Proposal for a Council Regulation instituting a temporary specific action aiming to promote the restructuring of the European Union fishing fleets affected by the economic crisis
Date: 2008-07-08
Institutions: European Commission
Subjects: State aid, aid for restructuring, common fisheries policy, fishing fleet, motor fuel, price increase

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 8.7.2008 
COM(2008) 454 final 

2008/0144 (CNS) 

Proposal for a 

COUNCIL REGULATION 

instituting a temporary specific action aiming to promote the restructuring of the 
European Union fishing fleets affected by the economic crisis 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

(1) 

CONTEXT OF THE PROPOSAL 

• 

Grounds for and objectives of the proposal 

The current oil price is at an historic high, even in real terms, and corresponds to a 
systemic shift in the global economy. The Commission is considering this issue in its 
widest  perspective,  and  it  has  to  that  effect  recently  published  the  Communication 
"Facing the challenge of higher oil prices" (COM(2008) 384, Brussels, 13-VI-2008) 
on  this  issue.  The  Commission  notes  that  oil  markets  are  global,  giving  the 
Commission,  and  indeed  the  EU,  little  possibility  to  intervene  directly.  It  is 
acknowledged  that  the  continued  rise  in  oil  prices,  which  has  taken  remarkable 
proportions  over  recent  months,  is  putting  a  very  heavy  pressure  on  the  fishing 
sector. Fisheries is not the only sector suffering from problems due to high oil prices, 
but  the  fisheries  problem  is  specifically  complex  because  of  the  constraints  arising 
from the facts that the fishing fleet suffers from systemic overcapacity aggravated by 
low catch opportunities compared to the past. Furthermore, fish prices have stagnated 
to  a  great  extent  and  the  vast  majority of  fishing  companies  are  small  and  medium 
enterprises (SMEs). High oil prices are a structural problem which requires structural 
remedies.  However,  short  term  actions  also  need  to  be  contemplated  to  ensure  that 
the  fishing  sector  is  not  completely  wiped  out.  In  its  1835th  meeting  held  in 
Strasbourg on June 17, 2008, the Commission took note of the info-note SEC(2008) 
2079/3 concerning an emergency package to address both the immediate situation of 
economic  and  social  hardship  of  the  EU  fisheries  sector,  and  to  make  a  lasting 
contribution to tackling systemic overcapacity. This response must be EU-wide and 
co-ordinated  in  order  to  avoid  distorting  competition  and  discriminations  between 
Member  States  or  fleets.  The  deep  crisis  triggered  by  high  fuel  prices  makes  it 
imperative, more than ever, to attack the root of the structural problems of the sector. 
The  package  focuses  primarily  on  reducing  overcapacity  and  ensuring  that  vessels 
can  operate  more  efficiently  and  at  higher  productivity.  Since  this  emergency 
situation requires coordinated solutions at EU level, the package relies basically on 
an  enhanced  use  of  the  European  Fisheries  Fund  (EFF).  It  consists  mainly  of 
measures  based  on  temporary  derogations  from  rules  under  the  EFF,  to  support  a 
faster  adaptation  of  the  Community  fleet  to  the  present  situation  and  to  provide 
temporary  relief  in  order  to  cushion  economic  and  social  consequences  in  the 
transitional phase.  

• 

General context 

The fisheries sector is a key component of the economic life of many coastal regions 
of  the  European  Union,  and  it  brings  a  distinct  contribution  to  food  security  and 
national health by providing a range of high-quality products. Total employment in 
2005 in the whole value chain for fisheries products of the EU-27 amounted to about 
407,000  persons,  with  187,000  people  employed  in  the  catching  sector  and  18,000 
jobs in ancillary activities. The EU fisheries sector has long suffered from a vicious 
circle  of  poor  economic  profitability  and  over-exploitation  of  stocks  due  to  a 
significant overcapacity. Several steps have been taken since the 2002 reform of the 
Common  Fisheries  Policy  to  counter  this  vicious  circle,  but  overcapacity  and 
excessive  fishing  effort  still  jeopardise  the  economic  viability  of  the  sector.  Within 

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the  context  of  this  structural  fragility,  the  drastic  increase  in  oil  prices  has  hit  the 
fisheries sector particularly hard, especially as this is happening in a market situation 
where first sale fish prices have continued to stagnate for the last decade. 

• 

Existing provisions in the area of the proposal 

Council Regulation (EC) No 1198/2006 of 27 July 2006 on the European Fisheries 
Fund 

• 

Consistency with the other policies and objectives of the Union 

The  measures  proposed  are  designed  in  accordance  with  the  objectives  of  the 
Common  Fisheries  Policy  and  are  consistent  with  the  Community's  policy  on 
sustainable development. 

(2) 

CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT 

• 

Consultation of interested parties 

Impossible due to the urgency of the proposal 

• 

Collection and use of expertise 

There was no need for external expertise. 

• 

Impact assessment 

In  view  of  the  urgency  of  the  proposal  no  formal  impact  assessment  has  been 
conducted.  Nevertheless,  the  following  elements  can  be  advanced  which  show  that 
the proposed derogations are the best possible option. 

It is likely that the current global climate of high oil prices will continue to squeeze 
the  margins  and  the  liquidity  of  fishing  operators.  The  international  Brent  oil  price 
has more than quintupled from $20 per barrel in 2002 to over $140 per barrel by the 
end of June 2008 and shows no signs of stopping. Marine fuel prices in the EU over 
the period have actually increased by some 240% and are now regularly above 0.7€/l. 

It is estimated that in 2006 EU fleets spent about €1 billion on fuel, i.e. roughly 15-
20%  of  the  value  of  landings,  with  prices  ranging  between  0.45-0.55  €/litre. 
Nowadays the fuel price is substantially higher. At current price levels, fuel costs of 
the whole of the fleet would be about €2 b illion/year, or about 30% of the value of 
EU landings. 

An estimation of fuel costs as a proportion of income shows that the segments most 
affected  are  the  towed  gears  (e.g.  trawlers)  which  tend  to  have  engines  with  large 
engine power. Fuel costs in some cases represent up to 50% of the landing value. The 
impact on vessels using passive gears (e.g. traps, gillnets, long-lines) is significantly 
less,  but  can  still  account  for  between  5-20% of  total  fisheries  income.  In  terms  of 
job  losses,  available  evidence  allows  us  to  conclude  that  at  current  fuel  prices  job 
losses  could  be  as  high  as  15%  or  more.  Job  losses  would  not  be  limited  to  the 
capture sector, as many harbour services, auctions, etc. depend on vessel activity. 

