Proposal for a Council Regulation amending Council Regulation (EC) No 104/2000 on the common organisation of the markets in fishery and aquaculture products
Date: 2006-06-07
Institutions: European Commission
Subjects: aquaculture, common organisation of markets, fishery product

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 7.6.2006 
COM(2006) 233 final 

2006/0081 (CNS) 

Proposal for a 

COUNCIL REGULATION 

amending Council Regulation (EC) No 104/2000 on the common organisation of the 
markets in fishery and aquaculture products 

(presented by the Commission) 

EN 

   EN 

 
 
 
  
EXPLANATORY MEMORANDUM 

1. 

2. 

3. 

The  expenditure  incurred  in  the  implementation  of  Council  Regulation  (EC)  No 
104/2000  on  the  common  organisation  of  the  markets  in  fishery  and  aquaculture 
products  has  been  financed  by  the  Guarantee  Section  of  the  European  Agricultural 
Guidance and Guarantee Fund (EAGGF) laid down in Council Regulation (EC) No 
1258/1999 on the financing of the common agricultural policy. The Commission has 
implemented the budget related to this expenditure by shared management with the 
Member States. 

The  new  European  Agricultural  Guarantee  Fund  (EAGF)  laid  down  in  Council 
Regulation (EC) No 1290/2005 on the financing of the common agricultural policy 
will  replace  the  EAGGF  Guarantee  Section  from  16  October  2006  in  accordance 
with  Article  3(2)  of  that  Regulation.  The  EAGF  will  finance  measures  relating  to 
fisheries markets by centralised management. 

It is necessary to amend Council Regulation (EC) No 104/2000 in order to enable the 
application  of  the  EAGF  as  regards  the  financing  of  the  expenditure  relating  to 
fisheries markets. 

The  Council  is  requested  to  adopt  this  proposal  as  soon  as  possible  in  order  to  ensure  the 
continuity  of  the  financing  of  the  common  organisation  of  the  markets  in  fishery  and 
aquaculture products. 

EN 

2 

   EN 

 
2006/0081 (CNS) 

Proposal for a 

COUNCIL REGULATION 

amending Council Regulation (EC) No 104/2000 on the common organisation of the 
markets in fishery and aquaculture products 

THE COUNCIL OF THE EUROPEAN UNION, 

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

Having regard to the proposal from the Commission1, 

Having regard to the opinion of the European Parliament2, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

1 
2 
3 
4 
5 
6 
7 

Expenditure  incurred  by  Member  States  in  accordance  with  certain  provisions  of 
Council Regulation (EC) No 104/20003 is currently subject to the rules laid down in 
Council Regulation (EC) No 1258/1999 on the financing of the common agricultural 
policy4.  The  latter  has  been  repealed  by  Council  Regulation  (EC)  No  1290/2005  of 
21 June 2005 on the financing of the common agricultural policy5, which will apply to 
expenditure by Member States from 16 October 2006. 

Article  2(1)(a)  of  Regulation  (EC)  No  1290/2005  sets  up  an  European  Agricultural 
Guarantee Fund (hereinafter 'EAGF'). 

Article 3(2)(f) of Regulation (EC) No 1290/2005 provides that EAGF is to finance the 
expenditure relating to fisheries markets in a centralised manner. 

Financing expenditure relating to fisheries markets under Article 3(2)(f) of Regulation 
(EC) No 1290/2005 is an implementation of the budget on a centralised basis and as 
such  is  to  comply  with  Council  Regulation  (EC,  Euratom)  No  1605/2002  of 
25 June 2002  on  the  Financial  Regulation  applicable  to  the  general  budget  of  the 
European Communities6 and its implementing rules set out in Commission Regulation 
(EC, Euratom) No 2342/20027. 

OJ C , , p. . 
OJ C , , p. . 
OJ L 17, 21.1.2000, p. 22, Regulation as amended by the 2003 Act of Accession. 
OJ L 160, 26.6.1999, p. 103. 
OJ L 209, 11.8.2005, p. 1. 
OJ L 248, 16.9.2002, p. 1. 
OJ L 347, 31.12.2002, p. 1. 

EN 

3 

   EN 

 
                                                 
(5) 

Council Regulation (EC) No 104/2000 should therefore be amended accordingly, 

HAS ADOPTED THIS REGULATION: 

In Regulation (EC) No 104/2000, Article 35 is replaced by the following: 

Article 1 

"Article 35 

Expenditure incurred by the Member States in accordance with Articles 10, 21, 23, 24, 
1. 
25 and 27 of this Regulation shall be deemed to be expenditure referred to in Article 3(2)(f) of 
Regulation (EC) No 1290/2005. 

Financing for the expenditure referred to in paragraph 1 shall be granted in respect of 
2. 
products from a stock or group of stocks only up to the limit of any quantities allocated to the 
Member State in question from the total volume of allowable catches for the stock or group of 
stocks in question. 

Detailed rules for the application of  this  Article shall be adopted in accordance  with 

3. 
the procedure laid down in Article 38(2)." 

Article 2 

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

This Regulation shall apply from 16 October 2006. 

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

Done at Brussels,  

For the Council 
The President 

EN 

4 

   EN