CELEX: 51993PC0546
Language: en
Date: 1993-11-10
Title: Proposal for a COUNCIL DECISION amending Decision 89/631/EEC on a Community financial contribution towards expenditure incurred by the Member States for the purpose of ensuring compliance with the Community system for the conservation and management of fishery resources

COMMISSION OF THE EUROPEAN COMMUNITIES
                                             C0MC93)  546final
                                             Brussels, 10 November 1993
                            Proposal for a
                           COUNCIL DFCI§ I ON
         amending Decision 89/631/EEC on a community financial
    contribution towards expenditure incurred by the Member States
   for the purpose of ensuring compliance with the community system
       for the conservation and management of fishery resources
                    (presented by the Commission)
 ---pagebreak---                                               A
                                    EXPLANATORY MEMORANDUM
In the course of the debate within the Community                 institutions on the 1991
Report      on    the  common   fisheries   policy^-)   and    the  Report   on  monitoring
                                                         2
implementation of the common fisheries policy( ), it was felt that the use of
satellites and/or automatic data recorders logging the position of fishing
vessels might both significantly improve control of fishery activities and
serve     to    introduce   greater   flexibility   into   the   regulation  of   access    to
resources. Pending a decision on the introduction of such systems, Article 3
of Council Regulation          (EEC) No 2847/93 of      12 October    1993 establishing a
control system applicable to the common fisheries policy(3) provides for the
implementation of pilot projects by Member States before 30 June 1995.
When the said Regulation was adopted, several statements were entered in the
Council      minutes. The     commission   and   the  Council    declared  that   the   pilot
projects should be wholly financed by the community budget within an overall
allocation of ECU 10 million: funding for projects involving                  large vessels
would be given priority.
The Council then declared that the commission's proposals on Community funding
should take into account the pilot projects carried out in the period from
 1 June     1994 to 1 June       1995. in addition, the commission declared on this
occasion that the general rules and principles of the Community budget should
 be respected with regard to any financial contribution by the community to the
 expenses incurred by Member States for fishery control.
 Given the above, this proposal provides for an amendment to Council Decision
 89/631/EEC on a community financial contribution to expenditure incurred by
 the     Member       states   for    the    purpose   of     ensuring    compliance      with
 (1)         SEC(91) 2288 final, 4.12.1991.
 (2)        SEC(92) 394 final, 6.3.1992.                                              ,./
 (3) OJ No L 261, 20.10.1993, p. 1
TRAD/450.93/en/vk
 ---pagebreak---                                              - 2 -
 the Community system of conservation and management of fishery resources. In
 the    light     of  the  statements  referred   to  above, it   is proposed  that  the
 Community, by way of an exception, should meet 100% of eligible costs incurred
 by the Member states in implementing the pilot projects referred to Article 3
 of the said Regulation in the period from 1 June 1994 to 1 June 1995, subject
 to certain conditions.
 when taking its annual decisions on applications from Member states based on
 the    said     Decision,   the  Commission   will  ensure  that  the  total  Community
 financial contribution to the expenditure associated with the pilot projects
 carried      out   in the stated period     remains within   the budget allocation of
 ECU 10 million.
 The Community budget currently includes an annual figure of ECU 22 millions
 earmarked for the Community's financial contribution under the terms of the
 said     Decision.     If  necessary,  the   Commission  will  reduce  the  Community's
 financial        contribution    towards   expenditure   listed   in  the   traditional
 applications pursuant to Article 1 of the said Decision in order to reserve
 funding for the pilot projects.
 In the light of the foregoing, it is proposed that the Council approve this
 proposal      sufficiently quickly     so that the formal arrangements may be made
 providing for funding from the Community budget for pilot projects undertaken
 by the Member States in accordance with Article 3 of the said Regulation.
