Opinion of the Committee of the Regions on the ‘Proposal for a Council Regulation — European Fisheries Fund’
Date: 2005-02-23
Institutions: European Committee of the Regions
Subjects: EU financing, common fisheries policy, fund (EU), sustainable development

5.7.2005

EN

Official Journal of the European Union

C 164/31

Opinion of the Committee of the Regions on the ‘Proposal for a Council Regulation — European
Fisheries Fund’

(2005/C 164/04)

THE COMMITTEE OF THE REGIONS,

Having regard to the Commission Proposal
(COM(2004) 497 final — 2004/0169 (CNS));

for a Council Regulation — European Fisheries Fund

Having regard to the decision of the European Commission of 15 July 2004 to consult it on this subject,
under the first paragraph of Article 265 of the Treaty establishing the European Community;

Having regard to its President's decision of 26 May 2004 to instruct its Commission for Sustainable
Development to draw up an opinion on this subject;

Having regard to 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;

Having regard to Council Regulation (EC) No. 2371/2002 of 20 December 2002 on the conservation and
sustainable exploitation of fisheries resources under the Common Fisheries Policy;

Having regard to its opinion on the Commission Green paper on the future of the common fisheries
policy (COM(2001) 135 final — CdR 153/2001 (1));

Having regard to its opinion on the Commission Communication on the reform of the Common Fisheries
Policy (COM(2002) 181 final and on the Commission Communication setting out a Community Action
Plan to integrate environmental protection requirements into the Common Fisheries Policy (COM(2002)
186 final — CdR 189/2002 (2));

Having regard to its opinion on the Commission Communication — A strategy for the sustainable devel-
opment of European aquaculture (COM(2002) 511 final — CdR 20/2003 (2));

Having regard to its opinion on the financial perspectives: Communication from the European Commis-
sion Building our common Future — Policy challenges and Budgetary means of the Enlarged Union 2007-
2013 (COM(2004) 101 final — CdR 162/2004 fin);

Having regard to its draft opinion (CdR 252/2004 rev. 1) adopted on 9 December 2004 by its Commis-
sion for Sustainable Development (rapporteur: Sir Simon Day, Devon County Council, (UK/EPP));

WHEREAS

1)

2)

the common fisheries policy should provide for sustainable exploitation of living aquatic resources
and of aquaculture in the context of sustainable development, taking account of the environmental,
economic and social aspects in a balanced manner, specifically taking into consideration the circum-
stances of the regions of the European Union;

the sustainable development component of the common fisheries policy has been integrated into
the rules governing the Structural Funds since 1993. Its implementation should be pursued in the
context of sustainable development by means of the European Fisheries Fund;

(1) OJ C 107, 3.5.2002, p. 44
(2) OJ C 256, 24.10.2003, p. 29

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3)

4)

the scope of the common fisheries policy extends to the conservation, management and exploitation
of living aquatic resources and aquaculture, as well as the processing and marketing of fisheries and
aquaculture products in so far as those activities are practised on the territory of Member States, in
Community waters or by Community fishing vessels or nationals of Member States;

the European Fisheries Fund will have a substantial effect on the regions and it is therefore essential
that regional and local authorities are involved in the implementation of the measures proposed in
the regulation on the European Fisheries Fund;

adopted the following opinion at its 58th plenary session of 23 and 24 February 2005 (meeting of
23 February):

1. The Committee of the Regions' views

General remarks

THE COMMITTEE OF THE REGIONS

1.1 welcomes the European Commission's proposals for a
regulation on the European Fisheries Fund (EFF) to support a
sustainable fisheries sector. This fund is necessary as it is vital
that local fishing communities can maximise the volume of
support to assist fisheries, alternative economic development,
and environmental initiatives throughout the current process of
radical change;

is of the view that the EFF's budget of around €700
1.2
million per year is more or less in line with the budget of the
Financial Instrument for Fisheries Guidance (FIFG) for the EU's
current financial perspective. The Committee of the Regions
believes that this budget is a minimum to achieve the objec-
tives outlined in the proposal and should under no circum-
stances be reduced in negotiations with the other EU Institu-
tions. There is an acceptance that there is a finite pot distrib-
uted around more players and that due to cohesion new
Member States will benefit more from Convergence funding.
The financial challenge for ‘old’ Member States in the future
will be to spend smaller amounts in the best ways;

1.3
urges that Regions should have a clearly defined role in
each section of the European Fisheries Fund which has a direct
impact on the regional and local level. There should be provi-
sions to allow regionally administered schemes; for example
issue and local structures should
restructuring is a regional
allow local flexibility for interpretation to fit circumstances.
The regional structure should also enable a flexible interpreta-
tion of diversification to fit local circumstances;

1.4 welcomes efforts to introduce more selective and envir-
onmentally-friendly fishing techniques. Problems associated
with discards and bycatch, especially of cetaceans, have become
an increasingly serious problem in most parts of the European
Union in recent years. Efforts to counter these problems must,
however, take local circumstances into account;

agrees, in terms of structural aid, that the EFF should be
1.5
focused more towards conservation and environmental initia-
tives, safety, increasing product quality and diversification and
less on capital investment measures designed to increase capa-
city;

requests that

‘small-scale coastal
the definition of
1.6
fishing’ be extended, as it is currently restricted to vessels of an
overall length of less than 12 metres that do not use towed
gear, so that it may include small-scale, selective, environmen-
tally-friendly practices that are not necessarily linked to the
dimensions of the vessel;

suggests clarification is needed as to whether projects
1.7
will be allowed to be financed from more than one priority
axis to enable integrated activity at project level;

1.8
calls for the reconsideration of the mechanism of joint
enterprises and the extension of the intended use of vessels that
are to cease operating definitively, so that
these might be
converted into tools for economic progress in developing coun-
tries;

