of fishermen to help them take up full time professional
activities outside marine fisheries. These measures may
also aim to support the diversification of fishermen's
activities outside marine fisheries and thereby enable
them to continue fishing on a part-time basis, provided
that this contributes to a reduction of their fishing effort.

(10) Detailed rules should be introduced for the granting of
compensation and its
limitation in time where a
recovery or management plan is decided on by the
Council or emergency measures are decided on by the
Commission or by one or more Member States.

(11) Articles 87, 88 and 89 of the Treaty should apply to aid
granted by Member States to the fisheries and aquacul-
ture sector. However, in order to speed up the reimbur-
sement by the Commission of funds advanced by the
Member States, an exception to that principle should be
introduced for the obligatory financial input by Member
States towards measures co-financed by the Community
and provided for under the development plans defined
in Council Regulation (EC) No 1260/1999 of 21 June
1999 laying down general provisions on the Structural
Funds (5).

(12)

For procedural reasons, all measures entailing public
financing over and above the provisions concerning obli-
gatory financial contributions contained in Regulation
(EC) No 2792/1999 or in Council Regulation (EC) No
2370/2002 of 20 December 2002 establishing an emer-
fishing
gency Community measure
vessels (6) should be treated as a whole under Articles
87, 88 and 89 of the Treaty.

scrapping

for

(5) OJ L 161, 26.6.1999, p. 1. Regulation as amended by Regulation

(EC) No 1447/2001 (OJ L 198, 27.7.2001, p. 1).

(6) See page 57 of this Official Journal.

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(13)

Regulation (EC) No 2792/1999 should therefore be
amended accordingly,

HAS ADOPTED THIS REGULATION:

5. the heading of Title II shall be replaced by the following:

‘Title II

FISHING FLEET’

6. Article 6 shall be deleted;

Article 1

7. Article 7 shall be amended as follows:

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

1. the following paragraph shall be added to Article 1:

‘3. Measures adopted pursuant to paragraphs 1 and 2
shall not increase fishing effort.’

2. Article 2 shall be replaced by the following:

‘Article 2

Means

The Financial Instrument for Fisheries Guidance, hereafter
referred to as the “FIFG” may, under the conditions laid
down in Article 16 of Council Regulation (EC) No 2371/
2002 of 20 December 2002 on the conservation and
sustainable exploitation of fisheries resources under the
Common Fisheries Policy (*), provide assistance for the
measures defined in Titles II, III and IV of this Regulation
within the fields covered by the Common Fisheries Policy
as defined in Article 1 of Regulation (EC) No 2371/2002.

(*) OJ L 358, 31.12.2002, p. 59.’

3. Article 3 shall be amended as follows:

(a) paragraph 1 shall be replaced by the following:

‘1.
Programming, defined in Article 9(a) of Regula-
tion (EC) No 1260/1999, shall be in accordance with
the objectives of the Common Fisheries Policy and in
particular with the provisions of Chapter III of Regula-
tion (EC) No 2371/2002. To this end, programming
shall be revised as necessary and in particular in appli-
cation of fishing effort limits decided under Article 5
of Regulation (EC) No 2370/2002.

Programming shall cover all the fields referred to in
Titles II, III and IV.’

(b) paragraph 3 shall be replaced by the following:

‘3.
The development plans defined in Article 9(b) of
Regulation (EC) No 1260/1999 shall demonstrate that
public aid is necessary with regard to the objectives
pursued,
the
fishing vessels concerned could not be modernised,
and that the planned measures will not jeopardise the
sustainability of fisheries.

in particular that, without public aid,

The contents of
Annex I.’

the plans shall be as set out

in

(c) paragraph 4 shall be deleted;

4. Articles 4 and 5 shall be deleted;

(a) paragraph 1 shall be replaced by the following:

‘1. Member States shall take appropriate measures
to comply with the relevant provisions of Regulation
(EC) No 2371/2002.

