CELEX: 51973PC1818
Language: en
Date: 1973-10-30
Title: PROPOSAL FOR A REGULATION (EEC) OF THE COUNCIL laying down conditions for granting national aid under the common structural policy for seafishing (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (73) 1818
Vol. 1973/0315
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 ---pagebreak--- COMMISSION- OF THE EUROPEAN COMMUNITIES
                                                             COM(73 ) 1818 final
                                                             Brussels , 30 October 1973
                                   PROPOSAL FOR A
                          REGULATION (EEC ) OP THE COUNCIL
              laying down conditions for granting national aid under
                      the common structural policy for scafishing
                   ( submitted to the Council by the Commission)
  COI-:(73 ) 1318 final
 ---pagebreak---                           EXPLANATORY MEMORANDUM
In CoanoiX Regulation No 2141/70         of 20 October 1970 laying down a
common structural policy for the seafishing, the Counoil adopted the prin­
ciple that the granting of national aid should be authorized only in respect
of operations which will contribute to the achievement of the aims set out
in Article 10 of that Regulation , thus furthering the rational development
of the seafishing as part of general economic expansion and social progress .
The Council also provided that common rules laying down conditions for
granting national aid should be adopted in accordance with the procedure
laid dovm in Artiole 43(2 ) of the Treaty .
The object of this proposal of Regulation establishing common rules is : '
a) to specify for which operations aid may be granted by Member States !
b ) to fix the maximum amounts of aid in the form of capital subsidies which
     may be granted by Member States for certain operations where distortion
     of competition could occurj for the other operations no ceiling is fixedf
c ) to lay dovm certain selective technical and economic provisions j.
d) to provide for a derogation, whereby the maximum amounts of aid may be
     exceeded in the case of regions where the' structural conditions : with re­
      gard to the activities in fisheries are particularly unfavourable .
The Commission proposal intends to provide a framework within which in
future national aid in respect of seafishing structure will be granted , it
being understood that :                                                  ;
- any aid departing from or falling sutsidethat framework must be assessed 1
    in the light of the Treaty provisions concerning competition ^
- the granting of aid in accordance with all the provisions of the proposed
   Regulation except for those relating to the maximum amount of State parti­
   cipation constitutes an infringement of the Regulation .
                                                            * • • f• « •
( 1 ) OJ No L 236 of 27.lO.i97O , p. 1 .
 ---pagebreak--- As regards a ), the first operations to be speoified are those relating to the
strio'.ir.'al conversion of fishing fleets and of other means of production , i.e.
the o -'tfiir-rur    -v.d fit+ing out of new vessels | the modernization of
existing v : 33--;X« and tho decommissioning of vessels
                                     and also the construction or modernization
of installations for the breeding of marine products .
The operations noxt specified relate to tLe search for new fishing grounds
and new me^r' s of fishing. As regards ilxe adaptation of marketing conditions
to market re jp,i" sments , the operations specified relate to the installation
cf ship 's equi.pp.ent for conservation and prooessing fish, the installation of
siuilax shore equipment and to research on fish technology .
Finally , as regards the improvement of the standard and conditions ©f living
of population which depends cn seaf ishin ^ for its livelihood , the operations
relating to the vocatioral training, advanced training or retraining of per­
sons employed in this sector.
As regards b ) and c ), the proposal recommends for the purpose of modernizing
firh.ing fleets firstly iiiat different maximum levels of aid should be set
according to the type of fishing involved and secondly that aids may be
increased by a certain aa; ant where the operations in question are under­
taken by members of a recognized producers' organization ..
 By encouraging the commissioning of multi-purpose vessels' we are trying
 to help to diminish the risks of the shipowner and thus also to increase
 productivity .
 It is also intended to differentiate aids which might be granted for
 the -decommissioning of old vessels . -           ,
It has not bean considered necessary to set maximum amounts of aid in the case
of certain operations in the fields of research, the conservation of maritime
resources and of vocational training, advanced training and retraining.
 ---pagebreak---  The proposal goes on to recommend , with respect to shore equipment for con­
 servation and processing fish, that the maximum amount of aid may "be in-
                                                           and their associations
 creased whre the recipients are reoognized producers' organizations/^ since it
 would seem highly important to promote concentration of supplies of fishery
 products , which would , in particular , tend to ensure greater price stability .