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EU catches have steadily declined since 1993, at an average of 2% per year. Almost 
all  demersal  stocks  have  declined  in  recent  years  and  are  currently  not  sustainable. 
Pelagic stocks, which have more pronounced cyclical developments, are in general in 
a healthier condition. Low catch opportunities means that the sector operates at low 
productivity rates. Consequently, unit costs increase and margins are depressed. 

In  spite  of  declining  landing  volumes  for  most  stocks,  first  sale  prices  for  many 
important species have stagnated or even declined in real terms. This is due in part to 
the  perishable  nature  of  fish,  to  the  atomisation  of  supply  and  to  the  strong  buying 
power of processors and marketing chains which have access to fish products at low 
import prices from the global market. In any event, the inability for fishermen to pass 
higher  costs  down  the  chain  is  a  stark  contrast  to  what  happens  in  many  other 
industrial sectors. 

One  of  the  main  challenges  for  the  EU  fishing  industries  has  been  and  still  is  the 
structural  imbalance  between  fleet  capacity  and  resources  in  many  fisheries. 
Overcapacity  of  the  EU  fleet  was  estimated  some  years  ago  to  be  in  the  region  of 
40%.  The  CFP  has  for  several  years  attempted  to  address  this  problem  which, 
however, is far from being solved. Because of overcapacity and because the resource 
base  has  been  eroded  by  decades  of  overfishing,  the  industry  has  low  resilience  to 
external economic pressure, such as the increase in fuel prices. 

However  economic  analysis  shows  that  even  for  some  heavily  fuel  dependent 
demersal  and  pelagic  fleets,  a  combination  of  reduced  fleets,  recovered  fish  stocks 
and higher fish prices will return profitability to most of the sector. 

Structural  interventions  are  therefore  essential  in  relation  to  addressing  the 
overcapacity  issue  thus  helping  improvements  in  the  resource  base,  reducing  the 
dependency on fuel and increasing the value of fish on the market. 

(3) 

LEGAL ELEMENTS OF THE PROPOSAL 

• 

Summary of the proposed action 

The proposal institutes an ad hoc special, temporary regime which will derogate from 
some provisions of Council Regulation (EC) No 1198/2006 of 27 July 2006 on the 
European Fisheries Fund for a period up to 31 December 2010 

• 

Legal basis 

Articles 36 and 37 of the Treaty 

• 

Subsidiarity principle 

The  proposal  falls  under  the  exclusive  competence  of  the  Community.  The 
subsidiarity principle therefore does not apply. 

• 

Proportionality principle 

The proposal complies with the proportionality principle for the following reason(s). 

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The Council Regulation in question opens new possibilities for Member States to use 
more effectively the European Fisheries Fund in order to support the restructuring of 
the  fleets  most  seriously  hit  by  the  economic  crisis.  The  way  it  has  been  designed 
ensures that the effects of the proposed Regulation do not go beyond what the crisis 
requires and does not jeopardise the basic goals of the Common Fisheries Policy, in 
particular as regards the balance between fishing capacity and resources. 

The proposal has no new financial implications for the Community budget. Member 
States shall apply the derogations by reprogramming their national EFF operational 
programmes,  within  the  limits  of  the  commitment  appropriations  currently  defined 
for the EFF for the period 2007-2013. 

• 

Choice of instruments 

Proposed instruments: regulation. 

Other means would not be adequate for the following reason(s). 

The  proposal  consists  of  temporary  derogations  from  a  Council  regulation,  which 
requires another Council Regulation. 

(4) 

BUDGETARY IMPLICATION 

It does not reflect any budgetary implications except a change in the annual profile of 
Payment Appropriations (PA) under the EFF. 

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2008/0144 (CNS) 

Proposal for a 

COUNCIL REGULATION 

instituting a temporary specific action aiming to promote the restructuring of the 
European Union fishing fleets affected by the economic crisis 

THE COUNCIL OF THE EUROPEAN UNION, 

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

Having regard to the proposal from the Commission1, 

Having regard to the opinion of the European Parliament2, 

Whereas: 

(1) 

(2) 

(3) 

Council  Regulation  (EC)  No  1198/2006  of  27  July  2006  on  the  European  Fisheries 
Fund3 lays down the rules regarding Community structural assistance in the fisheries 
sector. In particular, Chapter I of Title IV of that Regulation lays down the terms on 
which  the  Member  States  may  receive  a  financial  contribution  from  the  European 
Fisheries  Fund  (EFF)  for  the  measures  for  the  adaptation  of  the  Community  fishing 
fleet. 

The EFF aims to contribute to the steps that have been taken since the 2002 reform of 
the  Common  Fisheries  Policy  (CFP)  in  view  of  reducing  pressure  on  fish  stocks, 
whilst ensuring sustainable social and economic conditions for the sector concerned. 

In  the  context  of  the  recent  economic  situation,  following  in  particular  the  drastic 
increase in fuel prices, there is an impending need to take additional measures aiming 
for  a  more  rapid  adaptation  of  the  Community  fishing  fleet  to  the  current  situation, 
addressing the need to ensure sustainable social and economic conditions for the sector 
concerned. Such measures should contribute to attaining the general objectives set out 
in Article 33 of the Treaty and the CFP objectives as laid down in Article 2 of Council 
Regulation  (EC)  No  2371/2002  of  20  December  2002  on  the  conservation  and 
sustainable exploitation of fisheries resources under the Common Fisheries Policy4. In 
this context, they should address both the immediate situation of economic and social 
hardship while tackling systemic overcapacity. 

1 
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OJ C , , p. . 
OJ C , , p. . 
Official Journal L 223, 15.08.2006 p 1 
OJ L 358, 31.12.2002, p. 59. Regulation as last amended by Regulation (EC) No 865/2007 (OJ L 192, 
24.7.2007, p. 1.). 

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(4) 

(5) 

(6) 

(7) 

It is of importance to ensure that such action will be equally available for all Member 
States  and  therefore  needs  to  be  addressed  and  coordinated  at  Community  level  to 
ensure that it will be equally available for all Member States and to avoid distorting 
competition between Member States or fleets.  