Where necessary, this shall be achieved either by stop-
ping fishing vessels' fishing activities permanently, in
accordance with the applicable provisions of Annex III,
or by restricting them or by a combination of both.’

(b) paragraph 3 shall be replaced by the following:

‘3.
The permanent cessation of
fishing activities may be achieved by:

fishing vessels'

(a) the scrapping of the vessel;

to a third country,

(b) until 31 December 2004, permanent transfer of
including in the
the vessel
framework of a joint enterprise within the meaning
of Article 8, after agreement by the competent
authorities of the country concerned, provided all
the following criteria are met:

(i) there exists a fisheries agreement between the
European Community and the third country of
transfer as well as appropriate guarantees that
international law is not likely to be infringed,
in particular with respect to the conservation
and management of marine resources or other
objectives of the Common Fisheries Policy and
with
conditions of
to working
fishermen.

respect

Derogations may be granted by the Commis-
sion on a case by case basis for permanent
transfers in the framework of joint enterprises
to third countries, where Community interests
do not justify the conclusion of a fisheries
agreement
for
transfer would be fulfilled;

and the other

conditions

(ii) the third country to which the vessel is to be
transferred is not a country which is a candi-
date for accession;

(iii) the transfer results in a reduction of fishing
effort on the resources previously exploited by
the vessel transferred; however, this criterion
shall not apply when the vessel transferred has
lost fishing possibilities under a fisheries agree-
ment with the Community or under another
agreement;

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regional

(iv) if the third country to which the vessel is to
be transferred is not a contracting or Coop-
erating Party to relevant
fisheries
organisations, that country has not been iden-
tified by such organisations as one which
permits fishing in a manner which jeopardises
the effectiveness of international conservation
measures. The Commission shall publish a list
of the countries concerned on a regular basis
in the C series of the Official
the
European Communities;

Journal of

(c) permanent reassignment of fishing vessels for non-

profitable purposes other than fishing.’

(c) paragraph 4 shall be deleted;

(d) in paragraph 5, points (b), (c) and (d) shall be replaced

by the following:

‘(b) premiums

for permanent

transfer within the
framework of a joint enterprise:
the amounts
referred to in Article 8(3); however, no public aid
for this purpose can be given for vessels with a
tonnage less than 20 GRT or 22 GT, or of 30
years old or more;

(c) premiums for other permanent transfer to a third
country: the maximum amounts for the scrapping
premiums referred to in (a), less 70 %. However,
no public aid for this purpose may be given for
vessels with a tonnage less than 20 GRT or 22 GT,
or of 30 years old or more;

(d) premiums

for permanent

reassignment of

the
for non-profitable purposes other
the scrapping
for
the amounts

fishing vessel
than fishing:
premiums referred to in (a).’

(e) paragraphs 6 and 7 shall be deleted;

8. Article 8(5) shall be replaced by the following:

‘5.
Each year for five consecutive years from the date of
constitution of the joint enterprise or the date on which
the Community partner acquired holdings in the enter-
prise, applicants shall submit to the management authority
the activity plan,
a report on the implementation of
fisheries
including data on catches and markets of
products, in particular products landed in or exported to
the Community, with supporting documents, together with
the enterprise's balance sheet and a statement of its net
worth. The management authority shall forward the report
to the Commission for information.

fishing techniques and of Vessel Monitoring Systems or for
the modernisation of fishing vessels may be granted only
on the following conditions and those set out
in the
second subparagraph of Article 3(3) and in Annex III:

(a) public aid for the renewal of fishing vessels may be

granted until 31 December 2004;

(b) public aid for the renewal of fishing vessels may be

granted only for vessels under 400 GT;

(c) public aid for

fishing vessels,
the equipment of
including for the use of more selective fishing techni-
ques and of Vessel Monitoring Systems, or for the
modernisation of
fishing vessels may be granted
provided that:

(i) the aid does not concern capacity in terms of

tonnage or of power;

(ii) the aid does not serve to increase the effectiveness

of the fishing gear;

(d) by derogation from point

(c)(i), public aid for the
modernisation of
fishing vessels may be granted
subject to the provisions of Article 11(5) of Regulation
(EC) No 2371/2002.

