European Parliament legislative resolution of 26 April 2007 on the proposal for a Council regulation 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 from 2007 to 2013 (COM(2006)0740 - C6-0505/2006 - 2006/0247(CNS))
Date: 2007-04-26
Institutions: Committee on Fisheries, European Parliament
Subjects: Azores, Canary Islands, French Guiana, Madeira, Réunion, common fisheries policy, fishery product, peripheral region, sales aid

20.3.2008

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Official Journal of the European Union

C 74 E/735

Thursday 26 April 2007

P6_TA(2007)0158

Compensation for certain fishery products *

European Parliament legislative resolution of 26 April 2007 on the proposal for a Council regula-
tion 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 from 2007 to 2013 (COM(2006)0740 — C6-0505/2006 — 2006/0247(CNS))

(Consultation procedure)

The European Parliament,

— having regard to the Commission proposal to the Council (COM(2006)0740) (1),

— having regard to Articles 37 and 299(2) of the EC Treaty, pursuant to which the Council consulted

Parliament (C6-0505/2006),

— having regard to Rule 51 of its Rules of Procedure,

— having regard to the report of the Committee on Fisheries and the opinions of the Committee on

Budgets and the Committee on Regional Development (A6-0083/2007);

1.

Approves the Commission proposal as amended;

2.

Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty;

3.

Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

Asks the Council to consult Parliament again if it intends to amend the Commission proposal sub-

4.
stantially;

5.

Instructs its President to forward its position to the Council and the Commission.

TEXT PROPOSED
BY THE COMMISSION

AMENDMENTS
BY PARLIAMENT

Amendment 1

Title

Proposal for a Council regulation introducing a scheme to com-
pensate 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
from 2007 to 2013

Proposal for a Council regulation introducing a scheme to com-
pensate 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

(This amendment applies throughout the text.)

(1) Not yet published in OJ.

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TEXT PROPOSED
BY THE COMMISSION

AMENDMENTS
BY PARLIAMENT

Amendment 2
Recital −1 (new)

(−1)
The outermost regions have fragile economies, with
permanent structural constraints on their development and
few possibilities for economic diversification,
in which the
fisheries sector and ancient fishing communities play an
important role in maintaining economic activity and employ-
ment, upstream and downstream, and in promoting economic
and social cohesion.

Amendment 3
Recital −1a (new)

(−1a)
The specific features and existing sectoral differences
of the outermost regions should be taken into account, given
that these regions each have their own particular needs.

Amendment 4
Recital −1b (new)

(−1b)
The increase which the marked rise in oil prices has
brought about, especially since 2003, in transport and other
related costs should be taken into account, since its end effect
is to add still further to the additional costs arising from
remoteness.

Amendment 5

Recital 1

(1)
The fisheries sector in the outermost regions of the Com-
munity is facing difficulties, and in particular additional costs
incurred in the marketing of certain fishery products due to
the
the particular handicaps recognised by Article 299(2) of
Treaty, and resulting mainly from the transport costs to conti-
nental Europe.

(1)
the
The fisheries sector in the outermost regions of
Community is facing difficulties, and in particular additional
costs relating to the production and marketing of certain
fishery products due to the particular handicaps recognised by
Article 299(2) of
the Treaty, and resulting namely from the
transport costs to continental Europe.

Amendment 6

Recital 5

(5) Member States should set the compensation amount at a
level which allows appropriate off-setting of additional costs,
arising from the specific handicaps of the outermost regions
and in particular from the costs of transporting the products
the
to the European mainland. To avoid overcompensation,
amount should be proportional to the additional costs the aid
off-sets and in no case exceed a determined share of the trans-
port and other related costs to the European continent. To this
end, it should also take into account other types of public inter-
vention having an impact on the level of additional costs.

(5) Member States should set the compensation amount at a
level which allows appropriate off-setting of additional costs,
arising from the specific handicaps of the outermost regions,
and namely from the costs of transporting the products to the
European mainland. To avoid overcompensation, the amount
should be proportional to the additional costs the aid off-sets.
To this end,
it should also take into account other types of
public intervention having an impact on the level of additional
costs.

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AMENDMENTS
BY PARLIAMENT

Amendment 7

Recital 5a (new)

(5a)
Due account should be taken of the socio-economic
importance to the outermost regions of small-scale inshore
fishing and non-industrial fishing and of the need to create
the conditions required for their development.

Amendment 8

Recital 5b (new)

(5b)
It should be permissible to obtain supplies on the Com-
munity market, without exceeding existing production capacity,
when catches by the outermost regions' fishing fleets are insuf-
ficient to supply the local fish-processing industry.