As regards d), in order to contribute to regional development , it is pro­
 posed that during a limited period (5 years ) the aid percentages which have
"been fixed may "be increased by not more than 7 points of the actual costs
 incurred if the recipients are established in regions where the structural
              .               /the activities in fisheries
conditions with regard to / • are particularly unfavourable . In this case ,
 the choioe will be determined in the light of the general economio situation
of the regions in question .
 It should be stressed that some of the measures provided for this proposal
may be temporary since provisions relating to aid are to be adopted by the
Council as part of the system of common measures concerning the structure
of the seafishing.
 This Regulation has no financial consequences .
 ---pagebreak---                                         - 4 -
                                  PROPOSAL FOR A
                   REGUIATION ( £20 ) ' OF THE COrïïCIL
         lading down conditions for granting national aid under the common
                       structural policy for seafishing
THE COtJTCIL OP THE EUROPEAN COLilTKITIES ,
Having regard to the Treaty establishing the European Economic Co.nnnini^y ,
and in particular Articles 42 and 43 thereof ;
Having regard to the proposal from the Commission !
Having regard to the Opinion of the European Parliament !
Whereas Article 9 of Regulation ( EEC ) No 2141/70 of 20 October 1970 lciying
                                                           f -\ )
down a common structural policy for the fishing industry A        , provides that
Member States may grant aid in sofar as the operations to which this relates
contribute to the achievement of the aims referred to in Article 10 cf that
Regulation ! whereas the said Article 9 provides for the laying down of condi­
tions for the granting of such aid 5
Whereas , in respect to operations which contribute to increasing the produc­
tivity of fishing vessels and other means of production and to adapting pro­
duction and marketing conditions to marketing requirements , provision should
be made for the recipients of aid to make a major contribution towards the
cost of the operations to which this relates ! whereas a maximum amount should
therefore be fixed fsr the aid in question ! whereas , where tiie recipients are
members of recognized producers' organizations and , in the case of shore equip­
ment , recognized producers' organizations or associations of such organiza­
tions , established to ensure that fishing is carried out along rational lines
and that sales conditions are improved , the amount may be greater! ■
Whereas no exception to this principle may be allowed ! whereas , therefore ,
no aid exceeding the amount in question may be granted !                  . . . ■
                                                           * 4     • • •
( 1 ) 0J Ko L 235 of 27.10.1970 , p. 1
 ---pagebreak--- whereas , moreover, in order to ensure thai: the structural conversion of
fishing fleets is effected in a rational manner , it is necessary to encourage
oertain fishery activities and to ensure that the operation of vessels in
respect of which aid is granted is economically viable? whereas, to this end
it is desirable to provide for different levels of maximum amounts of aid ?
Whereas aid to the seafishing should be granted only in respect of operations
which are economically justified in the long-term? whereas it is necessary to
this end to adopt provisions whereby the vessels or material uannot be dis­
posed of or employed for a purpose other than commercial fishing before the
expiry of a oertain period ?                                          ,       ■,
Whereas , in view of the fast that the objectives of scientific , technical
and eceanographic research in respeot of seafishing and of research on fish
technology are of common interest , it is desirable to provide that Member
States should ensure that, the results of res arch for which national aid has
been granted are open to -all Comounity nationals without discrimination as to
the nationality of the person concerned or to the place where his business
is established ?               '
Whereas , for the purpose of a rational policy for the structure of the sea-
fishing, "the Commission must be informed of whatever national measures are
taken under this Regulation ? •
Whereas the diversity of structural conditions presented by the seafishing
of the Member States makes it advisable to provide during a period of ad­
justment for a possible increase in the amount of aid in those regions where
                  .with regard to the activities in fisheries
the conditions / are particularly unfavourable , account being taken of the
general economic situation of such regions ?
Whereas the provisions of this Regulation make Artiole 9 of Regulation ( EEC )
No 2141/70 nugatory? whereas that Article should therefore be repealed?
Whereas this Regulation must be without prejudice to the provisions of the
Council Directive of 20 July 1972        on aid to shipbuilding { 72/27 3/ESC ) which
provide that Member States must refrain from any discriminatory practice
in respect of shipbuilding?
