CELEX: 51986PC0446
Language: en
Date: 1986-09-15
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) ON COMMUNITY MEASURES TO IMPROVE AND ADAPT STRUCTURES IN THE FISHERIES AND AQUACULTURE SECTORS

5.11.86                                 Official Journal of the European Communities                               No C 279/3
                                                               II
                                                        (Preparatory Acts)
                                                 COMMISSION
             Proposal for a Council Regulation on Community measures to improve and adapt structures in
                                             the fisheries and aquaculture sectors
                                                    COM(86) Min 446 final
                             (Submitted by the Commission to the Council on 18 September 1986)
                                                         (86/C 279/04)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                            Whereas experience has shown the value of bringing the
                                                                    various structural measures together within a single
                                                                    legislative framework applicable for a sufficiently long
Having regard to the Treaty establishing the European
                                                                    period for the establishment of a stable and durable
Economic Community, and in particular Articles 42 and
                                                                    policy; whereas, therefore, provision should also be
43 thereof,
                                                                    made so that such measures can receive Community
                                                                    financial assistance within the framework of a multi-
Having regard to the Act of Accession of Spain and                  annual budget allocation;
Portugal, and in particular Article 155 thereof,
                                                                    Whereas the basic guidelines of the new structural policy
Having regard to the proposal from the Commission,                  for the fisheries sector must not only take account of the
                                                                    results achieved and the experience gained in the past but
Having regard to the opinion of the European Par-                   must also be defined in terms of the new circumstances
liament,                                                            obtaining in the sector, which has become more
                                                                    important following the accession of Spain and Portugal
                                                                    to the Community; whereas, in view of this new
Whereas the common measure for restructuring,                       situation, the structural policy must be primarily
modernizing and developing the fishing industry and for             concerned with the balanced exploitation of internal
developing aquaculture, introduced by Council Regu-                 resources in Community waters; whereas, moreover,
lation (EEC) No 2908/83 (*), as amended by Regulation               since the Community has a deficit in fish products, it
(EEC) No 3733/85 (2), the measures to encourage                     must endeavour to find new sources of supply, in
exploratory fishing and cooperation through joint                   particular by increasing its fishing possibilities and by
ventures in the fishing sector, introduced by Council               extending its activities in the aquaculture sector;
Regulation (EEC) No 2909/83 (3), as amended by Regu-                whereas, moreover, in line with the provisions of Article
lation 3727/85 (4), and the measures to adjust capacity in          39 (2) of the Treaty, the structural policy must take
the fishing sector, introduced by Council Directive                 broad account of the economic and social environment
83/515/EEC (5), as amended by Directive 85/590/                     in the fishing industry and must be capable of
EEC (6), expire at the end of 1986;                                 adjustment, where necessary, in the light of the diversity
                                                                    or seriousness of certain structural problems at regional
Whereas the continued improvement of the structural                 level;
situation in the sector is indispensible for the
development of a common fisheries policy and thus
constitutes one means of achieving in this sector the aims          Whereas the considerations outlined above and the
of Article 39 (1) (a), (b) and (d) of the Treaty; whereas,          operating conditions in the sector mean that any
therefore, the structural measures to bring about such              structural policy organized at Community level and
improvement must be based on a Community approach                   supported with public funds should be pursued with a
and on Community criteria;                                          view to ensuring the proper functioning of the common
                                                                    fisheries policy as a whole; whereas, however, this
                                                                    support could be more effective if provision were made
                                                                    for forms of financing more suited to the various specific
O OJ No L 290, 22. 10. 1983, p. 1.                                  situations within the sector and facilitating the access of
O OJ No L 361, 31. 12. 1985, p. 78.                                 operators to investment capital whilst improving the
O OJ No L 290, 22. 10. 1983, p. 9.                                  economic reliability of undertakings; whereas, moreover,
(*) OJ No L 361, 31. 12. 1985, p. 56.                               such new forms of aid would strengthen the impact of
(*) OJ No L 290, 22. 10. 1983, p. 15.                               Community measures and should therefore be given
(6) OJ No L 372, 31. 12. 1985, p. 49.                               priority;