1.9
considers there should be compatibility between EFF
and Structural Funding during implementation to enable
Member States and partners to determine the most appropriate
funding instruments to fit the local circumstances. This link is
important as many future ERDF Competitiveness programmes
will not have standard provision set aside for fishing- depen-
dent areas as in the past, so without this option to use EFF or
Structural Funds,
some support activity for coastal area
communities might fall between a funding gap;

seeks clarification of the position regarding the Deci-
1.10
sion establishing Regional Advisory Councils (RACs) under the
Common Fisheries Policy (CFP), and the relationship of the
RACs to EFF management. The reform of the CFP adopted in
to improve
December 2002 provided for RACs in order
the Council
governance within the CFP and specified that
would decide on the establishment of RACs. RACs offer the
opportunity for stakeholders to be more closely involved in the
development of the CFP;

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1.11
suggests that clarification is needed on whether the
RACs will have any direct involvement in the EFF process. As
RACs are expected to increase the involvement of stakeholders
in the formulation and implementation of EU Fisheries Policy
in the coming years, there needs to be more information on
this aspect;

lished between the Commission, Member States and competent
local and regional authorities. This will ensure that appropriate
matched funding is made available to ensure that EFF financial
support is forthcoming for restructuring and economic devel-
opment in the fishing-dependent areas;

endorses

1.12
the emphasis placed on promotion of
equality between men and women in the Fisheries Industry as
well efforts to introduce young people and improve working
practices and conditions in this sector; suggests a set of case
studies, using examples from different Member States, would be
a useful tool for the Commission to produce to help spread
current experience and best practice.

Remarks on the administration of the European Fisheries Fund

that

recognises

1.13
the addition of new exceptions
regarding the application of rule N+2 increases the flexibility
and helps the regions especially those of the new Member
States to absorb in a timely and orderly manner the structural
funds; agrees with the proposals for pre-financing of one
annual entitlement (Article 78); suggests it would be helpful if
audits of the current system processes are completed in time to
provide useful input and case studies to aid design of the next
programme;

considers monitoring should be simplified and mini-
1.14
mised, but should still be sufficient to show evidence that
programmes have been implemented within the rules and
demonstrate what activity has been effective. Alongside this,
the audit requirements should be simplified and clarified and
the Committee of the Regions recommends that the proposals
maintain the definition of officially recognised organisations as
in Regulation 3759/92;

recommends that the fund should give priority to
1.15
projects intended to deliver more money per unit of
fish
landed, e.g. quality schemes, improving supply chain linkages
and improving market knowledge and understanding for
vessels and processors. Projects to find alternative and addi-
tional uses for fishing industry infrastructure could be covered,
so that a reduction in the number of vessels might not be the
end of the infrastructure if it also has an additional customer/
user base.

Remarks on specific articles

1.16 welcomes efforts to establish a clearer framework for
the EFF and a more ‘strategic’ approach to Fisheries Policy
generally.
the Regions
welcomes the ‘partnership’ approach (Article 8) to be estab-

the Committee of

In particular,

1.17
requests that the Commission consults the Committee
of the Regions for its views for the content of the Community
Strategic Guidelines (Article 14) as this would ensure input
from the level of government closest to those most affected;

1.18
strongly recommends that the strategic report from
each Member State (Article 17) includes reference to the Part-
ners of the Member State and how the Member State has
worked with their Partners;

calls on the Commission to clarify the scope of assis-
1.19
tance aimed at the ‘economic and social prosperity’ of fishing
areas, under Axis 4 for ‘Sustainable Development’ (Article 42);

1.20
suggests a clarification and further investigation of the
designation of areas mentioned in Article 42.3. It may be that
in this context delegated management should be along the
same lines as mainstreamed Leader, which would enable a
degree of coordination with, and learning from, Community-
based initiatives within the European Agricultural Fund for
Rural Development (EAFRD);

requests that more practical

1.21
information should be
made available in Article 44 under Axis 4, on the proposed
Coastal Action Groups (CAGs). This should include clarification
how CAGs are intended to be positioned within regional and
local level structures of government, as well as details of their
size and composition, administrative and financial capacity.
There also needs to be clarification on how the responsibility
of the private sector is intended to be defined in Article 44.2;

1.22
Article 45 (c);

calls for clarification of what partners are covered by

1.23
suggests it would be helpful if the Commission better
define at this early stage what would be deemed ‘force majeure’
under EFF to enable a better understanding of Article 90;
suggests that the Commission should as a first instance include
loss occasioned by any of the following: political unrest, hostili-
ties, threat of war, terrorist activity, and not include losses
from: strikes,
industrial disputes, closure of ports, weather
conditions;

1.24
considers that it may be more appropriate for the
aquaculture problems under Article 32 to be placed as an
aspect within Article 90.

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2. The recommendations of the Committee of the Regions

Recommendation 1

Point 29 of the preamble

Text proposed by the Commission

CoR amendment

29

The Community fleet should be reduced in order to
adapt it to the available and accessible resources;

29

The Community fleet
should be
reduced adjusted in order to adapt it to the available
and accessible resources.

fishing effort

R e a son

Reducing the fleet is only one of several ways to adjust the fishing effort in line with the available
resources. Measures for adjusting the fishing effort should be implemented when justified by the resources.

Recommendation 2

Point 33 of the preamble

Text proposed by the Commission

CoR amendment

33. Detailed rules should be laid down for granting aid
to aquaculture, processing and marketing of fisheries
and aquaculture products, while ensuring that theses
sectors retain economic viability; for this purpose, it
is necessary to identify a limited number of priority
objectives for assistance and to focus the structural
aid on micro and small enterprises;

33. Detailed rules should be laid down for granting aid
to aquaculture, processing and marketing of fisheries
and aquaculture products, while ensuring that theses
sectors retain economic viability; for this purpose, it
is necessary to identify a limited number of priority
objectives for assistance and to focus the structural
aid on micro and small enterprises;

R e a son

Medium-sized enterprises should not be excluded from aid to aquaculture, processing and marketing of
fish products. Many of these enterprises, particularly in the canning industry, fall under the definition of
medium-sized enterprises because they employ a large workforce; however, their volume of business is
well below the threshold for medium-sized enterprises. This is therefore incompatible with the necessary
trend towards the concentration of the sector.

