Council Regulation (EC) No 485/2005 of 16 March 2005 amending Regulation (EC) No 2792/1999 as regards a specific action for transfers of vessels to countries hit by the tsunami in 2004
Date: 2005-03-16
Institutions: Council of the European Union
Subjects: EU aid, FIFG, Indonesia, fishing vessel, natural disaster, sectoral aid

30.3.2005

EN

Official Journal of the European Union

L 81/1

I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EC) No 485/2005

of 16 March 2005

amending Regulation (EC) No 2792/1999 as regards a specific action for transfers of vessels to
countries hit by the tsunami in 2004

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty
Community and in particular Article 37 thereof,

establishing the European

Having regard to the proposal from the Commission,

(5)

(6)

To meet the needs of those communities, only vessels
which are fully seaworthy, suitable for fishing activity and
of an overall
length of less than 12 metres should be
eligible for the measures provided for by this Regulation.

It is appropriate to provide for the grant of an additional
premium to cover the expenses incurred by public or
private organisations for the transport of the vessels to
the third countries and to compensate owners
for
equipping their vessels and making them fully seaworthy.

Having regard to the opinion of the European Parliament (1),

(7)

A procedure for the transfer of vessels should be set up.

Whereas:

(1)

On 26 December 2004, a strong tsunami in the Indian
Ocean struck a number of third countries, ravaging their
coasts and their industries and causing heavy loss of life.
Many fishing vessels were wrecked at sea or destroyed in
port.

(2) Within the framework of the common fisheries policy,
fishing vessels can be withdrawn from the Community
fishing fleet with public aid only if they are scrapped or
reassigned for non-profitable purposes other than fishing.

(8)

(9)

to guarantee transparency of

Reports on steps taken under this Regulation should be
submitted by the Member States and by the Commission
the Financial
in order
Instrument
to
Council Regulation (EC) No 1260/1999 of 21 June
1999 laying down general provisions on the Structural
Funds (2).

for Fisheries Guidance (FIFG) pursuant

It is particularly useful to assess the transfers to ensure
that the measures are implemented to the benefit of the
to ensure consistency
fishing communities concerned,
with the general principles of
the common fisheries
policy and promote long-term sustainability of fishing
activities and to avoid negative effects on the local
economy.

(3)

(4)

It is appropriate to extend the possibility of withdrawal
of fishing vessels from the Community fishing fleet with
public aid to vessels which are transferred to the
countries affected by the tsunami for the benefit of the
fishing communities concerned.

(10) Given the urgency of the matter, it is imperative to grant
an exception to the six-week period referred to in
paragraph I(3) of
the
national parliaments in the European Union, annexed
to the Treaty on European Union and to the Treaties
establishing the European Communities.

the Protocol on the role of

This would help those communities to rebuild their
fishing fleets swiftly, taking into account local needs as
recorded by the Food and Agriculture Organisation of
the United Nations.

(11)

Regulation (EC) No 2792/1999 (3) should therefore be
amended accordingly,

(2) OJ L 161, 26.6.1999, p. 1. Regulation as last amended by Regu-

lation (EC) No 173/2005 (OJ L 29, 2.2.2005, p. 3).

(1) Opinion delivered on 24 February 2005 (not yet published in the

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

Official Journal).

lation (EC) No 1421/2004 (OJ L 260, 6.8.2004, p. 1).

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HAS ADOPTED THIS REGULATION:

Article 1

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

1. Article 7 shall be amended as follows:

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

‘2. Measures to stop vessels’ fishing activities may be
applied only to vessels 10 years old or more.

However, until 30 June 2006, vessels five years old or
more, not using towed gear, may be eligible for
permanent transfer in accordance with paragraph 3(d).’;

(b) the following point shall be added to paragraph 3:

‘(d) until 30 June 2006, permanent transfer of the vessel
to a third country hit by the tsunami in the Indian
the
Ocean in December 2004, provided that
following criteria are met:

(i)

five to 15 years old, the premium
for vessels of
referred to in paragraph 5(a)(i) shall apply and for
vessels of 16 to 20 years old, the premium referred
to in paragraph 5(a)(ii) shall apply;

(ii) the premium referred to in paragraph 5(a) may be
increased by up to 20 % for the following purposes:

— to cover the expenses incurred by the public or
private organisations designated by Member
States to be responsible for the transfer of the
vessel to the third country,

— to compensate the vessel owner benefiting from
equipping the vessel and
the premium for
making it
for
fishing activity in the third countries concerned.

fully seaworthy and suitable

Vessels
for which an application for permanent
cessation of activities has been submitted to the
competent authorities of a Member State before
2 April 2005 may also benefit from the premiums
under this paragraph.’;

2. the following sentence shall be added to Article 10(4):

(i)

the vessel has an overall length of less than 12
metres and is not more than 20 years old;

‘This paragraph shall not apply to vessels
pursuant to Article 7(3)(d).’;

transferred

(ii)

the Member State which authorises the transfer
ensures that the vessel
is fully seaworthy and
suitable for fishing activity, that it is transferred
to a region affected by the tsunami
for the
fishing communities having
the
benefit of
suffered the consequences
thereof and that
adverse effects on the fisheries resources and
the local economy are avoided.

(iii) the transfer meets the needs identified by the
assessment of the Food and Agriculture Organi-
sation of
in
the United Nations
accordance with the third country’s requests.’;

and is

(c)

the following paragraph shall be added:

3. the following Articles shall be inserted:

‘Article 18a

Procedure for the transfer of vessels pursuant to Article
7(3)(d)

1. Member States shall notify the Commission of
vessels for which a transfer pursuant to Article 7(3)(d)
envisaged, as well as the intended destination.

the
is

2. Within two months
the
Commission may inform the Member State concerned that
the transfer does not meet the criteria laid down in Article
7(3)(d), and in particular point (iii) thereof.

such notification,

of

‘6.
By way of derogation from paragraph 5(a), public
aid for the permanent transfer of vessels in accordance
with paragraph 3(d) shall be calculated as follows:

If the Member State concerned is not so informed by the
Commission within two months of notification,
it may
proceed with the transfer.

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Article 18b

Reporting on the transfer of vessels pursuant to Article
7(3)(d)

By 30 September 2005 and every three months
1.
thereafter Member States shall present to the Commission
all available information on transfers of vessels pursuant to
Article 7(3)(d).

and to the Council on transfers of vessels pursuant to Article
7(3)(d).

in Article

include in the annual
Regulation

3. Member States shall
report
(EC)
for
provided
No 1260/1999 on the implementation of the FIFG inter-
vention and submitted to the Commission in 2007, a
section on transfers of vessels pursuant to Article 7(3)(d)
of this Regulation.’

37

of

On the basis of

2.
the information referred to in
paragraph 1 and any other information, the Commission
shall report every six months to the European Parliament

Article 2

This Regulation shall enter into force on the third day following
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, 16 March 2005.

For the Council
The President

J. ASSELBORN