HAS ADOPTED THIS REGULATION :
   ^                                                       ' ê • •j • 4 9
( l ) OJ No L I69 Of 27.7.1972 , p. 28
 ---pagebreak---                                   Article 1
1.    Member States may grant to produoers in the seafishing aids which relate
to the operations defined in Article 2 to 4 of this Regulation and satisfy
the conditions laid down in Articles 5 "to 10 r
2.    Aids may he in the form of capital subsidies , loans at reduced rates of
interest , interest rate subsidies or guarantees in respeot of loans and of
the interest payable thereon .
                                  Article 2
The operations contributing to increased productivity through restructuring
of fishing fleets and ether means of production, in keeping with technical
progress , and intensification of the search for new fishing grounds and new
methods of fishing, are the following :
A. Restructuring of fishing fleets whose vessels fly the flag of a Member
   State and are registered in Comnunity territory and of other means of pro-i
   duction
   a) the purchase and fitting out of new fishing vessels , including the
       purchase and installation of main engines and auxiliary engines , navi-i
       gational instruments , electronic devices for locating fish , equipment
       for the capture ©f fish , fishing gear and hydraulic winches ;
   b ) the modernization of fishing vessels , in particular by equipping
       vessels with, er replacing, material which will increase efficiency
       and any Pther material which will reduce operating costs or protect
       life at seas
   o ) the decommissiening of fishing vessels which have been in operation for
       not less than fifteen years ?
   d) the consiruction , equipment or modernization ef installations for the
       breeding cf fish or shellfish in salt or brackish water .
 ---pagebreak--- B. The search for new fishing grounds and new methods of fishing
     a) compensation for any losses incurred through intensifying the search
         for new fishing grounds / using experimental fishing gear or new methods
         of fishing;
    ID ) technical / scientific or oceanographic research in respect of fishing!
    c ) installations or material to protect the stock of fish or to assist
         restocking.
                                    Article 3
The operations contributing to the adaptation of production and marketing
conditions to market requirements are the following :
a) the purchase and installation of ship 's equipment for sorting, preparing,
    chilling and freezing , processing and storing catches }
t>) the purchase and installation ®f ship 's equipment for the exploitation of
    fishery by-products?'                     ,
c ) the purchase and installation of sh«re equipment for sorting, preparing,
    ohilling and freezing , processing and storing catches |
d) research on fish technology , particularly as regards conservation, process­
    ing and packaging for the market ."
                                i ■
                                    Article 4   • ■ .
    The operations contributing to the improvement , in step with technical
    progress , of the standard of conditions of living of the population which
    depends on fishing for its livelihood are the following :
 ---pagebreak--- a) the establishment of training and vocational advancement centres con­
     cerned with fishery activities !
fc ) measures relating to the obtaining of qualifications or to the qualifi­
     cations of persons employed in the fishery industry and to any necessary
     retraining should they be compelled to leave fishing, provided that such
     retraining contributes to the attainment of the objectives of Article
     39 ( l ) ( a) of the Treaty .
                                     Article 5
1.     Aid relating to the operations specified in Article 2(A)(a) and A(b )
may not exceed , expressed in terms of capital subsidies , an amount equal to
- in the case . of vessels with fishing gear Other than trawl S and seines ,
    engaged in local fishing :
             : 18 fo of actual costs , duly established?          '
- in the case of vessels engaged in inshore or offshore fishing :
                15 $» of actual costs , duly established , in the case of vessels
                      engaged exclusively in trawling or exclusively in seining,
                18 % of actual oosts , duly established, in the case ©f vessels
                      equipped for various methods of fishingj
- in the case of vessels engaged in highr-sea or deep-sea fishing :
                15 % of actual costs , duly established, in the case of vessels
                      engaged exclusively in trawling or equipped exclusively for
                      tunny fishing,
                18 % of actual costs , duly established, in the case of vessels
                      equipped for various methods of fishing.
2.     Aid relating to the operations specified in Article 2 (A)(c ) may not
exceed i
- 200 units of account per registered ton for the decommissioning of vessels
    engaged in inshore or offshore fishings
 ---pagebreak---                                         - 9 -
  - 100 units of account per gross registered, ton for the decommissioning of
     vessels engaged in high-sea or deep-sea fishing .