Recommendation 3

Article 4

Text proposed by the Commission

CoR amendment

(e)

sustainable

encourage
the
improvement of the quality of life in marine, lake
and coastal areas affected by fishing and aquaculture
activities;

development

and

(e)

R e a son

Clarification of priorities.

sustainable

encourage
the
improvement of the quality of life in marine, lake
and coastal areas affected by fishing and aquaculture
activities, particularly in peripheral maritime regions;

development

and

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C 164/35

Recommendation 4

Article 6

Text proposed by the Commission

CoR amendment

Complementarity, consistency and compliance

Complementarity, consistency and compliance

The Fund shall provide assistance which comple-
integrating

1.
ments national, regional and local measures,
into them the priorities of the Community.

The Fund shall provide assistance which comple-
integrating

1.
ments national, regional and local measures,
into them the priorities of the Community.

2.
shall
The Commission and the Member States
ensure that assistance from the Funds is consistent with
the activities, policies and priorities of the Community.

2.
shall
The Commission and the Member States
ensure that assistance from the Funds is consistent with
the activities, policies and priorities of the Community.

3.
The Member States ensure that operations financed
by the Fund comply with the provisions of the Treaty and
of acts adopted under it, and with Community policies
and actions, in particular relating to the rules on competi-
tion and the award of public contracts and the protection
and improvement of the environment.

3.
The Member States ensure that operations financed
by the Fund comply with the provisions of the Treaty and
of acts adopted under it, and with Community policies and
actions, in particular relating to the rules on competition
and the award of public contracts and the protection and
improvement of the environment.

Operations financed by the Fund shall not contri-

4.
bute directly or indirectly to increasing fishing effort.

The provisions of article 16 of Regulation (EC) No.

5.
2371/2002 shall apply.

4.
Operations financed by the Fund shall not contri-
bute directly or indirectly to increasing fishing effort where
there is a clear risk of overcapacity. Neither shall the Fund
contribute to increasing fishing effort of species that are
to quotas and regulation or of species whose
subject
stocks are outside a biologically safe framework. Funding
for fishing of clearly underfished species is, however,
permitted.

The provisions of article 16 of Regulation (EC) No.

5.
2371/2002 shall apply.

R e a son

Without this clarification the Article brings in an unwelcome total ban on increasing fishing capacity.

Recommendation 5

Article 9

Text proposed by the Commission

CoR amendment

1.

the operational programmes
Implementation of
shall be the responsibility of Member States. That
responsibility shall be exercised in accordance with
the management and control
laid
down in this Regulation at the appropriate territorial
level.

requirements

1.

Implementation of the operational programmes shall
be the responsibility of Member States, working
with designated partners. That responsibility shall be
exercised in accordance with the management and
control requirements laid down in this Regulation at
the appropriate territorial level.

R e a son

This should lead to improved partnership.

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Recommendation 6

Article 10

Text proposed by the Commission

CoR amendment

1.

1.

The Community budget allocated to the Fund shall
be implemented within the framework of shared
management between the Member States and the
Commission,
in accordance with Article 53 of
Council Regulation (EC) No 1605/2002. However,
the budget for technical assistance referred to in
Article 45(1)
is implemented by the Commission
within the framework of direct management. The
Member States and the Commission shall ensure
compliance with the principles of sound financial
management in accordance with Article 274 of the
Treaty.

The Community budget allocated to the Fund shall
be implemented within the framework of shared
the Member
management between the Regions,
in accordance with
States and the Commission,
Article 53 of Council Regulation
(EC) No.
1605/2002. However, the budget for technical assis-
tance referred to in Article 45(1) is implemented by
the Commission within the framework of direct
management. The Member States and the Commis-
sion shall ensure compliance with the principles of
sound financial management
in accordance with
Article 274 of the Treaty.

R e a son

Regions should have a clearly defined role in each area of the European Fisheries Fund which has an
level. To this end, regions should be incorporated into the ‘shared
impact on the local and regional
management’ approach advanced by the Commission, to ensure that they are in the administration and
delivery of the EFF.

Recommendation 7

Article 18

Text proposed by the Commission

CoR amendment

2.

take

shall

Assistance
form of operational
the
programmes only. Member States shall draw up an
operational programme at national level on comple-
tion of close consultations with the regional, local,
economic and social partners in the fisheries sector
and all other appropriate bodies in accordance with
their institutional structure.

2.

the

take

shall

form of operational
Assistance
programmes only. Member States,
in cooperation
with local and regional authorities as well as
economic and social partners, shall draw up an
operational programme at national level on comple-
tion of close consultations with the regional, local,
economic and social partners in the fisheries sector
and all other appropriate bodies in accordance with
their institutional structure.

R e a son

This should lead to improved partnership.

Recommendation 8

Article 19

Text proposed by the Commission

CoR amendment

(c)

structures

actions aimed at improving and modernising the
administrative
implementing the
Common Fisheries Policy and strengthening the
administrative capacity for the management and
inspection of the Fund;

for

(c)

for

structures

actions aimed at improving and modernising the
administrative
the
Common Fisheries Policy and strengthening the
administrative capacity for the management and
inspection of the Fund,
including delegating some
functions of the Managing Authority to sub-regions
to streamline the operation;

implementing

R e a son

The proposed Managing Authority or its partial operation should be delegated below national level. The
experience of both PESCA funding (1996-2000) and the current Objective 1 (2000-2006) programmes
show that the most efficient, streamlined and simple operation of programme delivery requires local
management. The Regulation must therefore allow Member States to delegate some of the functions of
Managing Authority to the local partnerships.

