Council Regulation (EC) No 2325/2003 of 17 December 2003 amending Regulation (EC) No 2561/2001 aiming to promote the conversion of fishing vessels and of fishermen that were, up to 1999, dependent on the fishing agreement with Morocco
Date: 2003-12-17
Institutions: Council of the European Union
Subjects: Morocco, agreement (EU), fisherman, fishing agreement, fishing vessel, vocational retraining

31.12.2003

EN

Official Journal of the European Union

L 345/25

COUNCIL REGULATION (EC) No 2325/2003

of 17 December 2003

amending Regulation (EC) No 2561/2001 aiming to promote the conversion of fishing vessels and
of fishermen that were, up to 1999, dependent on the fishing agreement with Morocco

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Com-
munity, 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 (1),

Having regard to the Opinion of the European Economic and
Social Committee (2),

Having regard to the opinion of the Committee of the Regions,

Whereas:

(1)

(2)

(3)

The Agreement on the relations as regards sea fishing
between the European Community and the Kingdom of
Morocco became null and void on 30 November 1999.
Consequently, more than 400 fishing vessels and about
4 300 fishermen operating in that context were forced
to stop their fishing activities at that date.

Council Regulation (EC) No 2561/2001 (3)
introduced
derogations from the provisions of Regulation (EC) No
2792/1999 (4) for shipowners and fishermen who were,
up to 1999, dependent on the fishing agreement with
Morocco, applicable to certain types of premiums and
public aid granted by administrative decision between 1
July 2001 and 30 June 2003. The same Regulation
introduced a specific action to supplement the measures
taken in the context of Structural Fund assistance in the
Member States concerned due to the non-renewal of the
fisheries agreement with Morocco.

The fishermen affected by the non-renewal of that fish-
eries
agreement may find themselves unemployed
following conversion of their vessel to another activity
in the same way as fishermen whose vessel has perma-
nently stopped its activity. In order to ensure that all
fishermen are treated equally, the provisions stipulating
that individual
lump sums may be paid to fishermen
only provided the fishing vessel on which they were
employed has permanently stopped its activities should
be derogated from.

(1) Opinion delivered on 4 December 2003 (not yet published in the

Official Journal).

(2) Opinion delivered on 29 October 2003 (not yet published in the

Official Journal).

(3) OJ L 344, 28.12.2001, p. 17. Regulation as amended by Article 6
of Regulation (EC) No 2372/2002 (OJ L 358, 31.12.2002, p. 81).
(4) OJ L 337, 30.12.1999, p. 10. Regulation as last amended by Regu-

lation (EC) No 2369/2002, (OJ L 358, 31.12.2002, p. 49).

(4)

(5)

The minimum period of less than one year referred to in
Article 12(4)(c) of Regulation (EC) No 2792/1999 during
which the fisherman may not work as a fisherman again
without being required to pay back the premium
received pro rata temporis should be calculated from 1
January 2002, the date from which temporary cessation
payments may no longer be paid, and not from the date
on which the premium was actually paid.

In view of the deadlines currently in force, in order to be
able to apply the abovementioned amendments, the time
limits for the date of the administrative decision, the
final date for eligibility of expenditure and the final date
for presenting the request for payment of the balance
should all be extended by 12 months,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 2561/2001 is hereby amended as follows:

1. Article 2 shall be amended as follows:

(a) in paragraph 1, point

(d) shall be replaced by the

following:

‘(d) in the case of an individual lump sum payment to a

fisherman:

(i) the maximum eligible cost referred to in Article
12(3)(b) and (c) shall be increased by 20 %;

(ii) the requirement laid down in Article 12(3)(b)
that beneficiaries must have been employed on
a fishing vessel which has permanently ceased
its activity within the meaning of Article 7 shall
not apply;

(iii) the period of less than one year referred to in
Article 12(4)(c) shall run from 1 January 2002;’

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

The derogation rules laid down in paragraph 1
‘2.
shall apply only to premiums and public aid that have
been granted under an administrative decision by the
authorities referred to in Article 6, taken between 1 July
2001 and 30 June 2003. This period shall be extended
to 30 June 2004 for the premiums referred to in Article
12(3)(a), (b) and (c).’

L 345/26

EN

Official Journal of the European Union

31.12.2003

2.

in Article 5, paragraph 4 shall be replaced by the following:

‘4.
The expenses actually paid by the final beneficiary
from 1 July 2001 shall be eligible for the Community
contribution under this measure. The deadline for eligibility
of the expenditure shall be 31 December 2003. That date
shall be 31 December 2004 for the premiums referred to in
Article 12(3)(a), (b) and (c).

The last date for submission to the Commission of the
request for payment of the balance shall be 30 June 2004.
That date shall be 30 June 2005 for the premiums referred
to in Article 12(3)(a), (b) and (c).’

Article 2

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

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

Done at Brussels, 17 December 2003.

For the Council

The President

G. ALEMANNO