 ---pagebreak--- No C 279/4                             Official Journal of the European Communities                                   5.11.86
Whereas structural measures must as far as possible be            Whereas, to improve the ways in which fisheries
implemented within the framework of multiannual                   products are produced, landed and offered for sale, it is
guidance programmes ensuring, in respect of each                  necessary to widen the scope of the measures introduced
Member State, that the Community measures are                     by Council Regulation (EEC) No 355/77 of 15 February
consistent with national measures and that the latter are         1977 on common measures to improve the conditions
compatible with the objectives of the common policy;              under which agricultural and fishery products are
whereas such programmes must include an in-depth                  processed and marketed ('), as last amended by Regu-
analysis of the situation in each Member State, so that           lation (EEC) N o 3827/85 (2), and thus provide specific
the Commission can assess the overall structural situation        aid for investments in facilities at fishing ports; whereas
at the outset, and forecasts for the development of               such investments must be made as part of an overall
production capacity in the medium term; whereas it must           project covering the entire fishing port concerned;
be possible for the Commission to alter its assessment            whereas such projects must primarily be financed under
during the course of the programme's implementation to            Regulation (EEC) No 355/77; whereas special proce-
take account of actual structural developments in each            dural provisions are necessary for this purposes;
Member State; whereas, to this end, Member States must
be required to provide the Commission with all the
necessary data and to take all the steps necessary to
ensure that the implementation of programmes can be               Whereas measures are required to promote the
monitored;                                                        consumption of products derived from surplus or
                                                                  underfished species; whereas, for this purpose, provision
                                                                  should be made for direct Community aid for collective
                                                                  projects in this field;
Whereas, to reduce the economic insecurity of
fishermen, the Community fleets must continue to be
restructured, undergoing economically           appropriate
renewal or modernization in line with the actual catch            Whereas certain regional or sectoral situations may
possibilities in Community and non-Community waters,              necessitate the implementation of specific measures for
                                                                  which no provision has yet been made; whereas, to this
to ensure the optimum long-term productivity of these
                                                                  end, provision must be made for a flexible procedure so
fleets and to enhance the economic viability of under-
                                                                  that such specific measures can be rapidly adopted;
takings ;
                                                                  whereas such measures should be consistent, in the
                                                                  regions in which they are implemented, with the other
                                                                  Community structural measures applicable outside the
                                                                  fisheries sector;
Whereas experience has shown that the development of
aquaculture has helped to improve the position as
regards the supply of fish products; whereas, therefore,
further encouragement should be given to this sector;             Whereas, to ensure maximum transparency in the
                                                                  management           of    all these   structural measures,
                                                                  administrative constraints should be reduced and proce-
                                                                  dures should be simplified;
Whereas coastal areas should be protected by the
provision of artificial structures to facilitate restocking
and, once fishing has been halted for a certain period, to
ensure optimum exploitation of such zones;                        Whereas measures must be taken to prevent and to
                                                                  prosecute any irregularities and to recover the sums lost
                                                                  as a result of any such irregularity or of negligence;
                                                                  suspended, reduced or discontinued;
Whereas no stable balance can exist between fishing
capacity and the fish stocks available; whereas steps must
therefore be taken to eliminate excess fishing capacity;          Whereas thorough checks must be made on Community
whereas, to this end, provision should be made for                expenditure; whereas, in addition to the checks which
Community assistance for schemes to encourage the                 Member States make on their own behalf and which will
temporary or permanent withdrawal of vessels from                 continue to be essential, provision should be made so
fishing activities;                                               that Commission staff can verify expenditure and so that
                                                                  the Commission has the option of calling on the services
                                                                  of the Member States;
Whereas it is also necessary to maintain or even improve
fishing possibilities outside the waters covered by the
Community legislation on fishing; whereas this objective
may be achieved by direct Community aid for                       (>) O J N o L 5 1 , 23. 2. 1977, p. 1.
exploratory fishing projects or temporary joint ventures;         O OJ No L 372, 31. 12. 1985, p. 1.