The effect of granting public aid shall be accounted
implementation report referred to in

2.
for in the annual
Article 21.

3.
The indicators relating to the granting of public aid
for fleet renewal and modernisation of fishing vessels in
the plans, set out in Annex I(2)(d), shall be drawn up in
accordance with this Article.

Expenditure eligible for public aid as referred to in

4.
paragraph 1 may not exceed the following amounts:

(a) construction of fishing vessels: twice the scales in Table

1 in Annex IV;

(b) equipment

and modernisation of

vessels
including, where applicable and until 31 December
2003, the cost of re-measuring tonnage in accordance
with Annex I
to the 1969 Tonnage Measurement
Convention: the scales in Table 1 of Annex IV.’

fishing

The balance of the premium shall be paid to applicants
after five years of activity and after the fifth report has
been received.’

10. Article 10 shall be amended as follows:

(a) paragraph 1 shall be replaced by the following:

9. Article 9 shall be replaced by the following:

‘Article 9

Public aid for fleet renewal and for the equipment or
modernisation of fishing vessels

1.
fishing vessels,

Public aid for fleet renewal and for the equipment of
including for the use of more selective

‘1.
Public aid for fleet renewal and for the equip-
ment and the modernisation of fishing vessels may be
permitted only where, within the time allowed, the
Member State has complied with Council Regulation
(EEC) No 2930/86 of 22 September 1986 defining
characteristics for fishing vessels (*).

(*) OJ L 274, 25.9.1986, p. 1. Regulation as last
amended by Regulation (EC) No 3259/94 (OJ L
339, 29.12.1994, p. 11).’

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(b) paragraph 2 shall be deleted;

(c) paragraphs 3 and 4 shall be replaced by the following:

The following provisions shall apply to the accu-

‘3.
mulation of public aids to the fishing fleet:

(a) expenditure on equipment and modernisation shall
not be eligible for aid for five years following the
grant of public aid for the construction of the
vessel concerned except for equipment in vessel
monitoring systems;

(b) permanent withdrawal premiums within the
meaning of Article 7(5) and premiums for the crea-
joint enterprises within the meaning of
tion of
Article 8 may not be added to other Community
aid granted under this Regulation or Regulations
(EEC) No 2908/83 (*), (EEC) No 4028/86 (**) and
(EC) No 2468/98. These premiums
shall be
reduced:

(i) by a part of the amount previously received in
the case of equipment and modernisation aid;
this part shall be calculated pro rata temporis
for the five-year period preceding the perma-
nent withdrawal or the setting up of the joint
enterprise;

(ii) by the total amount previously received in the
case of aid for the temporary cessation of activ-
ities within the meaning of Article 16(1) of this
Regulation and under Article 14 of Regulation
(EC) No 2468/98 paid during
year
preceding permanent withdrawal or the setting
up of the joint enterprise;

the

(c) aid for the equipment in vessel monitoring systems
may not be added to aid granted under Council
Decision 2001/431/EC.

4.
Public aid for renewal or for modernisation and
equipment, under this Regulation shall be reimbursed
pro rata temporis when the fishing vessel concerned is
deleted from the fishing vessel register of the Commu-
nity within ten years from the renewal, or within five
years of the modernisation works.

(*) Council Regulation (EEC) No 2908/83 of 4 October
1983 on a common measure for restructuring,
modernising and developing the fishing industry
and for developing
(OJ L 290,
22.10.1983, p. 1). Regulation as last amended by
Regulation (EEC) No 3733/85 (OJ
L 361,
31.12.1985, p. 78).

aquaculture

(**) Council Regulation (EEC) No 4028/86 of 18
December 1986 on Community measures
to
improve and adapt structures in the fisheries and
aquaculture sector (OJ L 376, 31.12.1986, p. 7).
Regulation as last amended by Regulation (EEC)
No 3946/92 (OJ L 401, 31.12.1992, p. 1).’