Consequently, there is a need for a Community initiative supplementing and allowing 
for temporary derogations from certain provisions of Regulation (EC) No 1198/2006. 
This initiative should therefore provide for specific measures of general nature and for 
the  implementation  of  Fleet  Adaptation  Schemes  in  the  Member  States,  which 
effectively  address  the  current  economic  difficulties,  whilst  ensuring  the  long-term 
viability of fisheries sector.  

In view of the exceptional nature of those measures and of the economic hardship they 
intend  to  address,  their  duration  should  be  limited  to  the  shortest  possible  period 
sufficient to achieve the expected aims. 

These measures should be implemented by the Member States in the context of their 
operational programme under the EFF and financed from the funds allocated to them 
in that framework.  

(8)  Moreover, Member States should be entitled to supplement the actions benefiting from 
such  funds  by  financing  certain  measures  through  solely  national  funds  with  no 
financing from Community financial instruments. In view of the need to rapidly tackle 
the serious situation faced by the fisheries sector, those measures, aimed to bring about 
structural improvement and long-term economic viability of the sector, should not be 
subject  to  the  application  of  Articles  87,  88  and  89  of  the  Treaty.  In  order  to  limit 
possible distortions of competition and effects on internal market, those measures shall 
be subject to certain limitations. 

(9) 

(10) 

This initiative should provide for Community contribution to measures for permanent 
and  temporary  cessation  of  fishing  activities,  for  investments  on  board  aiming  to 
reduce fuel dependency of fishing vessel, for socio-economic compensation as well as 
for  certain  actions  of  more  collective  nature.  In  order  to  ensure  the  effectiveness  of 
those measures, as well as to allow Member States to make use of the available funds 
to the fullest extent possible, the thresholds for private participation in the financing of 
the measures should be lowered. 

In order to contribute to restructuring, temporary cessation of fishing activities should 
be  made  available.  Temporary  cessation  of  fishing  activities  should  in  particular  be 
aimed  to  enhance  economic  benefits  by  supporting  stock  recovery  or  by  promoting 
more  favourable  marketing  conditions.  To  that  effect,  Member  States  should  be 
encouraged to link the period of temporary cessation with considerations of biological 
dynamics, seasonality and market dynamics. In the context of the economic crisis, it is 
also  necessary  to  facilitate  the  compensation  to  be  granted  to  fishers  that  have 
temporary ceased their activities prior to the adoption of this Regulation.  

(11) 

In  view  of  assisting  the  fishing  sector  to  adapt  to  less  fuel  consuming  fishing 
techniques,  it  is  appropriate  to  facilitate  the  replacement  of  existing  equipment  on 
board fishing vessels allowing for new, less energy consuming, fishing techniques. In 
this  regard,  additional  possibilities  for  contributions  to  investments  on  board  fishing 
vessel should be made available. 

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(12)  Community  contribution  should  also  be  provided  for  collective  actions  aimed  at 
delivering  expertise  to  vessel  owners  in  relation  to  energy  audits  for  vessels,  and 
expert advice on the development of restructuring and modernisation plans and Fleet 
Adaptation Schemes. Moreover, financing should be made available for pilot projects 
aiming at reducing energy consumption for vessels, engines, equipment or gear. 

(13) 

In  view  of  long-term  viability  of  the  fishing  sector,  a  new  instrument  should  be 
introduced allowing Member States to reduce capacity and to increase profitability of 
the fleets. This should take the form of Fleet Adaptation Schemes and concern fleets 
where  the  energy  costs  represent  on  average  at  least  30%  of  the  production  costs. 
These  Fleet  Adaptation  Schemes  should  result  in  a  capacity  reduction  of  the  fleets 
concerned of at least 30%. 

(14)  Where measures are implemented by Member States in the context of Fleet Adaptation 
Schemes, with a view to ensure the long-term viability of one or more of their fleets 
through capacity reduction, more favourable conditions should apply. 

(15)  There  is  a  need  to  encourage  Member  States  to  further  extend  their  permanent 
cessation  schemes  in  order  to  adjust  their  fleets  to  the  available  resources. 
Consequently,  it  is  appropriate  to  allow  for  further  contribution  possibilities  to 
permanent  cessation.  In  order  to  facilitate  restructuring,  further  possibilities  for 
temporary  cessation  of  fishing  activities  should  be  allowed  for  fishers  and  vessel 
owners concerned by Fleet Adaptation Schemes. 

(16)  Furthermore,  Member  States  having  adopted  a  Fleet  Adaptation  Scheme  should  also 
be  allowed  to  implement  partial  decommissioning  measures  ensuring  a  more  cost 
efficient  use  of  funds  available  under  the  EFF  for  reducing  capacity  and  energy 
consumption  of  the  fleet  concerned.  Within  such  partial  decommissioning  measures, 
vessel  owners  withdrawing  one  or  more  of  their  vessels  from  the  fleet  should  be 
allowed  to  re-use  part  of  the  capacity  withdrawn  for  a  new  smaller  and  less  energy 
consuming vessel. In addition, Member States should be allowed to allocate a limited 
amount  of  the  total  capacity  withdrawn  under  the  Fleet  Adaptation  Scheme  to  new 
vessels. In such case, funds should be made available only for the part of the capacity 
which is permanently withdrawn. 

(17)  Given  the  urgency  of  the  situation  and the  need for immediate action in all Member 
States,  it  is  appropriate  to  increase  the percentage  of  Community  co-financing  under 
the EFF of the measures under this initiative to 95%. In the same context, it is relevant 
that  these  funds  are  made  available  to  Member  States  within  shorter  delays  than 
usually applicable. 

HAS ADOPTED THIS REGULATION: 

CHAPTER I 

GENERAL PROVISIONS 

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Article 1 
Subject matter 

1. 

This Regulation establishes a specific action of the Community designed to provide 
for  exceptional  and  temporary  support  for  the  persons  and  enterprises  active  in  the 
fisheries sector affected by the economic crisis induced by the increase of oil prices 
in 2008, as a special regime under the European Fisheries Fund (hereinafter referred 
to as "EFF"). 

2. 

