Council Regulation (EC) No 791/2007 of 21 May 2007 introducing a scheme to compensate for the additional costs incurred in the marketing of certain fishery products from the outermost regions the Azores, Madeira, the Canary Islands, French Guiana and Réunion
Date: 2007-05-21
Institutions: Council of the European Union
Subjects: Azores, Canary Islands, French Guiana, Madeira, Réunion, common organisation of markets, fishery product, peripheral region, sales aid

6.7.2007

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Official Journal of the European Union

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(Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory)

I

REGULATIONS

COUNCIL REGULATION (EC) No 791/2007

of 21 May 2007

introducing a scheme to compensate for the additional costs incurred in the marketing of certain
fishery products from the outermost regions the Azores, Madeira, the Canary Islands, French
Guiana and Réunion

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty
establishing the European
Community, 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)

the
The fisheries sector in the outermost regions of
Community is facing difficulties, and in particular addi-
tional costs incurred in the marketing of certain fishery
products, due to the particular handicaps recognised by
Article 299(2) of the Treaty and resulting mainly from
the cost of transport to continental Europe.

(3)

(4)

(5)

(2) With a view to maintaining the competitiveness of
certain fishery products compared with that of similar
the
products
Community
to
compensate for such additional costs in the fisheries
sector. The measures applying for the period 2003-
2006 are laid down in Council Regulation (EC) No

regions,
from 1992

introduced measures

from other

Community

(1) Opinion delivered on 24 April 2007 (not yet published in the

Official Journal).

(2) OJ C 93, 27.4.2007, p. 31.

2328/2003 (3).
It is necessary from 2007 to continue
measures
the
for offsetting the additional costs
marketing of certain fishery products on the basis of a
report by the Commission to the European Parliament,
the Council and the European Economic and Social
Committee.

for

concerned,

the different marketing conditions in the
In view of
in
regions
outermost
captures and stocks and of market demands,
it should
be left to the Member States concerned to determine the
fishery
their
respective maximum quantities and the compensation
amounts within the overall allocation per Member State.

compensation,

fluctuations

products

eligible

the

for

Member States should be authorised to differentiate the
list and the quantities of fishery products concerned and
the amount of compensation within the overall allo-
cation per Member State. They should also be authorised
to adjust
justified by
compensation plans
changing conditions.

their

if

arising from the

specific handicaps of

Member States should set the compensation amount at a
level which allows appropriate off-setting of additional
the
costs,
outermost regions and in particular from the costs of
transporting the products to continental Europe. To
avoid overcompensation, the amount should be propor-
tional to the additional costs the aid off-sets and in no
case exceed 100 % of the transport and other related
costs to continental Europe. To this end, it should also
take into account other types of public intervention
having an impact on the level of additional costs.

(3) 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
(OJ L 345, 31.12.2003, p. 34).

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(6)

(7)

(8)

(9)

(10)

(11)

(12)

In order to achieve properly the objectives of this Regu-
lation and to guarantee compliance with the Common
Fisheries Policy, support should be limited to fishery
products harvested and processed in accordance with
the rules thereof.

HAS ADOPTED THIS REGULATION:

Article 1

Subject-matter

In order that the compensation scheme operates effec-
tively and correctly, Member States should also make
sure that the recipients of aid are economically viable
and that the implementing system allows for a regular
application of the scheme.

To permit appropriate monitoring of the compensation
the Member States concerned should submit
scheme,
annual reports on its operation.

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

European Economic

and the

should be

The Community expenditure envisaged for the compen-
the
sation scheme
European Agricultural Guarantee
direct
centralised management according to Article 3(2)(f) of
Council Regulation (EC) No 1290/2005 of 21 June
2005 on the financing of
the common agricultural
policy (1).

implemented under
Fund

in

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 (2).

Regulation

Commission

For the implementation of direct centralised financial
management,
No
2003/2006 of 21 December 2006 laying down
detailed rules for the financing by the European Agri-
cultural Guarantee Fund (EAGF) of expenditure relating
to the common organisation of the markets in fishery
and aquaculture products (3) should apply,

(EC)

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 outermost regions as a
result of those regions’ specific handicaps (hereinafter referred
to as the compensation):

— The Azores,

— Madeira,

— The Canary Islands,

— French Guiana, and

— Réunion.

Article 2

Definitions
For the purposes of this Regulation the definition of ‘fishery
products’ set out in Article 1 of Council Regulation (EC) No
104/2000 of 17 December 1999 on the common organisation
the markets in fishery and aquaculture products (4) shall
of
apply.

Article 3

Operators

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

(a)

the producers;

(b) the owners or operators of vessels registered in the ports of
the regions referred to in Article 1 and operating therein or
associations of such operators; and

(c)

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

(1) OJ L 209, 11.8.2005, p. 1. Regulation as last amended by Regu-

lation (EC) No 378/2007 (OJ L 95, 5.4.2007, p. 1).

(2) OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision

2006/512/EC (OJ L 200, 22.7.2006, p. 11).

(3) OJ L 379, 28.12.2006, p. 49.