11. Article 11 shall be amended as follows:

(a) paragraph 1 shall be replaced by the following:

this Article,

For the purposes of

‘1.
“small-scale
coastal fishing” means fishing carried on by fishing
vessels of an overall length of less than 12 metres and
not using towed gear as listed in table 2, Annex I of
Commission Regulation (EC) No 2090/98 of 30

September 1998 regarding the fishing vessels register
of the Community (*).

(*) OJ L 266, 1.10.1998, p. 27. Regulation as amended
by Regulation (EC) No 839/2002 (OJ L 134,
22.5.2002, p. 5).’

(b) paragraph 4 shall be replaced by the following:

‘4.
For the purposes of paragraph 3, the following
projects, inter alia, may be considered integrated collec-
tive projects:

— safety equipment on board and improvement of

sanitary and working conditions,

— technological

innovations (more selective fishing

techniques) that do not increase the fishing effort,

— organisation of

the production, processing and
marketing chain (promotion and added value of
the products),

— professional requalification or training.’

12. Article 12 shall be amended as follows:

(a) paragraph 2 shall be replaced by the following:

States may

‘2. Member
fishermen,
measures of a socioeconomic nature associated with
the adjustment of fishing capacity within the meaning
of Article 11 of Regulation (EC) No 2371/2002.’

take,

for

(b) point

(c) of paragraph 3 shall be replaced by the

following:

‘(c) granting non-renewable individual compensatory
payments to fishermen who can show that they
have worked for at least five years as fishermen, to
help them:

(i) to retrain outside marine fisheries under an
individual or collective social plan, on the basis
of an eligible cost limited to EUR 50 000 per
individual beneficiary; the managing authority
shall
amount
according to the scale of the retraining project
and the financial commitment entered into by
the beneficiary;

determine

individual

the

(ii) to diversify their activities outside marine fish-
eries under an individual or collective diversifi-
cation project, on the basis of an eligible cost
limited to EUR 20 000 per individual benefi-
ciary; the managing authority shall determine
the individual amount according to the scale of
the diversification project and the investment
made by the beneficiary;’

(c) point

(d) of paragraph 4 shall be replaced by the

following:

‘(d)

(i) that the compensation referred to in paragraph
3(c)(i) for reconversion is refunded on a pro
rata temporis basis where the beneficiaries
return to their work as fishermen within a
period of less than five years after being paid
the compensation, and

(ii) that

the

compensation for diversification
referred to in paragraph 3(c)(ii) contributes to
a reduction of the fishing effort developed by
the fishing vessels on which the beneficiaries
are active;’

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(d) paragraph 6 shall be replaced by the following:

‘6.
The Member States may introduce nationally
financed accompanying measures for crew members of
affected fishing vessels in order to facilitate temporary
cessation of fishing activities in the framework of plans
for protection of aquatic resources.’

parameters such as the real losses suffered, the scale of
the conversion effort, recovery plan or technical adjust-
ment effort.

4.
Recurrent seasonal suspension of fishing activity
shall not be eligible for compensation under para-
graphs 1, 2 and 3.’

13. Article 16 is hereby amended as follows:

(a) paragraph 1 is amended as follows:

14. Article 18 shall be replaced by the following:

‘Article 18

(i) point (a) shall be replaced by the following:

‘(a) in the event of unforeseeable circumstances,
particularly those caused by biological factors;
the granting of compensation may last for no
more than three consecutive months or six
months over the entire period from 2000 to
2006. The managing authority shall
furnish
the Commission with scientific proof of these
circumstances in advance;’

(ii) point (c) shall be replaced by the following:

‘(c) where a recovery or management plan is
adopted by the Council or where emergency
measures are decided by the Commission or by
one or more Member States, the granting of
compensation by a Member State may last for
one year and may be extended by one further
year.’

Compliance with the conditions governing assistance

The managing authority shall ensure that the special condi-
tions governing assistance listed in Annex III are complied
with.