This specific action shall consist of: 

(a) 

(b) 

general  measures  supplementing  and  derogating  from  certain  provisions  of 
Regulation (EC) No 1198/2006, and 

special  measures  supplementing  and  derogating  from  certain  provisions  of 
Regulations  (EC)  No  2371/2002  and  (EC)  No  1198/2006  that  are  conditional 
upon the implementation of a Fleet Adaptation Scheme as referred to in Article 
12. 

Article 2 

Scope 

This Regulation shall apply only to public aid which has been the subject of an administrative 
decision by the relevant national authorities by 31 December 2010.  

Article 3 
Financial Framework  

1. 

2. 

1. 

2. 

The measures provided for under this Regulation may receive financial support from 
the  EFF  within  the  limits  of  the  commitment  appropriations  defined  for  the  period 
2007-2013.  

Public  aid  granted  under  this  specific  action  may  not  be  cumulated  with  another 
public aid having the same purpose, and in particular  that granted  by  the European 
Agricultural  Fund  for  Rural  Development  (EAFRD),  the  European  Regional 
Development  Fund  (ERDF),  the  European  Social  Fund  (ESF),  the  Cohesion  Fund, 
other Community financial instruments and national funds. 

Article 4 
Application of State aid rules  

Without prejudice to paragraph 2, Articles 87, 88 and 89 of the Treaty shall not apply 
to aid granted by Member States, pursuant to and in conformity with this Regulation 
within the scope of Article 36 of the Treaty.  

Aid  granted  by  Member  States  with  no  financing  from  Community  financial 
instruments  and  exceeding  the  limits  laid  down  in  Article  1(3)  of  Commission 

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Regulation (EC) No … /2008 of July 2008 on the application of Articles 87 and 88 
of  the  Treaty  to  small  and  medium-sized  enterprises  active  in  the  production, 
processing and marketing of fisheries products shall be subject to the application of 
Articles 87, 88 and 89 of the Treaty. 

3. 

Where aid is granted by Member States with no financing from Community financial 
instruments  within  the  limits  laid  down  in  Article  1(3)  of  Commission  Regulation 
(EC) No … /2008 of July 2008 on the application of Articles 87 and 88 of the Treaty 
to  small  and  medium-sized  enterprises  active  in  the  production,  processing  and 
marketing  of  fisheries  products,  Member  States  shall  forward  to  the  Commission  a 
summary  of  the  information  regarding  such  aid  prior  to  its  implementation. 
Moreover,  each  year,  by  1  July  at  the  latest,  Member  States  shall  submit  to  the 
Commission a report on the aid granted under this paragraph. 

CHAPTER II 

GENERAL MEASURES 

Article 5 
General measures 

Public  aid  to  the  persons  and  enterprises  referred  to  in  Article  1  may  be  granted  until  31 
December 2010 according to the rules set out in this Chapter. 

Article 6 
Temporary cessation of fishing activities  

1. 

In  addition  to  the  measures  provided  for  in  Article  24  of  Regulation  (EC)  No 
1198/2006,  the  EFF  may  contribute  to  the  financing  of  aid  measures  for  the 
temporary cessation of fishing activities for fishers and owners of fishing vessels for 
a  maximum  duration  of  three  months  implemented  during  the  period  from  1  July 
2008 to 31 December 2009, provided that: 

(a) 

(b) 

the temporary cessation of fishing activities commenced before 30 November 
2008, and  

the beneficiary enterprises become subject within six months from the date of 
entry  into  force  of  this  regulation  to  restructuring  measures  such  as  Fleet 
Adaptation 
national 
decommissioning  schemes,  fishing  plans,  other  restructuring/modernization 
measures. 

adjustment 

Schemes, 

fishing 

plans, 

effort 

2. 

The measures provided for in paragraph 1 may cover the following costs:  

(a) 

the fixed cost incurred by the vessel owners when the vessel is tied-up in the 
port,  such  as  port  charges,  insurance  cost,  maintenance  costs,  financial  costs 
related to loans; 

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(b)  part of the basic salary of the fishers. 

3. 

4 

The total public aid per Member State to the measures provided for in paragraph 1 
shall  not  exceed  the  higher  of  the  following  two  thresholds:  EUR  6  million  or  an 
amount  equal  to  8%  of  the  EFF  financial  assistance  allocated  to  the  sector  in  the 
Member State concerned. 

Member States shall monitor compliance with the conditions set out under Article 70 
of Regulation (EC) No 1198/2006 of aid granted in accordance with this chapter and 
the Commission shall make financial corrections in accordance with Article 97 of the 
same Regulation if Member States fail to ensure that within six months from the date 
of entry into force of this regulation the persons or enterprises benefiting  from  this 
aid fail to become subject to restructuring measures as foreseen in paragraph 1(b). 

Article 7 
Investments on board fishing vessels and selectivity 

By way of derogation from point (a) of Annex II to Regulation (EC) No 1198/2006 where a 
contribution  is  granted  for  the  financing  of  equipment  which  significantly  improves  energy 
efficiency  on  board  fishing  vessels,  including  small  scale  coastal  fishing  vessels,  the 
minimum private financial participation to that operation shall be 40%.  

Article 8 
Socio-economic compensation 

In addition to the measures provided for in Article 27 of Regulation (EC) No 1198/2006, the 
EFF may contribute to the financing of early departure measures, including early retirement 
for workers in the fisheries sector, with the exception of workers in the aquaculture sector and 
in the sector of processing of fisheries and aquaculture products. 

Article 9 
Collective actions 

1. 

2. 

3. 

In addition to the collective actions provided for in Article 37 of Regulation (EC) No 
1198/2006, the EFF may contribute to the financing of measures providing assistance 
for: 

(a) 

carrying out energy audits for groups of vessels, and  

(b) 

expert  advice  on  the  development  of  restructuring  or  modernisation  plans, 
including Fleet Adaptation Schemes referred to in Article 12. 

By way of derogation from point (a) of Annex II to Regulation (EC) No 1198/2006, 
where a contribution is granted for the financing of measures referred to in paragraph 
1, the maximum rate for public contribution shall be 100%. 

The  EFF  may  contribute  to  the  financing  of  compensation  granted  to  producer 
organizations which are no longer entitled to benefit from aid under the second and 
third  sub-paragraph  of  Article  10(1)  of  Council  Regulation  (EC)  104/2000  of  17 

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December  1999  on  the  common  organisation  of  the  markets  in  fishery  and 
aquaculture  products5,  in  order  to  offset  the  costs  arising  from  the  obligations 
imposed  on  them  under  Article  9  of  the  same  Regulation,  and  subject  to  the 
conditions laid down in Article 10, paragraphs 2, 3 and 4, of that Regulation. 