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C 164/37

Recommendation 9

Article 23

Text proposed by the Commission

Scope

CoR amendment

Scope

The Fund shall contribute to financing:

The Fund shall contribute to financing:

(a) public aid for ship owners and crews affected by
national plans to adjust fishing effort where these form
part of the following:

(a) public aid for ship owners and crews affected by
national plans to adjust fishing effort where these form
part of the following:

— recovery plans as referred to in Article 5 of Regu-

— recovery plans as referred to in Article 5 of Regu-

lation (EC) No 2371/2002;

lation (EC) No 2371/2002;

— emergency measures as referred to in Articles 7

— emergency measures as referred to in Articles 7

and 8 of Regulation (EC) No. 2371/2002;

and 8 of Regulation (EC) No. 2371/2002;

— national effort adjustment plans following the non-
renewal of a fisheries agreement between the Com-
munity and a third country or a substantial cut in
fishing opportunities under an international agree-
ment or other arrangement;

— national effort adjustment plans following the non-
renewal of a fisheries agreement between the Com-
munity and a third country or a substantial cut in
fishing opportunities under an international agree-
ment or other arrangement;

— management plans as referred to in Article 6 of

— management plans as referred to in Article 6 of

Regulation (EC) No. 2371/2002;

Regulation (EC) No. 2371/2002;

— national plans for exit

from the fleet with a
maximum duration of two years as part of the obli-
gations laid down in Articles 11 to 16 of Regu-
lation (EC) No. 2371/2002 on the adjustment of
the capacity of the Community fishing fleet.

— national plans for exit

from the fleet with a
maximum duration of two years as part of the obli-
gations laid down in Articles 11 to 16 of Regu-
lation (EC) No. 2371/2002 on the adjustment of
the capacity of the Community fishing fleet.

R e a son

The validity period of the effort adjustment plans should at least match that of the programmes they are
part of.

Recommendation 10

Article 24 (6)

Text proposed by the Commission

CoR amendment

6.

6.

The duration of the national fishing effort adjust-
ment plans referred to in Article 23 (a) shall not
exceed two years.
In the cases provided for in Article 23 (a), first,
second and fourth indent, the national plans shall be
adopted by the Member States within two months
following the date of the Council or Commission
decision.
In the cases provided for in Article 23 (a), third
indent, the Member States shall adopt the restruc-
turing plans for the vessels and fishermen affected
within two months following the notification from
the Commission.

The duration of the national fishing effort adjust-
ment plans referred to in Article 23 (a) shall not
exceed two years.
In the cases provided for in Article 23 (a), first,
second and fourth indent, the national plans shall be
adopted by the Member States within two months
following the date of the Council or Commission
decision.
In the cases provided for in Article 23 (a), third
indent, the Member States shall adopt the restruc-
turing plans for the vessels and fishermen affected
within two four months following the notification
from the Commission.

R e a son

In a 2007-13 programming framework, it does not seem justifiable to limit the fleet adjustment plans to
only two years. As regards the second correction, two months is insufficient time and should be extended
to at least four months.

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Recommendation 11

Article 25

Text proposed by the Commission

CoR amendment

Public aid for permanent cessation

Public aid for permanent cessation

1.
The Fund shall provide assistance for the part-finan-
cing of the permanent cessation of fishing activities of
vessels provided it forms part of a fishing effort adjustment
plan referred to in Article 23 (a). The definitive cessation
of fishing activities of a vessel may be achieved only by
the scrapping of the vessel or its re-assignment for non-
profit making purposes.

1.
The Fund shall provide assistance for the part-finan-
cing of the permanent cessation of fishing activities of
vessels provided it forms part of a fishing effort adjustment
plan referred to in Article 23 (a). The definitive cessation
of fishing activities of a vessel may be achieved only by the
scrapping of the vessel or its re-assignment for non-profit
making purposes.

Public aid for definitive cessation paid to the owners of
vessels shall apply to the vessel's fishing capacity and,
where appropriate, to the fishing rights associated with it.

Public aid for definitive cessation paid to the owners of
vessels shall apply to the vessel's fishing capacity and,
where appropriate, to the fishing rights associated with it.

R e a son

Public aid for permanent cessation of the fleet is intended to ensure the reduction of the fishing fleet. This
reduction is achieved through the elimination of the vessel in question and not through the elimination of
the rights of access to certain fisheries. In the case of the vessels of the NEAFC fleet, to eliminate a fishing
unit would entail eliminating the currently legal possibility of ‘saving up’ their rights of access to other
vessels from the same fleet in order to have better access, in terms of coefficients, to the allocation of indi-
vidual quotas.

Recommendation 12

Article 26 (1)

Text proposed by the Commission

CoR amendment

Public aid for temporary cessation

Public aid for temporary cessation

1.
In the context of the fishing effort adjustment plans
referred to in Article 23 (a),
first, second and fourth
indent, the Fund may contribute to the financing of aid
measures for the temporary cessation of fishing activities
for fishermen and the owners of vessels for a maximum
period of one year, which may be extended by a year.

1.
In the context of the fishing effort adjustment plans
referred to in Article 23 (a),
first, second and fourth
indent, the Fund may contribute to the financing of aid
measures for the temporary cessation of fishing activities
for fishermen and the owners of vessels for a maximum
period of one year, which may be extended by a year.

These temporary cessation measures shall accompany a
fishing effort adjustment plan ensuring within two years a
to the
permanent reduction in capacity equal at
reduction in fishing effort resulting from the temporary
cessation.

least

These temporary cessation measures shall accompany a
fishing effort adjustment plan ensuring within two years a
to the
permanent reduction in capacity equal at
reduction in fishing effort resulting from the temporary
cessation.

least

R e a son

Measures for temporary cessation must have a positive sustainable effect; therefore they must form part of
a fishing effort adjustment plan. However, to set the condition that the fleet undergoes a permanent reduc-
tion equal at least to the reduction in fishing effort resulting from temporary cessation is excessive. It must
be left to each Member State to decide in their plan of adjustment.

