Council Regulation (EC) No 2328/2003 of 22 December 2003 introducing a scheme to compensate for the additional costs incurred in the marketing of certain fishery products from the Azores, Madeira, the Canary Islands and the French departments of Guiana and Réunion, as a result of those regions' remoteness
Date: 2003-12-22
Institutions: Council of the European Union
Subjects: fishery product, peripheral region, sales aid

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COUNCIL REGULATION (EC) No 2328/2003
of 22 December 2003
introducing a scheme to compensate for the additional costs incurred in the marketing of certain
fishery products from the Azores, Madeira, the Canary Islands and the French departments of
Guiana and Réunion, as a result of those regions' remoteness

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Com-
munity, and in particular Article 37 and Article 299(2) 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),

Whereas:

(1)

(2)

(3)

(4)

The fisheries sector in the outermost regions of
the
Community faces difficulties, which are aggravated in
particular by the cost of transporting fishery products to
the markets as a result of their remoteness and isolation.

As part of the Community's policy to assist its outermost
regions, by Decisions 89/687/EEC (3), 91/314/EEC (4)
and 91/315/EEC (5) the Council has set up programmes
of options specific to the remote and insular nature of
the French overseas departments (Poseidom), the Canary
Islands (Poseican) and Madeira and the Azores (Poseima)
respectively, which outline the measures to be applied
taking account of
the special characteristics of and
constraints on those regions.

Article 299(2) of the Treaty recognises the particular
handicaps affecting the economic and social situation of
the outermost regions, made worse by their remoteness
and insularity. The same also applies to the fishing
industry.

The regions concerned are facing specific development
problems, and in particular additional costs incurred in
the marketing of certain products as a result of their
remoteness.

(1) Opinion of 4 December 2003 (not yet published in the Official

Journal).

(2) Opinion of 29 October 2003 (not yet published in the Official

Journal).

(3) OJ L 399, 30.12.1989, p. 39.
(4) OJ L 171, 29.6.1991, p. 1.
(5) OJ L 171, 29.6.1991, p. 10.

(5) With a view to maintaining the competitiveness of
certain fishery products compared with that of similar
products from other Community regions,
the Com-
munity introduced measures in 1992 and 1993 to
compensate for such additional costs in the fisheries
sector. Those measures were then followed in 1994 and
in the period 1995 to 1997 by the adoption of Regula-
tions (EC) No 1503/94 (6) and (EC) No 2337/95 (7) and
in the period 1998 to 2002 by the adoption of Regula-
tions (EC) No 1587/98 (8) and (EC) No 579/2002 (9).
From 2003 provision needs to be made for continuation
of the scheme for offsetting the additional costs for
certain fishery products as
regards processing and
marketing and, accordingly, measures should be adopted
so that these measures may continue.

(6)

(7)

(8)

(9)

The non-industrial and inshore fishing industry is of
social and economic importance in the outermost
regions of the European Union.

For the sake of sound management of stocks fishing
efforts must be rationalised, in particular in the light of
the research of a high technical standard conducted in
this area by various scientific institutions in the outer-
most regions.

The Community rules on the conservation and manage-
ment of stocks must be observed in those regions, and
in the case of the French department of
in particular,
Guiana,
the rule prohibiting fishing for shrimp at a
depth of less than 30 metres.

In order to promote the economic development of the
outermost regions concerned, the Member States should
be able to adjust the quantities and the Commission to
adjust the amounts and quantities set for the various
species from the same outermost region or between
outermost regions of the same Member State, to take
account of changes in marketing conditions and species'
characteristics.

the amounts available,

(10) Where adjustment between species or within regions
belonging to the same Member State has not led to full
utilisation of
the Commission
should be able to adjust the amounts and quantities set
for the various species between outermost regions of
different Member States. In that event, adjustment should
be without prejudice to the scale for allocating amounts
available under this Regulation in subsequent years.

(6) OJ L 162, 30.6.1994, p. 8.
(7) OJ L 236, 5.10.1995, p. 2.
(8) OJ L 208, 24.7.1998, p. 1.
(9) OJ L 89, 5.4.2002, p. 1.

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(11)

The measures necessary for the implementation of this
Regulation should be adopted in accordance with
Council Decision 1999/468/EC of 28 June 1999 laying
down the procedures for the exercise of implementing
powers conferred on the Commission (1),

(b) EUR 250 per tonne of black scabbardfish for up to 1 600

tonnes a year;

(c) EUR 1 080 per tonne of aquaculture products for up to 50

tonnes a year.

HAS ADOPTED THIS REGULATION:

Article 1

Purpose

This Regulation introduces a scheme to compensate for the
additional costs incurred in the marketing of certain fishery
products listed in Annexes I to V from the Azores, Madeira, the
Canary Islands and the French departments of Guiana and
Réunion (hereinafter referred to as ‘the compensation’) as a
result of those regions' remoteness.