Article 10 
Pilot projects 

In addition to the measures provided for in Article 41(2) of Regulation (EC) No 1198/2006, 
the  EFF  may  contribute  to  the  financing  of  pilot  projects  testing  technical  improvements 
aiming at reducing energy consumption for vessels, engines, equipment or gear. 

CHAPTER III 

SPECIAL MEASURES APPLICABLE ONLY TO FLEETS CONCERNED BY FLEET 
ADAPTATION SCHEMES 

Article 11 
Measures applicable only to fleets subject to Fleet Adaptation Schemes 

Public  aid  to  the  persons  and  enterprises  referred  to  in  Article  1  may  be  granted  until  31 
December 2010, according to the rules set out in this Chapter, provided they are subject to a 
Fleet Adaptation Scheme referred to in Article 12. 

Member  States  shall  monitor  compliance  with  the  conditions  set  out  under  Article  70  of 
Regulation  (EC)  No  1198/2006  of  aid  granted  in  accordance  with  this  chapter  and  the 
Commission  shall  make  financial  corrections  in  accordance  with  Article  97  of  the  same 
Regulation  if  Member  States  fail  to  ensure  that  the  requisite  reductions  in  fishing  capacity, 
permanent  cessations  or  temporary  cessations  do  not  take  place  in  accordance  with  this 
chapter. 

Article12 
Fleet Adaptation Schemes 

1. 

2. 

3. 

5 

Member  States  may  adopt  and  implement  Fleet  Adaptation  Schemes  aimed  at 
restructuring the fishing fleets affected by the economic crisis. 

Fleet  Adaptation  Schemes  may  include  the  measures  provided  for  in  Chapter  I  of 
Title IV of Regulation (EC) No 1198/2006 and those provided for in this Regulation. 

A  Fleet  Adaptation  Scheme  shall  concern  only  fleets  where  the  energy  costs 
represent on average at least 30% of the production costs, based on the turnover in 
2007, of the fleet concerned by that scheme. 

Council regulation (EC) 104/2000 of 17 December 1999 on the common organisation of the markets in 
fishery and aquaculture products, OJ L 17, 21.1.2000, p.22  

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4. 

A Fleet Adaptation Scheme shall fulfil the following requirements: 

(a) 

it shall result, by 31 December 2012 at the latest, in a permanent reduction of at 
least  30%  of  the  fishing  capacity  of  the  fleet  covered  by  the  scheme;  that 
threshold may be lowered to a minimum of 20 %, subject to the approval of the 
Commission,  where  the  Fleet  Adaptation  Scheme  concerns  a  Member  State 
whose  fleet 
than  100  vessels,  and  a  30%  reduction  would 
disproportionately  affect  the  viability  of  the  fisheries  related  activities 
depending on it; 

less 

is 

(b) 

it shall include the list of the vessels covered by the scheme, identified by their 
names and Community Fishing Fleet Register numbers. 

5. 

Each  fishing  vessel  may  be  included  only  in  one  Fleet  Adaptation  Scheme.  The 
conditions  for  including  a  fishing  vessel  in  a  Fleet  Adaptation  Scheme  shall  be  as 
follows: 

(a)  Vessels must have carried out a fishing activity of at least 60 days at sea per 
year  during  the  two  years  preceding  the  date  of  the  adoption  of  the  Fleet 
Adaptation Scheme; 

(b)  Vessels must be operational at the date of the adoption of the Fleet Adaptation 

Scheme. 

At the latest nine months after the entry into force of this Regulation, Member States 
shall communicate to the Commission the Fleet Adaptation Schemes adopted. 

When a Member State requests a revision of its operational program for the purpose 
of  incorporating  the  Fleet  Adaptation  Schemes,  Article  18  of  Regulation  (EC)  No 
1198/2006 shall apply accordingly. 

Article 13 
Compliance and audit of Fleet Adaptation Schemes 

The reports mentioned in Article 67 of Regulation (EC) No 1198/2006 shall include 
the results achieved in the implementation of the Fleet Adaptation Schemes. 

The Commission may perform audits on the implementation of the Fleet Adaptation 
Schemes. To that purpose, it may be assisted by external experts financed by the EFF 
under the provisions of Article 46(1) of Regulation (EC) No 1198/2006. 

Non  compliance  by  a  Member  State  with  the  conditions  laid  down  in  a  Fleet 
Adaptation Schemes or failure to achieve the results foreseen therein within the fixed 
deadline  shall  be  considered  to  be  an  irregularity  in  the  sense  of  Article  97  of 
Regulation  (EC)  No  1198/2006.  The  criteria  for  corrections  as  laid  down  in  that 
Article shall apply accordingly. 

6. 

7. 

1. 

2. 

3. 

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1. 

2. 

3. 

1. 

Article 14 
Permanent cessation of fishing activities  

For the purposes of Article 23 of Regulation (EC) No 1198/2006, Fleet Adaptation 
Schemes  are  assimilated  to  the  fishing  effort  adjustment  plans  referred  to  in  that 
Article. 

The provisions of Article 23(2) of Regulation (EC) No 1198/2006 shall not apply to 
permanent cessation measures adopted in the context of a Fleet Adaptation Scheme. 

Within six months from the adoption of a Fleet Adaptation Scheme, the vessels listed 
for permanent cessation of fishing activities under this Fleet Adaptation Scheme shall 
cease permanently their fishing activities.  

Article 15 
Temporary cessation of fishing activities  

In  addition  to  the  measures  provided  for  by  Article  24  of  Regulation  (EC)  No 
1198/2006 and in Article 6 of the present Regulation, the EFF may contribute to the 
financing of aid measures for temporary cessation of fishing activities for fishers and 
owners of fishing vessels included in a Fleet Adaptation Scheme, provided that the 
temporary cessation is implemented during the period going from 1 January 2009 to 
31 December 2009 and has a maximum duration of: 

(a) 

(b) 

3 months prior to the permanent withdrawal of the vessel or during the period 
of engine replacement; a maximum of 3 additional months may be granted as 
of 1 January 2010 where the process of engine replacement is still ongoing; 

six  weeks  in  the  case  of  the  other  vessels  included  in  a  Fleet  Adaptation 
Scheme when those vessels are subject to one of the other measures referred to 
in Article 12 paragraph 2. 