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Recommendation 13

Article 27

Text proposed by the Commission

CoR amendment

Investments on board fishing vessels and selectivity

Investments on board fishing vessels and selectivity

The Fund may contribute to the financing of equip-

1.
ment:

1.
ment:

The Fund may contribute to the financing of equip-

(a) provided for in Article 11(5) of Regulation (EC) No

(a) provided for in Article 11(5) of Regulation (EC) No

2371/2002;

2371/2002;

(b) making it possible for catches to be kept on board the

(b) making it possible for catches to be kept on board the

discarding of which is no longer authorised;

discarding of which is no longer authorised;

(c) as part of pilot projects covering the preparation or
trial of new technical measures for a limited period to
be set by the Council or the Commission;

(c) as part of pilot projects covering the preparation or
trial of new technical measures for a limited period to
be set by the Council or the Commission;

(d) for reducing the impact of fishing on habitats and the
sea bottom and on non-commercial species excluding
fishing gear.

(d) for reducing the impact of fishing on habitats and the
sea bottom and on non-commercial species excluding
fishing gear.

2.
The Fund may contribute to the financing of invest-
ments to achieve the selectivity of fishing gear provided
that the vessel concerned is affected by a recovery plan
referred to in Article 23(a), first indent, is changing fishing
method, and is leaving the fishery concerned to go to
another fishery where the state of the resource makes
fishing possible and that the investment only concerns the
first replacement of the fishing gear.

3.
In addition to the cases described in paragraph 2,
the Fund may contribute to the financing of the first repla-
cement of fishing gear provided that the new gear is more
selective and meets recognised environmental criteria and
practices which go beyond existing regulatory obligations.

(e) related to more selective or low impact fishing techni-
ques, avoiding undesirable by-catches, improvement of
quality and safety of products caught and stored on
board, improvement of working and safety conditions.

2.
The Fund may contribute to the financing of invest-
ments to achieve the selectivity of fishing gear provided
that the vessel concerned is affected by a recovery plan
referred to in Article 23(a), first indent, is changing fishing
method, and is leaving the fishery concerned to go to
another fishery where the state of the resource makes
fishing possible and that the investment only concerns the
first replacement of the fishing gear.

3.
In addition to the cases described in paragraph 2,
the Fund may contribute to the financing of the first repla-
cement of fishing gear provided that the new gear is more
selective and meets recognised environmental criteria and
practices which go beyond existing regulatory obligations.

The Fund may provide financial assistance for the

4.
building of new vessels provided that:

— the measure is set out in sufficient detail in the national

strategic plan

— it does not reduce the effectiveness of the national

fishing effort adjustment plan.

R e a son

To ensure that assistance can include provision for equipping or modernising vessels to upgrade the stan-
dards of the fleet and to prevent the Community fishing fleet from becoming obsolete, provided that the
effectiveness of the national fishing effort adjustment plan is not reduced.

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Recommendation 14

Article 27 a

Text proposed by the Commission

CoR amendment

Small-scale coastal fishing

Small-scale coastal fishing

1.
For the purposes of this Article, '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 Regu-
lation (EC) No. 26/2004 of 30 December 2003 regarding
the fishing vessels register of the Community( ).

1.
For the purposes of this Article, '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 Regu-
lation (EC) No. 26/2004 of 30 December 2003 regarding
the fishing vessels register of the Community( ).

2. Where the Fund provides financing for measures
under Article 27 of this Regulation in favour of small-scale
coastal
fishing the private financial participation rate
shown in group 2 of the table in Annex II shall be reduced
by 20%.

2. Where the Fund provides financing for measures
under Article 27 of this Regulation in favour of small-scale
coastal
fishing the private financial participation rate
shown in group 2 of the table in Annex II shall be reduced
by 20%.

3. Where the Fund provides financing for measures
under Article 28 of this Regulation the rates shown in
group 3 of Annex II shall be applied.

3. Where the Fund provides financing for measures
under Article 28 of this Regulation the rates shown in
group 3 of Annex II shall be applied.

4.
The Fund may contribute to the payment of
premiums for fishermen and vessel owners involved in
small-scale coastal fishing in order to:

4.
The Fund may contribute to the payment of
premiums for fishermen and vessel ship owners involved
in small-scale coastal fishing in order to:

— Improve management and control of access conditions

— Improve management and control of access conditions

to certain fishing areas;

to certain fishing areas;

— Promote the organisation of the production, processing

— Promote the organisation of the production, processing

and marketing chain of fisheries products;

and marketing chain of fisheries products;

— Promote voluntary steps to reduce fishing effort for the

— Promote voluntary steps to reduce fishing effort for the

conservation of resources;

conservation of resources;

— Use technological

innovations (more selective fishing
techniques which go beyond the relevant regulatory
requirements) that do not increase fishing effort;

— Use technological

innovations (more selective fishing
techniques which go beyond the relevant regulatory
requirements) that do not increase fishing effort;

The rates laid down in group 3 of the table of Annex II of
this Regulation shall be applied.

— Promote fishing of clearly underfished species.
— Assist renovation to improve integrated development

of coastal areas;

— Improve safety equipment on board as well as hygiene

and working conditions;

— Introduce the use of degradable fishing gear in specially

protected marine areas;

The rates laid down in group 3 of the table of Annex II of
this Regulation shall be applied.

R e a son

To improve the definition and scope of the article and because fisheries professionals should be encouraged
to look to underfished species rather than focusing on stocks where there is currently overcapacity.