Amendment 9

Recital 6

(6)
In order to achieve properly the objectives of this Regula-
tion and to guarantee the compliance with the Common Fish-
eries Policy, support should be limited to fishery products har-
vested and processed in accordance with its rules.

(6)
In order to achieve properly the objectives of this Regula-
tion and to guarantee compliance with the Common Fisheries
Policy, support should be granted to fishery products harvested
and processed in accordance with its rules, and to other raw
materials used in fish processing.

Amendment 10

Recital 7a (new)

(7a)
A derogation may be granted from the Commission's
consistent policy of not authorising State operating aid for the
production, processing and marketing of
fishery products
listed in the Treaty in order to mitigate the specific constraints
on fishing in the outermost regions as a result of their remo-
teness, insularity, small size, topography and climate and their
economic dependence on a few products.

Amendment 11

Recital 9

(9)
To enable a decision to be taken on whether to continue
the compensation scheme after 2013 the Commission should
the European
submit a report
Council and the European Economic and Social Committee
based on an independent evaluation in due time before the
end of the scheme.

to the European Parliament,

(9)
To enable the compensation scheme to be revised, taking
into account the real progress made in attaining the objectives
of this Regulation, the Commission should, by 31 December
2011, submit a report to the European Parliament, the Euro-
pean Council and the European Economic and Social Commit-
tee based on an independent evaluation showing the impact of
the measures implemented under this Regulation, accompa-
nied, where necessary, by appropriate legislative proposals.

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TEXT PROPOSED
BY THE COMMISSION

AMENDMENTS
BY PARLIAMENT

Amendment 12
Article 1, introductory part

This Regulation introduces a scheme for the period 2007 to
2013 to provide compensation for the additional costs incurred
by the operators set out in Article 3 in the marketing of certain
fishery products from the following regions as a result of those
regions' specific handicaps (hereinafter referred to as ‘the com-
pensation’):

This Regulation introduces a scheme to provide compensation
for the additional costs incurred by the operators set out in
Article 3 in the marketing of certain fishery products from the
following outermost regions as a result of those regions' specific
handicaps and remoteness (hereinafter referred to as ‘the com-
pensation’):

Amendment 13
Article 3, paragraph 1, introductory part

1.
The compensation shall be paid to the following operators
who incur additional costs in the marketing of fishery products:

1.
The compensation shall be paid to the following operators
who incur additional costs in the marketing of fishery products
in the regions referred to in Article 1 as a result of those
regions' remoteness:

Amendment 14
Article 3, paragraph 1, point (c)

(c)

the operators in the processing and marketing sector or
associations of such operators, who incur additional costs
in marketing the products concerned.

(c)

the operators in the processing and marketing sector or
associations of such operators, who incur additional costs
in producing, processing and marketing the products con-
cerned.

Amendment 15
Article 4, paragraph 3, point (ca) (new)

(ca) Monitoring.

Amendment 16
Article 4, paragraph 4, point (b)

(b) caught by Community fishing vessels that are not registered
in a port of one of the regions referred to in Article 1,

(b) caught by Community fishing vessels that are not registered
in a port of one of the regions referred to in Article 1,
except where use is to be made of fish caught by Com-
munity vessels in cases where catches in the regions
referred to in Article 1 are insufficient to supply those
regions' processing industries,

Amendment 17
Article 4a (new)

Article 4a

Other eligible products

Compensation may also be granted for products used in pro-
cessing fishery products, provided that it does not overlap with
Community aid for those products.

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AMENDMENTS
BY PARLIAMENT

Amendment 18

Article 5, paragraph 2, point (a)

(a)

for each fishery product the additional costs resulting from
the specific handicaps of the regions concerned, in particu-
lar the expenditure for the transport to the European con-
tinent,

(a)

for each fishery product, the additional costs resulting from
the specific handicaps of the regions concerned, namely the
expenditure for transport to the European continent or
between neighbouring regions referred to in Article 1,

Amendment 19

Article 5, paragraph 2, point (b)

(b) any other type of public intervention affecting the level of

(b)

additional costs.

for each fishery product, the additional costs arising from
geographical fragmentation incurred in transport within
each of the regions referred to in Article 1,

Amendment 20

Article 5, paragraph 2, point (ba) (new)

(ba)

the category of recipients, giving particular attention to

small-scale inshore fishing and non-industrial fishing,

Amendment 21

Article 5, paragraph 2, point (bb) (new)

(bb)

any other type of public intervention affecting the level

of additional costs.

Amendment 22

Article 5, paragraph 3

The compensation to the additional costs shall be propor-
3.
tional to the additional costs it intends to off-set and shall not
exceed 75 % of the transport and other related costs to the
European continent.