2. 

The measures provided for in paragraph 1 may cover the following costs:  

(a) 

the fixed cost incurred by the vessel owners when the vessel is tied-up in the 
port,  such  as  port  charges,  insurance  cost,  maintenance  costs,  financial  costs 
related to loans; 

(b)  part of the basic salary of the fishers. 

3. 

The total public aid per Member State to the measures provided for in paragraph 1 
shall  not  exceed  the  higher  of  the  following  two  thresholds:  EUR  6  million  or  an 
amount  equal  to  8%  of  the  EFF  financial  assistance  allocated  to  the  sector  in  the 
Member State concerned. 

Article 16 
Investments on board fishing vessels and selectivity 

1. 

By way of derogation from point (a) of Annex II to Regulation (EC) No 1198/2006, 
where a contribution is granted for the financing of equipment or of gear or engine 

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14 

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2. 

3. 

4. 

5. 

replacement which significantly improves energy efficiency on board fishing vessels, 
including  small  scale  coastal  fishing  vessels,  the  minimum  private  financial 
participation to that operation shall be 40%.  

Member  States  shall  fix  the  minimum  private  financial  participation  referred  to  in 
paragraph 1 on the basis of objective criteria such as the age of the vessel, the energy 
efficiency  improvement,  or  the  amount  of  capacity  reduction  included  in  the  Fleet 
Adaptation Scheme. 

The age limit referred to in Article 25(1) of Regulation (EC) No 1198/2006 shall not 
apply  to  the  vessels  receiving  aid  under  this  Article  for  equipment  or  gear 
replacement. 

By  way  of  derogation from Article 25(3)(c) of Regulation (EC) No 1198/2006, the 
EFF  may  contribute  to  one  replacement  of  the  engine  per  vessel  of  more  than  24 
metres  in  overall  length  included  in  a  Fleet  Adaptation  Scheme,  provided  that  the 
new  engine  has  at  least  20%  less  power  than  the  old  one  and  it  increases  energy 
efficiency. 

By  way  of  derogation  from  paragraph  7  of  Article  25  of  Regulation  (EC)  No 
1198/2006, one additional replacement of gear shall be allowed to vessels included in 
a  Fleet  Adaptation  Scheme  under  the  condition  that  the  new  gear  significantly 
improves  energy  efficiency.  The  conditions  laid  down  in  points  (a)  and  (b)  of  that 
paragraph shall not apply. 

CHAPTER IV 
MEASURES FOR PARTIAL DECOMMISSIONING UNDER FLEET ADAPTATION 
SCHEMES 

Article 17 
Partial decommissioning 

Public aid to vessel owners permanently withdrawing one or more vessels included in a Fleet 
Adaptation Scheme in order to build a new vessel of lesser fishing capacity and lesser energy 
consumption may be granted until 31 December 2010 according to the rules laid down in this 
Chapter,  and  provided  that  the  Fleet  Adaptation  Scheme  fulfils  the  following  two 
requirements: 

(a) 

it includes vessels using one and the same fishing gear, and 

(b) 

it includes vessels representing at least 70% of the capacity of the fleet using 
that gear in the Member State. 

Such permanent withdrawal is hereinafter referred to as partial decommissioning. 

Member  States  shall  monitor  compliance  with  the  conditions  set  out  under  Article  70  of 
Regulation  (EC)  No  1198/2006  of  aid  granted  in  accordance  with  this  chapter  and  the 
Commission  shall  make  financial  corrections  in  accordance  with  Article  97  of  the  same 

EN 

15 

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Regulation if Member States fail to ensure that the requisite reduction in fishing capacity does 
not take place in accordance with this chapter. 

1. 

2. 

3. 

1. 

2. 

3. 

4. 

1. 

Article 18 
Public aid for the permanent cessation of fishing  

In addition to Article 23 of Regulation (EC) No 1198/2006, a vessel owner engaging 
in partial decommissioning shall be entitled to receive public aid for the permanent 
cessation of fishing activities for the difference between the capacity withdrawn and 
the capacity re-allocated to a new vessel. 

The fishing capacity of the new vessel shall not be higher than 40% of the capacity 
withdrawn by the vessel owner. 

Where appropriate, Member States shall adapt the fishing licence accordingly. 

Article 19 
Withdrawal and reallocation of fishing capacity 

By  way  of  derogation  to  Article  11,  paragraphs  3  and  4,  of  Regulation  (EC)  No 
2371/2002, Member States shall be entitled to re-allocate up to 25 % of the capacity 
permanently withdrawn in the context of a Fleet Adaptation Scheme to new vessels 
as referred to in Article 17.  

The reference levels referred to in Article 12 of Regulation (EC) No 2371/2002 are 
deducted  by  the  difference  between  the  capacity  permanently  withdrawn  and  the 
capacity re-allocated. 

The capacity re-allocated under paragraph 1 need  not be taken into  account for  the 
establishment of the balance of entries and exits by Member States under Article 13 
of Council Regulation (EC) No 2371/2002. 

In Fleet Adaptation Schemes where partial decommissioning is applied to more than 
33  %  of  initial  fleet  capacity,  the  total  reduction  in  capacity  under  the  Fleet 
Adaptation Scheme shall be of at least 66 %. 

CHAPTER V 
FINANCIAL PROVISIONS 

Article 20 
Financial provisions 

By  way  of  derogation  to  Article  53  of  Regulation  (EC)  No  1198/2006,  the 
contribution from the EFF to operations financed in the context of this specific action 
shall be subject to a ceiling of 95% of the total public expenditure and shall not be 
taken into account for the purposes of the ceilings referred to in Article 53(3). 

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2. 

3. 

By way of derogation to Article 81(1) of Regulation (EC) No 1198/2006, a second 
pre-financing  amount  representing  7  %  of  the  contribution  from  the  EFF  for  the 
period 2007 to 2013 to the operational programme shall be paid by the Commission 
upon request by the Member State. For operational programmes adopted in 2007, the 
above request shall be submitted to the Commission at the latest by 31 October 2008. 
For operational programmes adopted in 2008, the above request shall be submitted to 
the Commission at the latest by 30 June 2009. It may be spread to two financial years 
in accordance with the available budget of the EFF. 