Article 2

Recipients

The recipients of the compensation shall be the producers, the
owners or operators of vessels registered in the ports of the
regions referred to in Article 1 and operating therein or asso-
ciations of such operators, and the operators in the processing
and marketing sector or associations of such operators, who
incur the additional costs in marketing the products concerned
as a result of the remoteness of those regions.

Article 3

Azores

In the case of the Azores, the compensation shall be payable
for the fishery products listed in Annex I. The amounts of the
compensation and the quantities for the region shall be as
follows:

(a) EUR 177 per tonne of tuna for up to 10 000 tonnes a year

delivered to the local canning industry;

(b) EUR 455 per tonne of species for marketing fresh for up

to 2 000 tonnes a year;

(c) EUR 148 per tonne of small pelagics and deep-sea species
delivered to local industry or local producer associations or
organisations for freezing or processing for up to 1 554
tonnes a year.

Article 4

Madeira

In the case of Madeira, the compensation shall be payable for
the fishery products listed in Annex II. The amounts of the
compensation and the quantities for the region shall be as
follows:

(a) EUR 230 per tonne of tuna for up to 4 000 tonnes a year

delivered to the local canning industry;

(1) OJ L 184, 17.7.1999, p. 23.

Article 5

Canary Islands

In the case of the Canary Islands, the compensation shall be
payable for the fishery products listed in Annex III. The
amounts of the compensation and the quantities for the region
shall be as follows:

(a) EUR 950 per tonne of tuna marketed by air for up to

1 619 tonnes a year;

(b) EUR 500 per tonne of tuna marketed by sea in the raw

state for up to 453 tonnes a year;

(c) EUR 250 per tonne of skipjack marketed by sea for up to

453 tonnes a year;

(d) EUR 220 per tonne of skipjack marketed by sea in the raw

state for up to 712 tonnes a year;

(e) EUR 240 per tonne of sardines and mackerel for freezing

for up to 347 tonnes a year;

(f) EUR 268 per tonne of cephalopods and demersal species

for up to 8 292 tonnes a year;

(g) EUR 1 300 per tonne of aquaculture products for up to

1 157 tonnes a year.

Article 6

Guiana

In the case of Guiana, the compensation shall be payable for
the fishery products listed in Annex IV. The amounts of the
compensation and the quantities for the region shall be as
follows:

(a) EUR 1 100 per tonne of industrial shrimp fished for up to

3 300 tonnes a year;

(b) EUR 1 100 per tonne of non-industrial white fish marketed

fresh for up to 100 tonnes per year;

(c) EUR 527 per tonne of non-industrial white fish marketed

frozen for up to 500 tonnes per year.

Article 7

Réunion

In the case of Réunion, the compensation shall be payable for
the fishery products listed in Annex V. The amounts of the
compensation and the quantities
the region shall be
tuna, swordfish, marlin, sailfish,
EUR 1 400 per
dolphinfish and shark, for up to 618 tonnes per year.

tonne of

for

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Article 8

Adjustment of amounts and quantities

1.
The Member States may adjust the quantities set for the
various species in the framework of Articles 3 to 7 without
funding provided for each
increasing the overall annual
Member State and without increasing the amounts provided for
as compensation per
the
Commission raises no objections within a period of four weeks
as from the notification of a request for adjustment duly justi-
fied by a Member State.

tonne of species provided that

2.
The Commission may, following the information received
from the Member States concerned, adjust the amounts and the
quantities set for the various species, in the light of their char-
acteristics and their production and marketing conditions,
within the overall financial provisions set out in Articles 3 to 7.

Such adjustment may be carried out within a region, between
regions belonging to one Member State or between different
Member States.

3.
Should adjustment be carried out between different
Member States, it shall be without prejudice to the scale for
allocating amounts available and shall be carried out within the
limits of the overall annual funding for the scheme as laid
down by the budget authority.

4.
The adjustment referred to in paragraphs 1, 2 and 3 shall
take account of all the relevant factors, in particular the biolo-
gical characteristics of the species, changes in additional costs
and qualitative and quantitative aspects of production and
marketing.

Article 9

Detailed rules of application

Detailed rules for the application of this Regulation shall be
adopted in accordance with the procedure laid down in Article
10(2).

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.

The Committee shall adopt its internal Rules of Proce-

3.
dure.

Article 11

Financing

The measures provided for in this Regulation shall constitute
intervention intended to stabilise the agricultural markets
within the meaning of Article 2 of Regulation (EC) No 1258/
1999 (1). They shall be financed by the Guarantee Section of
the European Agricultural Guidance and Guarantee Fund
(EAGGF).

Article 12

Reporting

By 1 June 2006 at the latest the Commission shall report to the
European Parliament, the Council and the European Economic
and Social Committee on the implementation of the measures
provided for in this Regulation, accompanied, if necessary, by
proposals for appropriate adjustments needed to achieve the
objectives laid down in this Regulation.