 ---pagebreak--- 5.11.86                                   Official Journal of the European Communities                              No C 279/5
Whereas provision should be made for the adjustment of               statement of the means necessary for attaining them, as a
certain criteria in accordance with the simplified                   guide for the development of the fisheries sector in the
procedure so that they can be brought closer into line               overall long-term context.
with developments in a situation which is very subject to
fluctuations;
                                                                     2.     Programmes must be particularly designed:
Whereas the transition to the arrangements laid down in              (a) to establish a viable fishing fleet in line with the
this Regulation must be as smooth as possible; whereas,                   economic and social needs of the regions concerned
therefore, provision should be made so that the appro-                    and the foreseeable catch potential in the medium
priate measures can be adopted by a rapid procedure                       term;
subject to a time limit,
                                                                     (b) to adjust fishing activities to changes in consumer
HAS ADOPTED THIS REGULATION:                                              demand and to provide regular supplies for the
                                                                          market;
                          Article 1                                  (c) to take account of the socio-economic consequences
                                                                          and the regional impact of certain measures relating
1.     In order to facilitate structural change in the                    to the adjustment of capacities;
fisheries sector within the guidelines of the common
fisheries policy, the Commission may, subject to the
                                                                     (d) to develop technically viable and profitable facilities
conditions laid down in this Regulation, grant financial
                                                                          for the farming of fish, crustaceans or mulluscs.
aid for measures of the followings types:
(a) the restructuring, renewal and modernization of the              3.     Programmes must cover the entire sector in the
     fishing fleet;                                                  Member State concerned and must include at least the
                                                                     information listed in Annex 1.
(b) the     development       of   aquaculture       and    the
     establishment of protected marine areas with a view             4.     The Commission, acting in accordance with the
     to improved management of inshore fishing grounds;              procedure laid down in Article 49, may amend Annex 1.
(c) the reorientation of fishing activities by means of
     exploratory fishing voyages and temporary joint                                            Article 3
     ventures;
                                                                      1.    Within three months of application of this Regu-
 (d) the adjustment of fishing capacity by the temporary             lation, Member States shall forward to the Commission a
     or permanent withdrawal of certain vessels from                 programme concerning their fishing fleet and a
     fishing activities;                                             programme concerning aquaculture and the provision of
                                                                     protected marine areas.
 (e) the provision of facilities at fishing ports with a view
     to improving the conditions in which products are
                                                                      2.    The programmes referred to in paragraph 1 shall
     obtained and landed;
                                                                      cover the period from 1 January 1987 to 31 December
                                                                      1991.
 (f) the search for new outlets for products derived from
     surplus or underfished species.
                                                                      3.    Not later than eight months before the expiry of
 2.    The measures specified in paragraph 1 (a), (b) and             the programmes referred to in paragraph 1, Member
 (d) must form part of the multiannual guidance                       States shall forward to the Commission new programmes
 programmes referred to in Title I.                                   covering the period from 1 January 1992 to 31
                                                                      December 1996.
 3.     The measure specified in paragraph 1 (e) must form
 part of the specific programmes referred to in Article 2                                       Article 4
 of Regulation (EEC) No 355/77.
                                                                       1.   At the request   of the Commission, the Member
                                                                      State to which a       programme relates shall provide
                           TITLE I                                    additional data for    assessment in the context of the
                                                                      information required  under Article 2.