By way of derogation to Article 81(2) of Regulation (EC) No 1198/2006, where the 
second  pre-financing  amount  is  paid  in  accordance  with  paragraph  2,  the  total 
amount  paid  as  pre-financing  shall  be  reimbursed  to  the  Commission  by  the  body 
designated by the Member State if no application for payment under the operational 
programme  is  sent  within  24  months  from  the  date  on  which  the  Commission  paid 
the first instalment of the second pre-financing amount. 

CHAPTER VI 

FINAL PROVISIONS 

Article 21 
Implementing rules 

The implementing rules for this Regulation may be adopted in accordance with the procedure 
referred to in Article 101(3) of Regulation (EC) No 1198/2006. 

Article 22 
Entry into force 

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

Done at Brussels,  

For the Council 
The President 

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LEGISLATIVE FINANCIAL STATEMENT 

The  underlying  Council  Regulation  constitutes  a  temporary  action  which  supplements  the 
measures provided for under the European Fisheries Fund (EFF) in Council Regulation (EC) 
No  1198/2006  of  27  July  2006.  Therefore,  this  legislative  financial  statement  complements 
the already existing legislative financial statement of the EFF Regulation. It does not reflect 
any budgetary implications except a change in the annual profile of Payment Appropriations 
(PA) under the EFF. This modified profile in PA results from the doubling of potential pre-
financing from 7% to 14% of the programmed EFF total amount. 

1. 

NAME OF THE PROPOSAL: 

Council  Regulation  instituting  a  temporary  specific  action  aiming  to  promote  the 
restructuring of the European fisheries fleets affected by the economic crisis 

2. 

ABM / ABB FRAMEWORK 

Policy Area concerned: Maritime Affairs and Fisheries  
Activity: 11.06 European Fisheries Fund (EFF) 

3. 

BUDGET LINES 

3.1. 

Budget  lines  (operational  lines  and  related  technical  and  administrative 
assistance lines (ex- B..A lines)) including headings: 

11.0612:  EFF  convergence  objective  and  11.0613:  EFF  outside  convergence 
objective 

3.2. 

Duration of the action and of the financial impact: 

Entry into force of Regulation until 31 December 2010 

3.3. 

Budgetary characteristics: 

Budget 
line 

11.0612 
and 
11.0613 

Type of expenditure 

New 

EFTA 
contribution 

Contributions 
from applicant 
countries 

Heading in 
financial 
perspective 

Non-
comp 

Diff6 

NO 

NO 

NO 

No 2 

6 

Differentiated appropriations 

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4. 

SUMMARY OF RESOURCES 

4.1. 

Financial Resources 

4.1.1. 

Summary of commitment appropriations (CA) and payment appropriations (PA) 

Section 
no. 

Expenditure type 

2008 

2009 

2010 and years after  

Total 

EUR million (to 3 decimal places) 

Operational expenditure7 

Commitment Appropriations 
(CA) 

8.1. 

Payment 
(PA)8 

Appropriations 

a 

b 

230.975  70.372 

-301.347 

0.000 

Administrative expenditure within reference amount9 

Technical  &  administrative 
assistance (NDA) 

8.2.4. 

c 

TOTAL REFERENCE AMOUNT 

Commitment 
Appropriations 

Payment Appropriations 

a+c

b+c

230.975  70.372 

-301.347 

0.000 

Administrative expenditure not included in reference amount10 

Human 
associated 
(NDA) 

resources 

and 
expenditure 

Administrative  costs,  other 
than  human  resources  and 
not 
associated 
included 
reference 
in 
amount (NDA) 

costs, 

8.2.5. 

d 

8.2.6. 

e 

Total indicative financial cost of intervention 

TOTAL CA including cost 
of Human Resources 

a+c
+d
+e 

Expenditure that does not fall under Chapter xx 01 of the Title xx concerned. 
Re-programmed PA for additional advance payments reflected in 2008 for all MS whose Operational 

7 
8 
Programmes were adopted in 2007 and reflected in 2009 for all MS whose Operational Programmes will be 
adopted in 2008. No net increase throughout the total programming period. 
9 
10 

Expenditure within article xx 01 04 of Title xx. 
Expenditure within chapter xx 01 other than articles xx 01 04 or xx 01 05. 

EN 

19 

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TOTAL  PA  including  cost 
of Human Resources 

b+c
+d
+e 

230.975  70.372 

-301.347 

0.000 

4.1.2.  Compatibility with Financial Programming 

X 

Proposal is compatible with existing financial programming. 

(cid:133) 

(cid:133) 

Proposal  will  entail  reprogramming  of  the  relevant  heading  in  the  financial 
perspective. 

Proposal  may  require  application  of  the  provisions  of  the  Interinstitutional 
Agreement11 (i.e. flexibility instrument or revision of the financial perspective). 

4.1.3.  Financial impact on Revenue 

X 

Proposal has no financial implications on revenue 

(cid:133) 

Proposal  has  financial  impact  –  the  effect  on  revenue  is  as  follows:4.2.
Human Resources FTE (including officials, temporary and external staff) 

– see detail under point 8.2.1. 

No change compared to EFF legislative financial statement 

Annual requirements 

Year n 

n + 1 

n + 2 

n + 3 

n + 4 

n + 5 
and 
later 

Total  number  of  human 
resources 

5. 

CHARACTERISTICS AND OBJECTIVES 

Details of the context of the proposal are presented in the Explanatory Memorandum and the 
Legislative Financial Statement attached to the EFF Regulation.  

5.1. 

Need to be met in the short or long term 

The  package  of  measures  proposed  is  intended  to  provide  for  exceptional  and 
temporary  support  for  the  persons  and  enterprises  active  in  the  fisheries  sector 
affected by the economic crisis induced by the increase of oil prices in 2008 within 
the overall context of the EFF. 

5.2. 

Value-added  of  Community  involvement  and  coherence  of  the  proposal  with 
other financial instruments and possible synergy 

See EFF Financial Statement  

11 

See points 19 and 24 of the Interinstitutional agreement. 

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20 

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5.3. 