  3.       Aids relating to operations coming under Article 2 (A)(d ) may not ex­
  ceed 10 " of the actual casts , duly established .
  4.       The types of fishing referred to in the preceeding paragraphs are
  those defined in the first column of the table given in Article 2(l ) sf
  Commission Regulation (EEC ) Wo 1939/72 ^ of 8 September 1972 on the condi­
  tions and procedures for the recognition of producers' organizations in the
  fishing industry .
                                     Article 6
  Aid relating t® the operations specified in Artiole 3(a), (b ) and (c ) may
  not exceed 15 % of the actual costs , duly established .
                                     Article 7
  If operations coming under Article 2(A)(a), (b ) or ( d ) or Article 3(a), (b )
  or. (c ) are undertaken by producers who are . members of a recognized organiza­
  tion within the meaning ef the- Council Regulation (EEC ) No 2142/70 ^ of
  20 October 1970 on the oommon organizati»n of the market in fishery products ,
  then the percentages fixecL in Articles 5 and 6 may be increased by 5 points
" cf 'the' actual costs incurred. The same shall apply where operations coming
  under Article 2 ( A ) (d) cr Article 3 (c ) are undertaken by recognized produ­
  cers' organizations or by their associations within the meaning of that Regu-
  lation.'"'
                                     Article 8
  Member States shall take all measures necessary to ensure that the vessels *
  eqiiipment and material ' involved in the operations speoified in Article 2 ( A)
  ( a) and (b ) and in Article 3 ( a), (b ) and -(c ) are not disposed of or used for
  purposes other than commercial fishing or activities directly related thereto :
  a) within ten years following the granting of aid in respect of vessels and
       of shore equipmentj
                 \
              ... ....                                                j
                                                                 • • •/ • • •
  ( 1 ) ai No L 207 ef 9.9.1972 , p. 10
  ( 2 ) OJ No L 236 of 27.lO.i97O . p. 5 .
 ---pagebreak---                                        - 10 -
b ) within five years fallowing the granting of aid in respect of ship 's
     equipment,, material and' fishing gearj
c ) "before the repayment date for loans granted on special terms .
However ,. Member States shall permit disposal ©r use for other purposes during
the periods set abeve where the reoipieht of aid has , prior to such disposal
or use . refunded the aid received or the portion already paid .
                                    Article 9
Member States shall ensure , that the . results of the operaticns specified m
Article 2(B ) (b ) and Article 3 ( d ) are ©pen to all Comnnpity nationals without
discrimination as to the nationality of the person concerned or to the place
where his business is established .
                                    Article 10
It may be decided that , during the first five years following the entry into
force of this Regulation , the maximum amounts of aid provided for in Articles
5 , 6 and 7 for recipients established in regions where the structural condi­
tions are particularly unfavourable with regard to the activities in fisheries ,
account being taken of the general ecenomio situation , may be increased by not
more than ^ points .
Rules for the application of this Artiole , particularly a3 regards the operation!
of aid , the maximum amounts of aid and the regions referred to in the, pro­
ceeding paragraph shall be adopted in accordance with the procedure laid dovm
in Article 16 ®f Council Regulation' (EEC ) No 2722/72^ of 19 December 1972
on the financing by the EA.GGF , Guidance Seotisn , of conversion projects in
the salt cod-fishing industry .
                                    Article 11
Member States phall , net less than three months prior to the intended date
of entry into foroe ®f such provisions , inferm the Commission of any draft
provisions which they propose to adept in pursuance of this Regulation ./
                                                              • • •/• • •
( 1 ) OJ No L 291 of 28.12.1972 » p. 30
 ---pagebreak---                                     - 11 -
                                 Article 12
1.    Any aid granted in accordance with this Regulation mast not oontravene
the prohibition laid down in Article 5 of the Council Directive of 20 July
1972 on aid to shipbuilding.
2.    Member States shall inform the Commission of operations carried out
pursuant to this Regulation .
                                 Article 13
Article 9 OF Regulation (EEC ) NO 2141/70 is hereby repealed .
                                 Article 14
This Regulation shall enter into force on
( six months after adoption).
This Regulation shall be binding in its entirety and is directly applicable
in all Member States .
Dono at Brussels ,
                                            For the Counoil .
                                              The President ,