              Multiannual guidance programmes
                                                                      2.    The Commission shall consider whether having
                           Article 2                                  regard to foreseeable developments in fishery resources
                                                                      and the market for fisheries and aquaculture products
  1.    For the purposes of this Regulation, 'multiannual             and having regard to the measures adopted under the
 guidance programme' (hereinafter referred to as                      common fisheries policy and the guidelines for that
 'programme') means a set of objectives, together with a              policy, programmes fulfil the conditions laid down in
 ---pagebreak--- No C 279/6                              Official Journal of the European Communities                                     5.11.86
Article 2 and may constitute a framework for                                                   Article 8
Community and national financial assistance to the
sector in question.                                                 1.    For each project and in relation to the amount of
                                                                   investment eligible for aid, the aid provided for in Article
3.    Not later than six months after each programme               7 and the financial contribution by the Member State
has been forwarded, the Commission shall, acting in                concerned must be granted at the rates shown in Annex 2.
accordance with the procedure laid down in Article 49,             The rates for Community aid shown in Annex 2 shall be
decide whether to approve it.                                      increased by five percentage points where the beneficiary
                                                                   or one of the beneficiaries:
                           Article 5
                                                                   (a) is a sea-fisherman under 35 years of age on the date
1.    For the purposes of the monitoring of programmes,                 when the project is first submitted to the
Member States shall send to the Commission each year                    Commission and has never, until that date, had
before 1 April a summary report on the state of progress                majority holding in another fishing vessel;
of their programmes.
2.    At the request of a Member State or the                      (b) is the owner, at the time when the aid is paid, of at
Commission, any approved programme may be reviewed                      least 50 % of the vessel to which the project relates;
and, if necessary, amendments may be made thereto.
                                                                   (c) undertakes to remain, except in cases of force
3.    The Commission shall decide whether to approve
                                                                        majeure, aboard the same vessel as its skipper for at
the amendments referred to in paragraph 2, acting in
                                                                        least five years as from the date of commissioning.
accordance with the procedure laid down in Article 49.
4.    If necessary detailed rules for applying paragraph 1         2.     If neccessary, detailed rules for applying this Article
shall be adopted by the Commission in accordance with              shall be adopted by the Commission in accordance with
the procedure laid down in Article 49.                             the procedure laid down in Article 49.
                           Article 6
                                                                                               Article 9
1.    The Commission shall prepare and keep up to date
a European register of fishing vessels. Member States              1.     Member States shall ensure:
shall provide the Commission with the date necessary for
the preparation and updating of this register.
                                                                   — that projects relate to vessels which have the
2.    Detailed rules for applying this Article shall be                necessary equipment for fishing operations and crew
adopted by the Commission in accordance with the                       safety;
procedure laid down in Article 49.
                                                                   — that projects are implemented by natural or legal
                           TITLE II                                    persons who have sufficient occupational competence
                                                                       for the exercise of fishing activities, particular
       Restructuring and renewal of the fishing fleet                  account being taken of their training in the case of
                                                                       natural persons.
                           Article 7
1.    The Commission may grant Community financial                 2.     The aid provided for in Article 7 shall be granted
aid towards public, semi-public or private projects for            on a priority basis to projects relating to the purchase or
material investments relating to the purchase or con-              construction of vessels:
struction of new fishing vessels.
                                                                   (a) on which the person with the majority holding acts
2.    To qualify for aid, the projects referred to in                   as skipper and which replace vessels more than 15
paragraph 1 must:                                                      years old;
(a) form part of a programme referred to in Article 2
     and approved by the Commission;                               (b) which are intended to replace vessels lost as a result
                                                                        of accident or wreck, irreparably damaged,
(b) relate to vessels measuring not less than nine metres
                                                                        broken-up or permanently withdrawn from fishing
    in length between perpendiculars, this limit being
                                                                        activities in the Community.
    raised to 12 metres in the case of vessels capable of
    trawling;
(c) relate to vessels built in the Community;                      3.     The replaced vessels referred to in paragraph 2 (b)
                                                                   must not have qualified for the final cessation premium
(d) offer a satisfactory guarantee of yielding a profit.           referred to in Article 23.