2.
The Member States concerned shall take steps to ensure
the economic viability of operators receiving the compensation.

(4) OJ L 17, 21.1.2000, p. 22. Regulation as last amended by Regu-

lation (EC) No 1759/2006 (OJ L 335, 1.12.2006, p. 3).

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Article 4

Eligible fishery products

level may be differentiated for individual regions or between
regions belonging to one Member State.

Each Member State concerned shall determine for its
1.
fishery products
regions referred to in Article 1 the list of
and the quantity of those products which are eligible for the
compensation. The list of fishery products and the quantities
may be differentiated for each of the regions belonging to one
Member State.

2. When establishing the list and the quantities referred to in
paragraph 1, Member States shall take into account all the
the
relevant
compensation does not result in an increased pressure on biolo-
gically sensitive stocks, the level of additional costs and quali-
tative and quantitative aspects of production and marketing.

in particular the need to ensure that

factors,

3.
Fishery products for which the compensation is granted
must have been harvested and processed in accordance with the
rules of the Common Fisheries Policy on:

(a) conservation and management;

(b) traceability;

(c) grading standards.

2.

The compensation shall take into account:

(a)

for each fishery product the additional costs resulting from
the specific handicaps of the regions concerned, in particular
the expenditure for the transport to continental Europe; and

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

additional costs.

3.
The compensation in respect of the additional costs shall
be proportional to the additional costs it intends to off-set. The
level of compensation in respect of the additional costs shall be
duly justified in the compensation plan. However, in no case
the expenditure
shall
incurred for
the
Fishery products, which are intended for continental Europe.

the compensation exceed 100 % of

the transport and other

related costs of

The total amount of compensation per year shall not

4.
exceed:

(a) The Azores and Madeira:

EUR 4 283 992;

The compensation shall not be granted for

4.
products:

fishery

(b) The Canary Islands:

EUR 5 844 076;

(a) caught by third country vessels, with the exception of
fishing vessels which fly the flag of Venezuela and operate
in Community waters;

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

(c)

imported from third countries;

(d) derived from illegal, unreported or unregulated fishing.

Point (b) shall not apply if the raw material supplied according
to the rules laid down in this Article is not sufficient to use the
existing capacity of the processing industry in place in the
outermost region concerned.

(c) French Guiana and Réunion:

EUR 4 868 700.

Article 6

Adjustments

The Member States concerned may adjust the list and quantities
of eligible fishery products referred to in Article 4(1) and the
level of compensation referred to in Article 5(1) to take account
of changing conditions provided that the total amounts referred
to in Article 5(4) are respected.

Article 7

Submission of compensation plans

1.
By 6 November 2007, the Member States concerned shall
submit to the Commission 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).

Article 5

The compensation

1.
Each Member State concerned shall determine for its
regions referred to in Article 1 the level of compensation for
each fishery product in the list referred to in Article 4(1). That

2.
If the compensation plan does not meet the requirements
set out in this Regulation, the Commission, within two months,
shall ask the Member State to adapt the plan accordingly. In
that event the Member State shall submit its adapted compen-
sation plan to the Commission.

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If the Commission fails to react within the period of two
3.
months after receiving the compensation plan referred to in
paragraphs 1 and 2, the compensation plan shall be deemed
to have been approved.

it shall submit

If a Member State makes adjustments pursuant to Article
4.
6,
its amended compensation plan to the
Commission and the procedure laid down in paragraph 2 and
3 shall apply mutatis mutandis. The amended plan shall be
the Commission fails to
deemed to have been approved if
react within the period of
receiving the
amended compensation plan.

four weeks after

Article 8

Reporting

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.

an independent

2.
By 31 December 2011, the Commission shall on the basis
of
to the European
report
the Council and the European Economic and
Parliament,
Social Committee on the implementation of the compensation,
accompanied, where necessary, by legislative proposals.

evaluation,

Article 9

Financial provisions

1.
Expenditure incurred by Member States in accordance
with this Regulation shall be deemed to be expenditure
referred to in Article 3(2)(f) of Regulation (EC) No 1290/2005.

For the implementation of paragraph 1 Regulation (EC)

2.
No 2003/2006 shall apply.

Article 10

Control

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

Article 11

Detailed rules

Detailed rules for the application of this Regulation may be
adopted in accordance with the procedure laid down in
Article 12(2).

Article 12

Committee

The Commission shall be assisted by the Management

1.
Committee for Fishery Products.

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.

Article 13

Transitional measures

1.
If Member States have submitted to the Commission
requests for adjustments pursuant to Article 8(1) and (2) of
Regulation (EC) No 2328/2003 on which no decision has
been taken by 31 December 2006, Article 8 of that Regulation
shall continue to apply to those requests.

2.
The provisions of Article 9 shall apply to expenditure
States under Regulation (EC) No
incurred by Member
2328/2003 and declared to the Commission after 15 October
2006.

Article 14

Entry into force

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

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

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

Done at Brussels, 21 May 2007.

For the Council
The President

M. GLOS