The compensation to the additional costs shall be propor-
3.
tional to the additional costs it intends to off-set and shall cover
the cost of transport to the European continent and between
regions referred to in Article 1 and other related costs.

(a) Azores and Madeira: EUR 4 283 992

(a) Azores and Madeira: EUR 4 855 314

Amendment 23

Article 5, paragraph 4, point (a)

(b) Canary Islands: EUR 5 844 076

(b) Canary Islands: EUR 6 623 454

Amendment 24

Article 5, paragraph 4, point (b)

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AMENDMENTS
BY PARLIAMENT

(c) French Guiana and Réunion: EUR 4 868 700

(c) French Guiana and Réunion: EUR 5 518 000.

Amendment 25

Article 5, paragraph 4, point (c)

Amendment 26

Article 5, paragraph 4a (new)

4a.
Each year the amounts referred to in paragraph 4 shall
be subject to technical adjustment as provided for in point 16
of the Interinstitutional Agreement of 17 May 2006 between
the European Parliament, the Council and the Commission on
budgetary discipline and sound financial management (1).

(1) OJ C 139, 14.6.2006, p. 1.

Amendment 27

Article 7, paragraph 1

1. Within four months of the entry into force of this Regula-
tion the Member States concerned shall submit to the Commis-
sion the list and quantities referred to in Article 4(1) and the
level of compensation referred to in Article 5(1), hereinafter
jointly referred to as ‘the compensation plan’.

1. Within four months of the entry into force of this Regula-
tion the Member States concerned shall submit to the Commis-
sion the list and quantities referred to in Article 4(1), the level of
compensation referred to in Article 5(1) and a detailed list of
measures to be applied to ensure compliance with the provi-
sions of Articles 4(2) to 4(4), hereinafter jointly referred to as
‘the compensation plan’.

Amendment 28

Article 7, paragraph 4

If a Member State makes amendments pursuant to Arti-
4.
cle 6,
it shall submit its amended compensation plan to the
Commission and the procedure laid down in paragraph 2 and
3 shall apply mutatis mutandis.

If a Member State makes amendments pursuant to Arti-
4.
cle 6,
it shall submit its amended compensation plan to the
Commission. If the Commission fails to react within a period
of four weeks after receiving the amended plan, the amended
plan shall be deemed to have been approved.

Amendment 29

Article 7a (new)

Article 7a

Adjustment of amounts

An adjustment may be made among regions belonging to the
same Member State within the limits of the overall financial
framework for this Regulation.

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AMENDMENTS
BY PARLIAMENT

Amendment 30
Article 7b (new)

Article 7b

State aid

1.
For the fishery products to which Articles 87, 88 and 89
of the Treaty apply, the Commission may authorise operating
aid in the sectors producing, processing and marketing those
products with a view to mitigating the specific constraints on
the outermost regions as a result of their special characteris-
tics and conditions.

In such cases, the Member States shall notify the Com-
2.
mission of the aid as part of the compensation schemes and
it shall be approved by the Commission in accordance with
Article 7. Aid thus notified shall be deemed to meet the obli-
gation to provide information laid down in the first sentence
of Article 88(3) of the Treaty.

Amendment 31
Article 8, paragraph 1

1.
Each Member State concerned shall draw up an annual
report on the implementation of the compensation and submit
it to the Commission by 30 April of each year.

1.
Each Member State concerned shall draw up an annual
report on the implementation of the compensation and submit
it to the Commission by 30 June of each year.

Amendment 32
Article 8, paragraph 2

2.
By 31 December 2011 at the latest, the Commission shall
on the basis of an independent evaluation report to the Euro-
pean Parliament, the Council and the European Economic and
Social Committee on the implementation of the compensation,
accompanied where necessary, by legislative proposals.

2.
By 31 December 2011 at the latest, and thereafter every
five years, the Commission shall, on the basis of an indepen-
dent evaluation, report to the European Parliament, the Council
and the European Economic and Social Committee on the
implementation of
the compensation, accompanied where
necessary by legislative proposals.

Amendment 33
Article 10

Member States shall adopt appropriate provisions to ensure
compliance with the requirements set out in this Regulation
and the regularity of operations.

Member States shall adopt appropriate provisions to ensure
compliance with the requirements set out in this Regulation
and the regularity of operations. Provisions on the traceability
of fisheries products shall be sufficiently detailed to allow the
identification of products that are not eligible for compensa-
tion.

It shall apply from 1 January 2007 until 31 December 2013.

It shall apply as from 1 January 2007.

Amendment 34
Article 14, paragraph 2