TRAD/450.93/en/vk
 ---pagebreak---                                                  COUNCIL DECISION
                                       of              1993
                   amending Decision 89/631/EEC on a Community financial
            contribution towards expenditure incurred by the Member states
           for the purpose of ensuring compliance with 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,
Having regard to the opinion of the European Parliament(1),
Having regard to the opinion of the Economic and Social committee(2),
Whereas      the     use  of  satellite   and/or   automatic   data   recorder   systems  for
locating       the position     of  fishing vessels     can contribute    to a    significant
improvement in the monitoring function which Member states are required to
fulfil in the Community interest; whereas the Council is to decide before
 1 January         1996   on   the   introduction    of   such    systems,    following   the
implementation by Member States, before 30 June 1995, of pilot projects for
certain types of community fishing vessels, as provided for in Article 3 of
Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control
 system applicable to the common fisheries policy(3);
whereas it is important to contribute at Community level to the implementation
 of the pilot projects by the Member States in accordance with the conditions
 laid    down     in Article    3 of    the  said  Regulation; whereas      it  is  therefore
 necessary        to   provide,  by   way   of  exception,   for   an   increased   Community
 contribution to the eligible expenditure              incurred by the Member States to
carry out these projects during a limited period ending on the date provided
 for    in    that    Article   and   also   to  lay  down   corresponding     administrative
deadlines;
 (1)
 <2>                                                                                  ../
 (3) OJ No L 261, 20.10.1993, p, 1
TRAD/450.93/sn/vk
 ---pagebreak---                                          .if
Whereas, therefore, it is necessary to amend Council Decision (89/631/EEC) of
27 November       1989 on a Community financial contribution towards expenditure
incurred by Member states for the purpose of ensuring compliance with the
Community system for the conservation and management of fishery resources^),
last amended by Decision (92/393/EEC)(5),
HAS ADOPTED THIS DECISION:
                                       Article 1
Decision 89/631/EEC is amended as follows:
1. The following Articles are added:
Article 2a
 1. However, the community shall, by way of an exception, meet 100% of the
     eligible     expenditure incurred   by   Member states   for   the purpose  of
     implementing pilot projects relating to the use of position-logging systems
     using satellites and/or automatic data recorders, as referred to in Article
     3 of council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a
     system of control applicable to the common fisheries policy.
2. The eligible expenditure of the Member states shall relate to the funding
     of the implementation of pilot projects within the meaning of paragraph 1
     in the period 1 June 1994 to 1 June 1995 under the conditions set out in
     Annex II.
Article 2b
 1. Member States wishing      to benefit    from a Community  contribution  to the
     financing of their expenditure pursuant to Article 2a shall forward to the
     Commission, on the first occasion before 31 January        1994 and thereafter
     before 31 December 1994, a schedule containing the information specified in
     paragraph 2 of Annex II.
(4)         OJ No L 364, 14.12.1989, p. 64.                                 ../
(5)         OJ No L 213, 27.7.1992, p. 35.
TRAD/450.93/en/vk
 ---pagebreak---                                                f
2. The commission shall decide, on the first occasion before 31 March 1994 and
     thereafter before 1 March 1995, in accordance with the procedure laid down
     in Article 18 of council Regulation           (EEC) No 3760/92 of 20 December 1992
     establishing       a common  system   for   fisheries   and   aquaculture(*> ),  on  the
     Community      contribution   to  the  expenditure    pursuant    to Article    2a, the
     eligibility of expenditure and any conditions to which the contribution may
     be subject."
                                           Article 2
An    Annex      II  is  added  to   Decision   89/631/EEC    laying   down  the    financing
conditions referred to in Article 2a thereof.
                                           Article 3
This Decision is addressed to the Member states.
Done at                                                          For the Council
                                                                 The President
                                                                                      ../
 (6)        OJ No L 389, 31.12.1992, p. 1
TRAD/450,93/en/vk
 ---pagebreak---                                        ANNEX II
1.    The eligible expenditure of Member States referred to in Article 2a(l) and
       (2) relates to the funding of:
   - pilot projects involving a system of position-monitoring using satellites;
   - pilot projects involving a system of position-logging using automatic data
      recorders.
2.    The schedule referred to in Article 2b(l),       shall list the expenditure
      referred to at 1 above. It shall specify in particular:
   - a list of the vessels and their technical specifications to be equipped as
      part of the pilot projects referred to at 1 above;
   - the technical specifications of the equipment:
      - to be installed on vessels participating in a pilot project;
       - designed   for the recording   at a land-based   centre  and  in computer-
         readable form of information transmitted or collected by fishing vessels
          in whatever waters they are operating or whatever port they are in;
      - designed    to  enable   the  flag  Member state,   under  the   cooperation
          arrangements between Member states and the Commission, to communicate
          information  about  its  vessels immediately  and  automatically   to  the
         competent authorities of the Member state in whose waters these fishing
         vessels are operating;
                                                                             ../
TRAD/450.93/«n/vk
 ---pagebreak---                                            f-
   - in the context of applying a system of automatic recording of a vessel's
      position, the assurances given by the Member State as to the introduction
      of a procedure for collecting catch data and storing them centrally on
      computer;
   - the cost of this equipment and the method of payment envisaged;
   - the operational costs associated with the introduction of this equipment;
   - the timetable for the planned expenditure.
