CELEX: 51989PC0152
Language: en
Date: 1989-05-19
Title: AMENDED PROPOSAL FOR A COUNCIL DECISION ON A COMMUNITY FINANCIAL CONTRIBUTION TOWARDS EXPENDITURE INCURRED BY MEMBER STATES FOR THE PURPOSE OF ENSURING RESPECT OF THE COMMUNITY SYSTEM FOR THE CONSERVATION AND MANAGEMENT OF FISHERY RESOURCES

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                  CON (89) 152   final
                                                   Brussels,  19 May 1989
                 AMENDED PROPOSAL FOR A COUNCIL DECISION
  on a Community Financial Contribution towards expenditure incurred by
Member States for the purpose of ensuring respect of the Community system
         for the conservation and management of fishery resources
      (presented by the Commission pursuant to Article 149 (3) of the
         EEC Treaty)
 ---pagebreak---           Amended proposal for a Council Decision on a Community Financial
          Contribution towards expenditure incurred by Member States for
               the purpose of ensuring respect of the Community system
              for the conservation and management of fishery resources
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in
particular Article 43 thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the Parliament (2),
Having regard to the opinion of the Economic and Social Committee (3),
Whereas the common fisheries policy, which guarantees the long-term existence of
fishery stocks and thus employment in this sector, can achieve its objectives only
if its rules are respected absolutely and thus if enforcement is effective;
Whereas the Member States, in ensuring within their fishery zones and on their
territory   the respect of the conservation     and control rules of the Common
Fisheries Policy, are carrying out an obligation of Community interest;
[      -J
Whereas for any given Member State the size of the tssk of enforcement is
unrelated to the budgetary capacity or the relative prosperity of the Member State
and may in certain cases constitute a disproportionate burden;
Whereas it is therefore appropriate to provide for a contribution by the Community
towards certain enforcement expenditure by certain Member States;
Whereas the total Community contribution should remain within the limits of a
budgetary provision of 30 million ecus per annum over an initial period of five
years and the corresponding financial resources will be entered as annual credits
in the general budget of the European Communities _/       •_/;
                                                                        ./.
(1) 0.3. No
(2)
(3)
 ---pagebreak---                                       - 2 -
Whereas, however, any such contribution should be conditional on the
attainment by the Member States which are beneficiaries of a satisfactory
standard of enforcement both at ses and on land;
Whereas enforcement is a permanent task and whereas a Community contribution
should therefore be provided on a long term basis,
HAS ADOPTED THIS DECISION:
                                   Article 1
1. The Community shall participate subject to the conditions laid down in the
   Annex in financing expenditure incurred by Member States in enforcing the
   Community arrangements for the conservation and management of fishery
   resources.
2. The Community participation shall relate to eligible expenditure incurred
   by Member States from 1 January 1990 to 31 December 1994.
3. For any Member State in any year, the Community contribution shall not be
   lower than_ 30% or higher than 503» of the eligible expenditure.
4. [_       • / The Community may grant advances up to a maximum of 50% of its
   contribution.
5. The Council, acting in accordance with the procedure laid down in
   Article 43 of the Treaty and on the basis of a Commission report on the
   working of this Decision, shall decide before 30 June 1994 on the
   arrangements for Community participation which might apply from
   1 January 1995.
                                   Article 2
1. Member States wishing to benefit from Community participation in financing
   expenditure shall forward to the Commission, on the first occasion by
   31 December 1989 and subsequently by 30 September of each year, a schedule
   containing the information specified in paragraph 2 of the Annex.
                                                                    ./.
 ---pagebreak---                                       - 3 -
2. The Commission shall decide, on the first occasion by 30 June 1990 and
   subsequently by 31 March of each year, in accordance with the procedure
   laid down in Article 14 of Regulation        (EEC) No 170/83 establishing a
   Community system for the conservation and management of fishery resources
   (1), on the Community participation, the eligibility of expenditure and
   any conditions to which the latter may be subject.
3. The  European  Parliament   and   the   Council   shall   be   informed   by  the
                                                                    1
   Commission, by 31 March of the year following the latter s decision, of
   any   action  undertaken   in   accordance    with   this    decision   and   any
   improvements  in  the  supervision    of  fishing   activities     by the  Member
   States.
                                     Article 3
This Decision is addressed to the Member States.
Done at Brussels,
                                                       For the Council,
                                                        The President
(1) O.J. No L 24, 27.01.1983, p. 1
 ---pagebreak---                                      ANNEX
1. The eligible expenditure of Member States may relate to the acquisition
   or modernisation of:
   -  vessels, aircraft and land vehicles employed in the monitoring and
      supervision of fishing activities, including their equipment;
   -  systems   for  the   detection  and  recording  of  fishing   activities
      (including equipment installed on fishing vessels);
   -  systems (including land-based systems) for recording and transmitting
      catch data and other relevant information.
2. The schedule referred to in Article 2(1) shall state the expenditure
   falling under paragraph 1 envisaged for the following year.       It shall
   specify in particular:
   -   the technical features and cost of the equipment and the method of
      payment envisaged;
   -  the use planned for the equipment, including the date of entry into
      service;
   -  in the case of vessels or aircraft or equipment to be installed on
      vessels or aircraft, the proposed     programme of operations for the
      monitoring and supervision of fishing activities by such vessels or
      aircraft.