 ---pagebreak--- 5.11.86                                    Official Journal of the European Communities                               No C 279/7
                           TITLE III                                  2.     If necessary, detailed rules for applying this Title,
                                                                      and in particular definitions of the eligible investments
                                                                      referred to in Article 10 (3) (c), shall be adopted by the
              Modernization of the fishing fleet
                                                                      Commmission in accordance with the procedure laid
                                                                      down in Article 49.
                           Article 10
1.     The Commission may grant Community financial                                             TITLE IV
aid for measures implemented by Member States to
modernize the fishing fleet.                                          Development of aquaculture and structural works in
                                                                                              coastal waters
2.     To qualify for aid, the measures referred to in
paragraph 1 must:
                                                                                                 Article 12
(a) cover, within a given Member State, a number of                   1.     The Commission may grant Community financial
     public, semi-public or private projects for material             aid for public, semi-public or private projects relating to:
     investments in the modernization or conversion of
     operational fishing vessels;                                     (a) physical investments in the construction, equipment
                                                                           or modernization of installations for the farming of
(b) from part of a programme referred to in Article 2                      fish, crustaceans or molluscs;
     and approved by the Commission.
                                                                      (b) measures to protect and make fuller use of coastal
3.     Member States shall ensure that the              projects           marine areas by the installation, not deeper than the
referred to in paragraph 2 (a):                                            100 m isobath and within three miles of the
                                                                           baselines, of fixed or movable structures for the
                                                                           delimitation of the protected areas and for the
(a) relate to vessels measuring not less than nine metres                  protection or development of fishery resources.
     in length between perpendiculars, this limit being
     raised to 12 metres in the case of vessels capable of
     trawling;                                                        2.     To qualify for aid, the projects referred to in
                                                                      paragraph 1 must:
(b) relate to the rationalization of fishing operations,
     better storage of catches, energy-saving or the                  — form part of a programme referred to in Article 2
     improvement of working conditions and crew safety;                    and approved by the Commission;
(c) are substantial and comprise investments eligible for             — relate to investments totalling more than 100 000
     aid of not less that 30 000 ECU per project, this limit               ECU.
     being lowered to 15 000 ECU in the case of projects
     relating to vessels measuring between nine and 12                3.     The projects referred to in paragraph 1 (a) must
     metres in length between perpendiculars;                         also:
(d) relate to work to be carried out in the Community;                — be for a purely commercial purpose;
(e) do not exeed 50 % of the value of a new vessel of                 — be implemented by natural or legal persons
     the same type as the vessel concerned;                                possessing sufficient occupational competence;
 (f) relate to vessels having the necessary equipment for              — offer a satisfactory assurance of yielding a profit in
      fishing operations and crew safety;                                  due course.
 (g) are implemented by natural or legal persons                       4.     Member States shall ensure that shellfish-farming
      possessing sufficient occupational competence for the            projects are implemented at locations in respect of which
      exercise of fishing activities, particular account being         national or Community standards have been laid down
      taken of their training in the case of natural persons.          for maintaining the quality of the waters.
                           Article 11                                  5.     The projects referred to in paragraph 1 (b) must
                                                                       also:
 1.     For each measure and in relation to the amount
of investment eligible for aid, the aid provided for in                — provide for the scientific monitoring of the measures
Article 10 and the financial contribution by the Member                    for at least three years, including the assessment and
 State concerned must correspond to the rates shown in                     verification of changes in fishery resources within the
Annex 2.                                                                   marine area concerned;
 ---pagebreak--- No C 279/8                               Official Journal of the European Communities                                   5.11. 86
— be accompanied by a three-year prohibition on all                 (b) to waters which fall within the sovereignty or
    fishing activities in the protected area including                   jurisdiction of a third country with which the
    fishing with fixed gear or direct harvesting;                        Community has concluded or is negotiating a fishing
                                                                         agreement and to waters adjacent to the territory of
                                                                         Member States where no provisions of the
— be implemented by a recognized producers' organi-                      Community legislation on fishing are applicable.