3.    The Commission shall consider each Member State's application by reference
      to the following criteria in particular:
    - the number of vessels over 17 metres in length which, for each Member
       State, must be at least equal to the number of vessels over 50 metres in
       length if this number is greater than 10, otherwise greater than or equal
       to 10;
    - complementary      pilot projects which concentrate on fishing  fleets whose
       activities are subject to fishing restrictions;
    - pilot projects involving large vessels.
 4.    Member     states shall submit their applications  for reimbursement  before
       30 September 1995.
       The reimbursement of expenditure and the payment of advances shall take
       place only where the provisions of the Directives coordinating procedures
       for the award of public works and supply contracts have been complied
       with, in the sense that certificates of payment must make reference to the
                                                                            .-/
TRAD/450.93/en/vk
 ---pagebreak---    notices of the award of public contracts as published in tb© officiel
   Journal of the European Communities. Where notices have not been published
   in the official Journal of the European communities, the beneficiary shall
   certify that the public contracts have been awarded 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 complied
   with.
5. Member states shall supply the Commission with any information which it may
   request for the performance of its duties under this Decision.
   Each Member State shall, before 31 August 1995, supply the Commission with
   a report evaluating the implementation of the pilot project or projects
   financed by the Community pursuant to this Decision.
   The provisions of this paragraph shall be without prejudice to Article 29
   of Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a
   control system applicable to the common fisheries policy.
 ---pagebreak---                                                  3
                                          FINANCIAL STATEMENT
           1. Title of operation
               Financial contribution to monitoring and surveillance activities in the
               maritime waters of certain Member states.
          2. Budget heading involved
               B2.921.
          3. Legal basis
               Article 43 of the Treaty; Council Decision 89/631/EEC.
           4„ Description of operation
                Council   Decision   89/631/EEC  provides   for  a  Community   financial
               contribution to expenditure incurred by the Member States to ensure
                compliance with the community system for the conservation and management
                of fishery resources. The eligible expenditure may relate to the
                acquisition or modernization of ships, aircraft and land vehicles and
                their equipment, location systems and systems for recording and
                transmitting catch data. The community contributes up to 50% of the
                eligible expenditure per Member State per year.
                The aim of this proposal to amend the said Decision is, by way of an
                exception, to increase the financial contribution to pilot projects
                relating to the use of satellites and/or automatic data recorders logging
                the position of fishing vessels. The purpose of this proposal is _to_carry
                out, in all the Member States, an evaluation of satellite tracking
                technologies for monitoring fishing activities, in order to prepare a
                Council decision concerning their application. The council has committed
                itself to deciding on the matter by 1 January 1996.
           5. Classification of expenditure
                5.1   Compulsory
                5.2   Differentiated
           6. Type of expenditure
                Subsidy in the form of reimbursement of, in principle, up to 50% of
                eligible expenditure incurred by the Member States and, exceptionally,
                100% as provided for in this proposal. Possibility of granting advances.
                The types of expenditure eligible are those listed in Annexes I and la to
                Decision 89/631/EEC.
TRAD/450.93.1/en/vk
 ---pagebreak---           7. FINANCIAL IMPLICATIONS
          7.1.      Method of calculation of the total cost of the measure
                    The Council decided in 1989 (Decision 89/631/EEC) to allocate a budget
                    of ECU 110 million over a period of five years to support the purchase
                    by Member states of equipment connected with the monitoring of fishing
                    activities, the Community contribution being limited to a maximum of
                    50 %.
                    Within this five-year allocation, the annual amount is fixed by a
                   ,Commi s s ion decision.