5.7.2005

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Official Journal of the European Union

C 164/41

Recommendation 15

Article 28

Text proposed by the Commission

CoR amendment

Socio-economic compensation for the management of
the fleet

Socio-economic compensation for the management of
the fleet

1.
The Fund may contribute to the financing of socio-
economic measures proposed by the Member States for
fishermen affected by developments in fishing and which
involve:

1.
The Fund may contribute to the financing of socio-
economic measures proposed by the Member States for
fishermen affected by developments in fishing and which
involve:

(a) the diversification of

activities with a view to
promoting multiple jobs for people actively employed
in the fishing sector;

(a) the diversification of

activities with a view to
promoting multiple jobs for people actively employed
in the fishing sector;

(b) schemes for
fishing;

retraining in occupations outside sea

(b) schemes for
fishing;

retraining in occupations outside sea

(c) early departure from the fishing sector, including early

(c) early departure from the fishing sector, including early

retirement;

retirement;

2.
The Fund may also contribute to the financing of
training measures and training incentives for young fish-
ermen who wish to become owners of a fishing vessel for
the first time.

(d) minimising the impact of a temporary fishing ban.
(e) the loss of jobs on board vessels covered by permanent

cessation measures.

2.
The Fund may also contribute to the financing of
training measures and training incentives for young fish-
ermen who wish to become owners of a fishing vessel for
the first time.

R e a son

Clearly, businesses should not have to suffer economically from a ban imposed by the authorities. Further-
more, fishing effort adjustment measures will lead to the elimination of fishing units and the corresponding
jobs. Socio-economic measures must also cover crews affected by the elimination of vessels qualifying for
permanent cessation, as set out in the framework currently in force.

Recommendation 16

Article 30

Text proposed by the Commission

Eligible measures

CoR amendment

Eligible measures

The Fund shall assist investments helping to realise

1.
one or more of the following objectives:

The Fund shall assist investments helping to realise

1.
one or more of the following objectives:

a) diversification towards new species and production of

a) diversification towards new species and production of

species with good market prospects;
b) implementation of breeding methods

reducing environmental
normal practice in the fisheries sector;

substantially
impact when compared with

species with good market prospects;

b) implementation of breeding methods substantially redu-
impact when compared with

cing environmental
normal practice in the fisheries sector;

c) support for traditional aquaculture activities important
for preserving both the economic and social fabric and
the environment;

c) support for traditional aquaculture activities important
for preserving both the economic and social fabric and
the environment;

d) measures of common interest relating to aquaculture as
provided for in Chapter III of this Title and vocational
training;

d) measures of common interest relating to aquaculture as
provided for in Chapter III of this Title and vocational
training;

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Official Journal of the European Union

5.7.2005

Text proposed by the Commission

CoR amendment

e) compensating for the use of aquaculture production
the environment and

methods helping to protect
conserve nature;

e) compensating for the use of aquaculture production
the environment and

methods helping to protect
conserve nature;

f) implementation of public and animal health measures.

f) implementation of public and animal health measures.

2.
small businesses.

Investment aid shall be reserved for micro and

Investment aid shall be reserved for micro and small

2.
businesses.

R e a son

The EFF contributes to the creation of jobs and the generation of new economic activities in the aquacul-
ture sector and the marketing and processing of its products. This contribution should not be limited to
investments by micro and small businesses. The Member States will, according to their possibilities, be able
to prioritise assistance to projects that enable more efficient socio-economic development of the fisheries
sector and fishing-dependent areas.

Recommendation 17

Article 33

Text proposed by the Commission

CoR amendment

Investments in processing and marketing

Investments in processing and marketing

1.
The Fund may support, under the specific strategies
to be included in the national strategic plans, investments
in processing for direct human consumption and in the
marketing of fishery and aquaculture products. This aid is
restricted to micro and small enterprises.

1.
The Fund may support, under the specific strategies
to be included in the national strategic plans, investments
in processing for direct human consumption and in the
marketing of fishery and aquaculture products. This aid is
restricted to micro and small enterprises.

R e a son

The EFF contributes to the creation of jobs and the generation of new economic activities in the aquacul-
ture sector and the marketing and processing of its products. This contribution should not be limited to
investments by micro and small businesses. The Member States will, according to their possibilities, be able
to prioritise assistance to projects that enable more efficient socio-economic development of the fisheries
sector and fishing-dependent areas.

Recommendation 18

Article 34.2

Text proposed by the Commission

CoR amendment

(g)

adding value at
secondary processing.

source

such as primary and

R e a son

This is one of the main objectives of many current strategies and encourages significant economic develop-
ment within new and existing processing enterprises.

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Official Journal of the European Union

C 164/43

Recommendation 19

Article 36

Text proposed by the Commission

CoR amendment

(e)

contribute towards the initial set up costs of collec-
tive groups in the fisheries sector.

R e a son

The assistance towards projects by collectives is welcomed. However, collective actions often require new
organisations to be set up, thus assistance towards initial set up costs should be included in the assistance.

Recommendation 20

Article 38.2

Text proposed by the Commission

CoR amendment

(f)

assistance to upgrade quayside fish markets.

R e a son

This is an area where added value helps underpin the other investments mentioned in the Article.

Recommendation 21

Article 39 (3)

Text proposed by the Commission

CoR amendment

3.

The investments shall relate to:
(a) conducting national and transnational promo-

3.

The investments shall relate to:
(a) conducting national and transnational promo-

tion campaigns;

tion campaigns;

(b) the disposal of surplus or underexploited species
which are discarded or of no commercial
interest;

(b) the disposal of surplus or underexploited species
which are normally discarded or of no commer-
cial interest;

(c) implementation of a quality policy for fishery

(c) implementation of a quality policy for fishery

and aquaculture products;

and aquaculture products;

(d) promotion of products obtained using methods

(d) promotion of products obtained using methods

with low impact on the environment;

with low impact on the environment;

(e) promotion of products recognised under the

(e) promotion of products recognised under the

terms of Regulation (EEC) No 2081/92;

terms of Regulation (EEC) No 2081/92;

(f) quality certification;
(g) labelling,

including the labelling of products
caught using environmentally friendly fishing
methods;

(f) quality certification;
(g) labelling,

including the labelling of products
caught using environmentally friendly fishing
methods;

(h) product promotion campaigns or campaigns to

(h) product promotion campaigns or campaigns to

improve the image of the fisheries sector;

improve the image of the fisheries sector;

(i) implementation of market surveys.