It shall also satisfy itself as to the technical capacity of
beneficiaries and the financial viability of firms as well as
their respecting all rules of the Common Fisheries Policy
before granting aid. If during the grant period it is found
that the beneficiary does not comply with rules of the
Common Fisheries Policy, the grant shall be reimbursed in
proportion to the gravity of the infringement.

Detailed rules for the implementation of this article may
be adopted in accordance with Article 23(2).’

15. Article 19 shall be replaced by the following:

‘Article 19

(b) paragraphs 3 and 4 shall be replaced by the following:

Obligatory financial contributions and State aid

‘3.
The financial contribution from the FIFG to the
measures referred to in paragraphs 1 and 2 per
Member State for the entire period from 2000 to 2006
may not exceed the higher of the following two thresh-
olds: EUR 1 million or 4 % of the Community finan-
cial assistance allocated to the sector in the Member
State concerned.

However,
in the case of a recovery or management
plan adopted by the Council or of emergency measures
decided by the Commission, these thresholds may be
exceeded on condition that the measure includes a
decommissioning scheme with the aim of withdrawing,
within two years of the adoption of the measure, a
number of fishing vessels with a fishing effort at least
equal to the effort of the fishing vessels suspended
from fishing activity as a consequence of the plan or
emergency measure.

To obtain Commission approval for a financial contri-
bution from the FIFG, a Member State shall notify the
Commission of the measure and provide it with a
detailed calculation of premiums. The measure shall
enter into force only after the Commission's approval
has been delivered to the Member State.

1. Without prejudice to paragraph 2, Articles 87, 88
and 89 of the Treaty shall apply to aid granted by Member
States to the fisheries and aquaculture sector.

2.
Articles 87, 88 and 89 of the Treaty shall not apply
to obligatory financial contributions by Member States to
measures co-financed by the Community and provided for
under the development plans referred to in Article 3(3) of
this Regulation and defined in Article 9(b) of Regulation
(EC) No 1260/1999 or under Article 5 of Regulation (EC)
No 2370/2002 of 20 December 2002 establishing an
emergency Community measure for
scrapping fishing
vessels. (*)

3. Measures which provide
financing
exceeding the provisions of this Regulation or of Regula-
tion (EC) No 2370/2002 concerning obligatory financial
contributions, as referred to in paragraph 2, shall be
treated as a whole on the basis of paragraph 1.

for public

(*) OJ L 358, 31.12.2002, p. 57.’

16. Article 22 shall be replaced by the following:

‘Article 22

Committee procedure

The managing authority shall determine the amount of
compensation as provided for in paragraphs l and 2 to
be paid in individual cases taking account of relevant

The measures necessary for the implementation of this
Regulation relating to matters referred to in Articles 8, 15,
18 and 21 shall be adopted in accordance with the
management procedure referred to in Article 23(2).’

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17.

in Article 23(1), points (a) and (b) shall be replaced by the
following:
‘(a) for the purpose of the implementation of Articles 8,
15, 18 and 21 by the Committee on structures for
fisheries and aquaculture established by Article 51 of
Regulation (EC) No 1260/1999; and

(b) for the purpose of the implementation of Articles 9
and 10 by the Committee for fisheries and aquaculture
established by Article 30(1) of Regulation (EC) No
2371/2002.’

Article 2

Annexes I to IV shall be amended in accordance with the
Annex to this Regulation.

Article 3

This Regulation shall enter into force on 1 January 2003.

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

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ANNEX

1. Annex I is amended as follows:

(a) point 1(c) is replaced by the following:

‘(c) requirements of the sector.’;

(b) point 2(d)(i) is replaced by the following:

‘(i) indicators concerning the development of the fleet in relation to the objectives of the recovery or manage-

ment plans;’.

2. Annex II is deleted.

3. Annex III is amended as follows:

(a) the title of point 1 is replaced by the following:

‘1.