Article 13

Transitional measures

Requests to the Commission for adjustments pursuant
to
Article 2(6) of Regulation (EC) No 1587/98 on which no deci-
sion has been taken before the date of entry into force of this
Regulation shall be subject to the procedure laid down in
Article 8.

Article 10

Committee

Article 14

Entry into force

1.
The Commission shall be assisted by the Management
Committee for Fishery Products (hereinafter referred to as ‘the
Committee’).

This Regulation shall enter into force on the day of its publica-
tion in the Official Journal of the European Union.

It shall apply from 1 January 2003 until 31 December 2006.

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

Done at Brussels, 22 December 2003.

For the Council
The President
A. MATTEOLI

(1) OJ L 160, 26.6.1999, p. 103.

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ANNEX I

AZORES

(a) Tuna

Katsuwonus pelamis

Thunnus alalunga

Thunnus albacares

Thunnus obesus

Thunnus thynnus

(b) Species for marketing fresh

Phycis phycis

Beryx splendens

Pomatomus saltator

Sphyraena viridensis

Pagellus acame

Helicolenus dactylopterus dactylopterus

Cetrolabrus trutta

Labrus bergylta

Galeorhinus galeus

Pontinus kuhlii

Polyprion americanus

Coryphaena hippurus

Pseudocaranx dentex

Epigonus telescopus

Xiphias gladius

Serranus cabrilla

Serranus atricauda

Pagellus bogaraveo

Beryx decadactylus

Phycis blennoides

Seriola spp.

Loligo forbesi

Mora moro

Epinephelus guaza

Pagrus pagrus

Promethichthys prometeus

Lepidopus caudatus

Aphanopus carbo

Zeus faber, Zenopsis conchifer

Balistes carolinensis

Molva macrophthalma

Raja clavata

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Scorpaena scrofa

Conger conger

Mullus surmelutus

Diplodus sargus

Sarda sarda

Sparisoma cretense

(c) Small pelagics and deep-sea species

Scomber japonicus

Trachurus picturatus

Sardina pilchardus

Chaecon affinis

Aphanopus carbo

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ANNEX II

MADEIRA

(a) Tuna

Thunnus alalunga

Thunnus albacares

Thunnus Thynnus

Thunnus obesus

Katsuwonus pelamis

(b) Black scabbardfish

Aphanopus carbo

(c) Aquaculture products

Sparus aurata

Pagrus Pagrus

Pagellus Bogaraveo

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ANNEX III

CANARY ISLANDS

(a) Tuna

Thunnus alalunga

Thunnus albacares

Thunnus thynnus thynnus

Thunnus obesus

(b) Skipjack

Katsuwonus pelamis

(c) Pilchard

Sardina pilchardus

(d) Mackerel

Scomber spp.

(e) Cephalopods and demersal species

Dentex dentex

Dentex gibbosus

Dentex macrophatalmus

Diplodus sargus

Diplodus cervinus

Lithognathus mormyrus

Pagellus acarne

Pagellus bogaraveo

Pagellus erythrinus

Sparus aurata

Sparus caeruleostictus

Sparus auriga

Sparus pagrus

Spondyliosoma cantharus

Merluccius merluccius

Merluccius senegalensis

Merluccius polli

Phycis phycis

Lepidorhombus boscii

Lophius piscatorius

Dicologlossa cuneata

Solea vulgaris

Solea senegalensis

Seppia Officinalis

Sepia bertheloti

Sepia orbignyana

Loligo vulgaris

Loligo forbesi

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Octopus vulgaris

Todarodes sagittatus

Cynoglossus, spp

Allotheutis, spp.

(f) Aquaculture products

Sparus aurata

Sparus pagrus

Dicentrarchus labrax

Seriola spp.

Solea senegalensis

(a) Shrimp

Penaeus subtilis

Penaeus brasiliensis

Plesiopenaeus edwardsianus

Solenocra acuminata

ANNEX IV

GUIANA

(b) Non-industrial white fish to be marketed fresh or frozen

Cynoscion acoupa

Cynoscion virescens

Cynoscion steindachneri

Macrodon ancylodon

Plagioscion arenatus

Tarpon atlanticus

Megalopos atlanticus

Arius parkeri

Arius proops

Sphyrnidae

Carcharhinidae

Trachynotus cayennensis

Oligoplites saliens

Scomberomorus maculatus

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ANNEX V

RÉUNION

(a) Swordfish

Xiphias gladius

(b) Tuna

Thunnus albacares

Thunnus alalunga

Thunnus obesus

Thunnus maccoyii

Euthynus spp.

Katsuwonus spp.

(c) Marlin/Makaire

Makaira mazara

Makaira indica

Tetrapterus audax

(d) Shark

Carcharinus longimanus

Isurus oxyrinchus

(e) Sailfish

Isiophorus

(f) Dolphinfish

Coryphaena hippurus