(i) implementation of market surveys.
(j) promoting the creation and work of fisheries

producer organisations

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5.7.2005

R e a son

The first part of the amendment improves clarity and the second part aims at ensuring that support for
fisheries and producer organisations continue, given the positive effect the FIFG funds have had on
promoting fisheries products in this way.

Recommendation 22

Article 41

Text proposed by the Commission

CoR amendment

Modification or reassignment of fishing vessels

Modification or reassignment of fishing vessels

The Fund may support the modification of fishing vessels
for exclusively training or research purposes in the fish-
eries sector by public or semi-public bodies, under the flag
of a Member State.

The Fund may support the modification of fishing vessels
for exclusively training or research purposes in the fish-
eries sector by public or semi-public bodies, under the flag
of a Member State.

The Fund may support actions to reassign a fishing vessel
permanently to non profit-making activities outside profes-
sional fishing.

The Fund may support actions to reassign a fishing vessel
permanently to non profit-making activities outside profes-
sional fishing.

R e a son

Fishing vessels must be encouraged to take up other activities, including profit-making activities, provided
that these are not related to professional fishing. The Multi-Annual Guidance Programmes for fishing fleets
that were in force until 2002 would have achieved better results had they allowed vessels to engage in
non-fishing activity — including commercial activity — such as tourism, for example.

Recommendation 23

Article 42

Text proposed by the Commission

CoR amendment

Scope of assistance

Scope of assistance

1.
The Fund shall provide assistance, in addition to the
other Community instruments, for the sustainable develop-
ment and improvement of the quality of life of coastal
fishing areas and particularly the peripheral maritime
areas, eligible as part of an overall strategy which seeks to
support
the
common fisheries policy, in particular taking account of its
socio-economic consequences.

the implementation of

the objectives of

The measures for the sustainable development of

2.
coastal fishing areas shall seek to:

(a) maintain the economic and social prosperity of these
areas and value to fisheries and aquaculture products;

(b) maintain and develop jobs in coastal

fishing areas
through support for diversification or the economic
and social restructuring of areas faced with socio-
economic difficulties as a result of changes in the fish-
eries sector;

(c) promote the quality of the coastal environment;
(d) support and develop cooperation between national and

transnational coastal fishing areas.

3.
Each Member States shall include in its operational
programme a list of the areas eligible for support from the
Fund under sustainable development of coastal areas.

1.
The Fund shall provide assistance, in addition to the
other Community instruments, for the sustainable develop-
ment and improvement of the quality of life of coastal
fishing areas eligible as part of an overall strategy which
seeks to support the implementation of the objectives of
the common fisheries policy, in particular taking account
of its socio-economic consequences.

The measures for the sustainable development of

2.
coastal fishing areas shall seek to:

(a) maintain the economic and social prosperity of these
areas and value to fisheries and aquaculture products;

(b) maintain and develop jobs in coastal

fishing areas
through support for diversification or the economic
and social restructuring of areas faced with socio-
economic difficulties as a result of changes in the fish-
eries sector;

(c) promote the quality of the coastal environment;
(d) support and develop cooperation between national

and transnational coastal fishing areas.

3.
Each Member States shall include in its operational
programme a list of the areas eligible for support from the
Fund under sustainable development of coastal areas.

A fisheries coastal area is generally smaller than NUTS III,
with a sea or lake shore, or including a river estuary which
has links with fisheries. The area should be reasonably be
and oceanographical,
coherent
economic and social view point.

from a geographical

The area should have low population density shall, a
significant
level of employment in the fisheries sector,
fishing shall be in decline, and there shall be no munici-
pality with more than 100 000 inhabitants.

The Member State shall inform the Commission of

4.
the eligible areas under paragraph 3

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Official Journal of the European Union

C 164/45

Text proposed by the Commission

CoR amendment

A fisheries coastal area is generally smaller than NUTS III,
with a sea or lake shore, or including a river estuary which
has links with fisheries. The area should be reasonably be
coherent
and oceanographical,
economic and social view point.

from a geographical

The area should have low population density shall, a
significant
in the fisheries sector,
fishing shall be in decline, and there shall be no munici-
pality with more than 100 000 inhabitants.

level of employment

The Member State shall inform the Commission of

4.
the eligible areas under paragraph 3

R e a son

The first part of the amendment serves to clarify the priorities. The second part of the amendment is moti-
vated by the fact that the article's first two paragraphs set out the basic guidelines for the measure. As the
condition that areas be reasonably coherent from a geographical, oceanographical, economic and social
view point is sufficient, there should be no restriction to municipalities with less than 100 000 inhabitants.

Recommendation 24

Article 44

Text proposed by the Commission

CoR amendment

Participation in the sustainable development

for

Participation in the sustainable development

for

coastal fishing areas

coastal fishing areas

1.
Actions to assist sustainable development of coastal
fishing areas shall be implemented on a given territory by
a group of local public or private partners set up for this
purpose, hereafter called the 'coastal action group' (CAG).
Each CAG, established in accordance with the law of the
Member State concerned, shall be selected transparently
following a public call for proposals.

1.
Actions to assist sustainable development of coastal
fishing areas shall may be implemented on a given terri-
tory by a group of local public and/or private partners set
up for this purpose, hereafter called the 'coastal action
group' (CAG). Each CAG, established in accordance with
the law of the Member State concerned, shall be selected
transparently following a public call for proposals.

2.
Operation carried out on the initiative of CAGs
shall be the responsibility of the private sector for a least
two third of the projects.