                    While remaining within this budget allocation, the Council and the
                    Commission have agreed that the total Community financial contribution
                    to these pilot projects must not exceed ECU 10 million for projects to
                    be carried out during the period 1 June 1994 to 01 June 1995*
          7.2.      Breakdown of the measure by category of expenditure
                           CATEGORY              93 BUDGET      94 PDB        % CHANGE
                 Financial contribution
                 - towards purchase of
                     monitoring equipment             22           15           - 32%
                 -   towards pilot projects            0            7
                       TOTAL                          22           22
          7.3.       Operational expenditure   on   studies, meetings   of  experts,  etc
                     included in Part B
                           CATEGORY              93 BUDGET      94 PDB       % CHANGE
                     studies
                 -   Meetings of experts
                 -   Conferences, congresses
                -    Information and
                     publications
                       TOTAL
                The nature of this heading excludes transfers in Part B,
»AD/450.93.1/*n/vk
 ---pagebreak---                                                      -s-
           7.4.      Indicative    schedule    for    commitment     appropriations  (for   the
                     multiannual measures covered by estimated requirements)
                                                                     [million ECU'
              Aggregate                               INDICATIVE PROGRAMMING
              at end           1993       1994
              1992 (1)        BUDGET      PDB     1995     1996    1997    1998 and
                                                                          following
                                                                          fin. yrs
                   57.9        22.0       22.0    22.0
                                          (2)     (2)
           (1)       Including execution      of   1991   and   1992   mini-budgets charged  to
                     subsection B8 (2).
           (2)       of which 1994: 7 MECU/1995: 3 MECU for pilot products
           *)        To be determined when a new Council decision is adopted (deadline:
                     30 June 1995).
                     Estimated amount required: ECU 22/year
                     Period of application: 1991 - 1995.
           8.        FRAUD PREVENTION MEASURES CONTAINED IN THE PROPOSAL
                     The proposal relates to a financial contribution towards expenditure
                     incurred by the fisheries control authorities in the Member States.
                      It is therefore up to the Member States first and foremost to prevent
                     any fraud against the national authorities.
                     The Member states are also required to supply the Commission with any
                      information (invoices and other supporting documents) it may request
                      from them in its execution of the tasks assigned to it by this
                     Decision.
                     The community    inspectors may check on the implementation of pilot
                     projects on the spot.
           9.        ELEMENTS OF COST-EFFECTIVENESS ANALYSIS
            1.       Objectives and coherence with financial programming
           9.1.      Each Member State is responsible for enforcing the CFP on its
                     territory and in its maritime waters. In th is context, the main
                     objective of the measure is to promote the development of modern
                     monitoring and control techniques in the Member states to make this
                     control more effective and more economical, which is a determining
                     factor in ensuring the success of the common fisheries policy.
TRAD/4 50.93.1/en/vk
 ---pagebreak---                                                -\t-
       9.2.      Justification of the measure
                 A Community contribution to Member States' expenditure is just4 fie,'
                 above all by the disparity that can exist between a Member State's
                 monitoring responsibilities (for example because of the size of its
                 fishing zone) and its physical ability to fulfil them (population
                 size, level of prosperity, etc.).
                 To encourage the Member States to use modern methods within the
                 framework of pilot projects to be carried out during the period 1 June
                 1994 to 30 June 1995, it is necessary for the community to finance
                 this measure which should promote a better cost-effectiveness ratio. A
                 system based on the use of satellites so that the position, speed and
                 course of the fishing vessels concerned can be monitored at all times
                 would make it possible to keep a closer watch on all the activities of
                 these vessels and, more particularly, to assign inspection vessels and
                 aircraft to a better targeted pursuit.
                    In this way, the application of modern methods would enable the
                    competent authorities to save on traditional equipment for, among
                    other things, inspections at sea.
                    The more generalized application of modern communications and catch
                    recording technologies would be likely to improve the effectiveness
                    of surveillance and monitoring systems both at sea and in ports.
       9.3.      Monitoring and assessment of the measure
                 The Commission will be able to ensure that the measure is properly
                 monitored on the basis of the supporting documents supplied by the
                 Member States and by means of inspections on the spot by its own
                 inspectors.
                 The Commission included a special report on expenditure under Decision
                 89/631/EEC in the report on monitoring implementation of the common
                 fisheries policy (SEC(92) 394 final of 6 March 1992) which it sent to
                 the Council and the European Parliament. Another report is to be
                 produced pursuant to the entry into force of the Regulation
                 establishing a control system applicable to the CFP (OJ NO L 261,
                 20.10.1993, p. 1 ) .
•/450.93.1/«n/vk
 ---pagebreak---                                                  li
                                                                     ISSN 0254-1475
                                                              COM(93) 546 final
                                                      DOCUMENTS
EN                                                                              03
                                 Catalogue number : CB-CO-93-581-EN-C
                                                             ISBN 92-77-60674-6
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