Member States shall give a precise account of their present organisation,
activities, problems and achievements in the field of fisheries enforcement
at sea and on land and explain how the expenditure envisaged will improve
performance•
To this end, the Member States shall set specific objectives, in accordance
with their own priorities.
                                                                   ./.
 ---pagebreak---                                       - 2 -
3. The Commission shall consider each Member State's application by reference
   to the following criteria in particular:
   -  in the case of expenditure on vessels, aircraft or land vehicles, the
      amount of time which they will devote to fisheries enforcement;
   -  the approximate relative size of the enforcement task of the Member
      State on land and at sea, having regard in particular to the volume of
      fishing activity in its fishery zone, the extent of the latter, the
      number and the volume of landings in its ports, the length of its
      coastline, the number of its fishing ports and the pattern of activity
      of its fleet;
   -  the budgetary capacity and prosperity of the Member State;
   -  the ratio of total expenditure on enforcement for sea fisheries to the
      gross national product and budget of the Member State concerned;
   -  the use made by a Member State of any financial aid given under this
      Decision in any previous yesr;
   -/           J
   -  the   improvement   in  the  Member   State's   performance   in   fisheries
      enforcement at sea and on land in the period preceding the application
      and the improvement likely to result from the expenditure envisaged.
4. In considering a Member State's enforcement       performance the Commission
   shall have regard to the following considerations in particular:
   -  the prevention, discovery     and pursuit   of infringements against     the
      conservation and control rules;
   -  the presence in the national legislation of sufficiently         dissuasive
      sanctions in respect of such infringements;
   -  the list of sanctions imposed by the Member State concerned during the
      past three years;
   -  the reliablility of the catch figures forwarded by the Member State to
      the  Commission   and  the  Member  State's   success   in  preventing   the
      overfishing of its quotas;
   -  the amount and the efficacy of the human and material resources devoted
      by the Member State to fisheries enforcement;
                                                                       ./.
                                                                                   Ç
 ---pagebreak---                                             - 3 -
       the diversity of the fishing activity in its fishery zone;
       the degree of cooperation in fisheries enforcement between the Member State
       and other Member States and the Commission;
       in   appropriate   cases,   the    Member   State's   contribution   to   fisheries
       enforcement   in areas governed by      international   Conventions to which the
       Community  is a Contracting Party and the scale and effectiveness of this
       enforcement.
5. The reimbursement of expenditure and the payment of advances shall be made only
   if the provisions of the Directives coordinsting procedures for the award of
   public works and supply contracts have been complied with, in the sense that
   the certificates for payment must make reference to the notices on the award of
   public    contracts,   published    in   the   Official    Journal  of   the   European
   Communities.    In esse of non-publication of the notices in the Official Journal
   of the European Communities, the beneficiary          shall certify that the public
   contracts have been swarded in conformity with Community legislation.
   The Commission may request any information which it considers necessary for
   judging whether Community legislation on public contracts has been respected.
6. Member States shall supply the Commission with any information which it may
   request for the performance of its duties under this Decision.
   Should   the  Commission   consider   that   monitoring   and  supervision   facilities
   partially financed by the Community under this Decision sre not being used for
   the intended purpose or in accordance with the conditions defined under this
   Decision, it shall so inform the Member State concerned.             The Member   State
   shall then conduct sn administrative inquiry in which officials appointed by
   the Commission for this purpose shall participate.            The Member State shall
   inform the Commission of the progress and results of the inquiry end provide
   the Commission with a copy of the report of the inquiry and the main points
   used in the preparation of the report.
                                                                          ./.
 ---pagebreak---                                         - 4 -
   The Commission may carry out checks on the fulfilment of their duties under
   this  Decision  by  the Member   States, which  shall  be required  to provide
   assistance to the staff appointed by the Commission for this purpose.
   The provisions of this paragraph shall be without prejudice to Article 12 of
   Regulation (EEC) No 2241/87 estsblishing certain control measures for fishing
   activities (1).
(1) O.J. No L 207, 29.07.1987, p. 1
                                                                                ?
 ---pagebreak---  ---pagebreak--- Commission of the European Communities
COM(89) 152 final
Amended proposal for a
COUNCIL DECISION
on a Community financial contribution towards expenditure incurred by
Member States for the purpose of ensuring respect of the Community
system for the conservation and management of fishery resources
(presented by the Commission pursuant to Article 149(3) of the EEC
Treaty)
 19.5.1989
Office for Official Publications of the European Communities
L - 2985 Luxembourg
Series: DOCUMENTS
 1989 - 8 pp. - Format: 21.0 x 29.7 cm
EN
ISSN 0254-1475
ISBN 92-77-49694-0
Catalogue number: CB-CO-89-197-EN-C
 ---pagebreak---                                            ISSN 0254-1475
COM(89) 152 final
 DOCUMENTS
Amended proposal for a
COUNCIL DECISION
on a Community financial contribution towards
expenditure incurred by Member States for the
purpose of ensuring respect of the Community
system for the conservation and management of
fishery resources
(presented by the Commission pursuant to
Article 149(3) of the EEC Treaty)
04                                       19.5.1989
Catalogue number: CB-CO-89-197-EN-C
ISBN 92-77-49694-0
€
COMMISSION OF THE EUROPEAN COMMUNITIES