2.
Operation carried out on the initiative of CAGs shall
be the responsibility of the private sector for a least two
third of the projects.

3.
The CAGs may qualify for support from the Fund
provided that they carry out integrated local development
actions based on a bottom up process and applied in a
given territory or to a specific category of persons or type
of projects. The Member State shall ensure that the CAG
has sufficient administrative and financial capacity to
administer
and successfully
complete the planned operations.

forms of

assistance

the

3.
The CAGs may qualify for support from the Fund
provided that they carry out integrated local development
actions based on a bottom up process and applied in a
given territory or to a specific category of persons or type
of projects. The Member State shall ensure that the CAG
has sufficient administrative and financial capacity to
administer
and successfully
complete the planned operations.

forms of

assistance

the

4.
The territory covered by the CAG should be consis-
tent and have sufficient critical mass in terms of human,
financial and economic resources to support a viable
development strategy.

4.
The territory covered by the CAG should be consis-
tent and have sufficient critical mass in terms of human,
financial and economic resources to support a viable devel-
opment strategy.

5.
The CAGs in a given Member State or region,
depending on the specific nature of the institutional struc-
ture, shall form a joint association with statutes which
guarantee their proper functioning.

5.
The CAGs in a given Member State or region,
depending on the specific nature of the institutional struc-
ture, shall form a joint association with statutes which
guarantee their proper functioning.

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Official Journal of the European Union

5.7.2005

Text proposed by the Commission

CoR amendment

6.
The CAGs should be enabled to exchange best prac-
tices and capacity building experiences with Leader action
groups.

R e a son

The first part of the amendment improves clarity and flexibility for local conditions. Point 2 of the
Commission text is deleted as no limit should be imposed on projects that can be carried out on the initia-
tive of the public sector in this area and as the priority should be to do everything to enable projects that
contribute to achieving the stated aims, regardless of whether it is the public or the private sector over-
seeing the projects. The new point 6 is motivated by the need to learn from best practice developed for
rural communities under the Structural Funds. This should lead to improved organisation and CAG start
up at the beginning of the programme period.

Recommendation 25

Article 54

Text proposed by the Commission

CoR amendment

Eligibility of expenditure

Eligibility of expenditure

1.
Expenditure shall be eligible for a contribution from
the Fund if it has actually been incurred by the beneficiary
for carrying out an operation between 1 January 2007 and
31 December 2015. Operations co-financed must not
have been completed before the starting date for eligibility.

1.
Expenditure shall be eligible for a contribution from
the Fund if it has actually been incurred by the beneficiary
for carrying out an operation between 1 January 2007 and
31 December 2015. Operations co-financed must not have
been completed before the starting date for eligibility.

2.
Expenditure shall be eligible for a contribution from
it has been incurred for operations
the Fund only if
decided on by the managing authority of the operational
programme concerned or under
responsibility in
accordance with criteria set in advance by the monitoring
committee.

its

2.
Expenditure shall be eligible for a contribution from
it has been incurred for operations
the Fund only if
decided on by the managing authority of the operational
programme concerned or under
responsibility in
accordance with criteria set in advance by the monitoring
committee.

its

introduced during the review of an
A new expenditure,
operational programme, shall be eligible from the date of
the receipt by the Commission of the request for modifica-
tion of the operational programme.

introduced during the review of an
A new expenditure,
operational programme, shall be eligible from the date of
the receipt by the Commission of the request for modifica-
tion of the operational programme.

3.
The rules on eligibility of expenditure shall be laid
down at national level subject to the exceptions provided
in this Regulation.

3.
The rules on eligibility of expenditure shall be laid
down at national level subject to the exceptions provided
in this Regulation.

4.

The following expenditure is not eligible:

4.

The following expenditure is not eligible:

(a) VAT;
(b) debt interest;
(c) purchase of land for an amount higher than 10% of
total eligible expenditure for the action concerned;

(a) VAT;
(b) debt interest;
(c) purchase of land for an amount higher than 10% of
total eligible expenditure for the action concerned;

(d) accommodation.

(d) accommodation.

Provisions in paragraphs 1 to 3 of this Article shall

5.
be without prejudice to the provisions of Article 45.

Provisions in paragraphs 1 to 3 of this Article shall

5.
be without prejudice to the provisions of Article 45.

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C 164/47

R e a son

Non-VAT registered businesses should be able to receive a contribution on a VAT-included basis.

Accommodation expenses should be included as long as they are genuinely incurred in connection with
specific projects that are eligible for funding.

Recommendation 26

Article 63

Text proposed by the Commission

CoR amendment

(c)

it shall examine the results of implementation, parti-
cularly achievement of
for each
priority and the interim evaluations referred to in
Article 48;

the targets set

(c)

it shall examine the results of implementation, parti-
cularly achievement of
for each
priority and the interim evaluations referred to in
Article 48 and where appropriate implement any
virement necessary to ensure achievement of targets;

the targets set

R e a son

This will contribute towards simplification of the process.

Recommendation 27

Annex II

Text proposed by the Commission

CoR amendment

Group 2: (productive investments)

Group 2: (productive investments)

the sustainable development of coastal
Measures
for
fishing areas (article 43);
investments on board fishing
vessels (article 27); investments in aquaculture (article 30);
investments in processing and marketing of the fishery
products (article 34); promotion and development of new
markets (article 39).

the sustainable development of coastal
Measures
for
fishing areas (article 43);
investments on board fishing
vessels (article 27); investments in aquaculture (article 30);
investments in processing and marketing of the fishery
facilities (article 38);
fishing port
products (article 34);
promotion and development of new markets (article 39).

R e a son

Private investments in fishing ports of interest to all fishermen using them and helping to improve the
services offered to the fishermen should not be excluded as eligible measures.

Brussels, 23 February 2005

The President

of the Committee of the Regions

Peter STRAUB