Implementation of measures relating to fishing fleet activities (Title II)’;

(b) point 1.0 is replaced by the following:

‘1.0. Age of vessels

For the purpose of this Regulation, the age of a vessel is a whole number defined as the difference between
the year of the managing authority's decision to grant a premium or aid and the year of entry into service
as defined in Regulation (EEC) No 2930/86.’;

(c) points 1.3 and 1.4 shall be replaced by the following:

‘1.3. Fleet renewal (Article 9)

(a) Vessels must be built to comply with the Regulations and Directives governing hygiene, safety, health,
product quality and working conditions and the Community provisions concerning the measurement
of vessels and the monitoring of fishing activities.

(b) Vessels shall be entered in the Community fishing fleet register.

(c) Without prejudice to Article 12(3)(d), the transfer of ownership of a fishing vessel shall not give rise to

Community aid.

1.4. Fishing Vessels equipment and modernisation (Article 9)

(a) Vessels must have been registered in the fishing vessels register of the Community for at least five years
except for equipment in Vessel Monitoring Systems. Changes in vessel characteristics must be commu-
nicated to this register and the vessels must be measured in accordance with Community provisions,
when they are modernised.

(b) Investments should relate to:

(i) the rationalisation of fishing operations by the use of more selective or low impact fishing tech-
nologies and methods on board in order to avoid undesirable by-catches, other than those
provided for in Community law,

and/or

(ii) improvement of the quality and safety of products caught and preserved on board, the use of
more selective fishing techniques and of better preserving techniques and the implementation of
legal and regulatory provisions regarding health,

and/or

(iii) improvement of working and safety conditions.

Without prejudice to Article 16(2), the replacement of fishing gear shall not be considered eligible
expenditure.’;

(d) the following point 1.5 is added:

‘1.5. Socio-economic measures (Article 12)

Measures to support the training of fishermen or the diversification of their activities outside marine fish-
eries must contribute to a reduction of the fishing effort developed by the beneficiaries even if they
continue fishing on a part-time basis.’

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4.

in Annex IV , the text preceding Table 3 in point 2 is replaced by the following:

‘2. Rates of financial participation

(a) For all the operations referred to in titles II, III and IV, the limits on Community financial participation (A),
total State financial participation (national, regional and other) by the Member State concerned (B) and,
where applicable, financial participation by private beneficiaries (C) shall be as follows, expressed as a
percentage of eligible costs.
Group 1:
Permanent withdrawal premiums (Article 7), premium for the creation of joint enterprises (Article 8), small-
scale coastal fishing (Article 11), socio-economic measures (Article 12), protection and development of
aquatic resources (Article 13(1)(a)), fishing port facilities with no financial participation by private benefici-
aries (Article 13(1)(c)), measures to find and promote new market outlets with no financial participation by
private beneficiaries (Article 14), operations by members of the trade with no financial participation by
private beneficiaries (Article 15), temporary cessation premiums and other financial compensation (Article
16),
innovative measures and technical assistance including pilot projects carried out by public bodies
(Article 17).

Group 2:
Fleet renewal, equipment and modernisation of fishing vessels (Article 9).

Group 3:
Aquaculture (Article 13(1)(b)), fishing port facilities with financial participation by private beneficiaries
(Article 13(1)(c)), processing and marketing (Article 13(1)(d)), inland fishing (Article 13(1)(e)), measures to
find and promote new market outlets with financial participation by private beneficiaries (Article 14), opera-
tions by members of the trade with financial participation by private beneficiaries (Article 15(2)).

Group 4:
Pilot projects other than those carried out by public bodies (Article 17).

(b) With respect

to operations concerning the protection and development of aquatic resources (Article
13(1)(a)), fishing port facilities (Article 13(1)(c)), measures to find and promote new market outlets (Article
14) and operations by members of the trade (Article 15), the managing authority shall determine whether
they fall under group l or group 3, in particular on the basis of the following considerations:
— collective versus individual interests,
— collective versus individual beneficiary (producers' organisations, organisations representing the trade),
— public access to the results of the operation versus private ownership and control,
— financial participation by collective bodies, research institutions.’