Objectives, expected results and related indicators of the proposal in the context 
of the ABM framework 

See EFF Financial Statement 

5.4.  Method of Implementation (indicative) 

(cid:133)  Centralised Management 

(cid:133) 

(cid:133) 

directly by the Commission 

indirectly by delegation to: 

(cid:133) 

executive Agencies 

(cid:133) 

bodies set up by the Communities as referred to in art. 185 of the 
Financial Regulation 

(cid:133) 

national public-sector bodies/bodies with public-service mission 

X 

Shared or decentralised management 

X  with Member states 

(cid:133)  with Third countries 

(cid:133) 

Joint management with international organisations (please specify) 

Relevant comments: 

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6. 

MONITORING AND EVALUATION – NO CHANGES COMPARED TO EFF 
LEGISLATIVE FINANCIAL STATEMENT  

6.1.  Monitoring system 

See EFF Financial Statement 

6.2. 

Evaluation 

6.2.1.  Ex-ante evaluation 

This  proposal  has  no  additional  financial  consequences  but  only  changes  the 
schedule  for  payments,  so  that  a  specific  ex-ante  evaluation  of  this  proposal  is  not 
required. 

6.2.2.  Measures taken following an intermediate/ex-post evaluation (lessons learned from 

similar experiences in the past) 

See arrangements set for the EFF 

6.2.3.  Terms and frequency of future evaluation 

See arrangements set for the EFF 

7. 

ANTI-FRAUD MEASURES  

See arrangements set for the EFF 

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8. 

DETAILS OF RESOURCES – NO CHANGES COMPARED TO EFF LEGISLATIVE FINANCIAL STATEMENT 

8.1. 

Objectives of the proposal in terms of their financial cost 

Commitment appropriations in EUR million (to 3 decimal places) 

Type of output 

Av. 
cost 

Year n 

Year n+1 

Year n+2 

Year n+3 

Year n+4 

Year n+5 and 
later 

TOTAL 

No. 
outputs 

Total 
cost 

No. 
outputs 

Total 
cost 

No. 
outputs 

Total 
cost 

No. 
outputs 

Total 
cost 

No. 
outputs 

Total 
cost 

No. 
outputs 

Total 
cost 

No. 
outputs 

Total 
cost 

of 

(Headings 
Objectives, 
and 
actions 
outputs should be 
provided) 

OPERATIONAL 
OBJECTIVE  No.1 
12……… 

Action 
1………………. 

- Output 1 

- Output 2 

Action 
2………………. 

- Output 1 

Sub-total 
Objective 1 

OPERATIONAL 
OBJECTIVE  No.2 
1……… 

12 

As described under Section 5.3 

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Action 
1………………. 

- Output 1 

Sub-total 
Objective 2 

OPERATIONAL 
OBJECTIVE  No.n 
1 

Sub-total 
Objective n 

TOTAL COST 

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8.2. 

Administrative Expenditure 

No impact on administrative expenditure 

8.2.1.  Number and type of human resources 

Types of post 

Staff to be assigned to management of the action using existing and/or 
additional resources (number of posts/FTEs) 

Year n 

Year n+1  Year n+2  Year n+3  Year n+4  Year n+5 

Officials or 
temporary 
staff13 (XX 01 
01) 

A*/AD 

B*, 
C*/AST 

Staff  financed14  by  art. 
XX 01 02 

Other  staff15  financed by 
art. XX 01 04/05 

TOTAL 

8.2.2.  Description of tasks deriving from the action 

8.2.3. 

Sources of human resources (statutory) 

(cid:133) 

(cid:133) 

(cid:133) 

(cid:133) 

(cid:133) 

Posts currently allocated to the management of the programme to be replaced 
or extended 

Posts pre-allocated within the APS/PDB exercise for year n 

Posts to be requested in the next APS/PDB procedure 

Posts  to  be  redeployed  using  existing  resources  within  the  managing  service 
(internal redeployment) 

Posts required for year n although not foreseen in the APS/PDB exercise of the 
year in question 

13 
14 
15 

Cost of which is NOT covered by the reference amount 
Cost of which is NOT covered by the reference amount 
Cost of which is included within the reference amount 

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8.2.4.  Other  Administrative  expenditure  included  in  reference  amount  (XX  01  04/05  – 

Expenditure on administrative management) 

Budget line 

(number and heading) 

EUR million (to 3 decimal places) 

Year 
n 

Year 
n+1 

Year 
n+2 

Year 
n+3 

Year 
n+4 

Year 
n+5  

and 
later 

TOTAL 

Technical 

1 
and 
assistance (including related staff costs) 

administrative 

Executive agencies16 

Other 

technical 

and 

administrative 

assistance 

- intra muros  

- extra muros 

Total  Technical  and  administrative 
assistance 

8.2.5.  Financial cost of human resources and associated costs not included in the reference 

amount 

EUR million (to 3 decimal places) 

Type of human resources 

Year n 

Year 
n+1 

Year 
n+2 

Year 
n+3 

Year 
n+4 

Year 
n+5 

and later 

Officials  and  temporary  staff 
(XX 01 01) 

Staff  financed  by  Art  XX  01 
02  (auxiliary,  END,  contract 
staff, etc.) 

(specify budget line) 

cost 

Total 
of  Human 
Resources  and  associated 
costs 
in  reference 
amount) 

(NOT 

16 

Reference should be made to the specific legislative financial statement for the Executive Agency(ies) 
concerned. 

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Calculation– Officials and Temporary agents 

Calculation– Staff financed under art. XX 01 02 

8.2.6. Other administrative expenditure not included in reference amount 

EUR million (to 3 decimal places)

Year 
n 

Year 
n+1 

Year 
n+2 

Year 
n+3 

Year 
n+4 

Year 
n+5 

and 
later 

TOTAL 

XX 01 02 11 01 – Missions 

XX 01 02 11 02 – Meetings & Conferences 

XX 01 02 11 03 – Committees17  

XX 01 02 11 04 – Studies & consultations 

XX 01 02 11 05 - Information systems 

2 

Total 

Other  Management 

Expenditure (XX 01 02 11) 

3  Other 

expenditure 

administrative 
including reference to budget line) 

nature 

of 

an 
(specify 

expenditure, 
than  human  resources  and 
in 

Total  Administrative 
other 
associated  costs  (NOT 
reference amount) 

included 

Calculation - Other administrative expenditure not included in reference amount 

17 

Specify the type of committee and the group to which it belongs. 

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