    zation, a production cooperative or a body appointed
    for this purpose by the competent authority in the              2.     To qualify for Community aid,           the   projects
    Member State concerned.                                         referred to in paragraph 1 must also:
                                                                    (a) relate to fishing vessels measuring more than 24
                                                                         metres in length between perpendiculars;
                           Article 13
1.     For each project and in relation to the amount of            (b) relate to voyages lasting for at least 60 days of
investment eligible for aid, the aid provided for in Article             fishing per year;
12 and the financial contribution by the Member State
                                                                    (c) relate to fishing zones where, on the basis of a
concerned must correspond to the rates shown in Annex 3.
                                                                         reasonable estimate of potential fishery resources,
The rates for Community aid shown in Annex 3 shall be
                                                                         stable and profitable exploitation seems possible in
raised by 5 percentage points in the case of mariculture,
                                                                         the long term;
mussel-farming or shellfish-farming projects which are
implemented within the framework of redeployment
                                                                    (d) provide for the presence on board of one or more
schemes for sea-fishermen and which provide for the
                                                                         scientific observers approved by the Member State
scrapping of operational fishing vessels.
                                                                         concerned or, should this be impossible, for the
                                                                         participation of a scientific institute in the
                                                                         preparation of the voyage and in the processing of
2.     The amount of investment eligible for aid as                      the results obtained.
referred to in paragraph 1 shall not exceed 2 million
ECU, in the case of aquaculture projects comprising the             3.     A project may comprise several successive voyages
construction of hatchery and on-growing units. The                  to the same fishing zone with a view to establishing the
amount of such investment shall not exceed 1,2 million              basis for the stable long-term exploitation of that zone.
ECU in the case of other projects.
                                                                    4.     Priority shall be given to projects:
3.     If necessary, detailed rules for applying this Article       (a) which are organized by ship-owners who form a
shall be adopted by the Commission in accordance with                    partnership for the purpose of the said voyage;
the procedure laid down in Article 49.
                                                                    (b) which relate to voyages organized jointly by one or
                                                                         more ship-owners and one or more processing or
                                                                         marketing concerns.
                           TITLE V
                     Exploratory fishing                                                       Article 16
                                                                     1.    The aid referred to in Article 15 shall consist in the
                                                                    granting of incentive premiums. The premium for each
                           Article 14                                project must not exceed 20 % of eligible expenditure.
                                                                     The contribution by the Member State(s) concerned
For the purposes of this Title, 'exploratory fishing                 must cover between 10 % and 20 % of such expenditure.
voyage' means any fishing operation carried out for
commercial purposes in a given area with a view to
assessing the profitability of regular, long-term                    2.    Detailed rules for applying this Article, including a
exploitation of the fishery resources in that area.                  definition of eligible expenditure, provision for the
                                                                     payment of the premium in instalments and rules
                                                                     governing such payment, shall be adopted by the
                                                                     Commission in accordance with the procedure laid down
                           Article 15
                                                                     in Article 49.
1.     The Commission may grant Community financial
aid to projects for exploratory fishing voyages:
                                                                                                Article 17
(a) to waters which do not fall within the sovereignty or            1.    Projects referred to in Article 15 shall be submitted
     jurisdiction of any State, or                                   to   the Commission through the Member State(s)
 ---pagebreak--- 5.11.86                                  Official Journal of the European Communities                               No C 279/9
concerned, once the approval of the latter has been                 know-how or the transfer of technology where the latter
obtained.                                                           are relevant to the fishing operations in question.
2.     The data which projects must contain and the form
in which they are to be presented shall be decided on by            2.     To qualify for Community aid, the projects
the Commission in accordance with the procedure laid                referred to in paragraph 1 must relate to fishing vessels
down in Article 49.                                                 which are technically suited to the fishing operations
                                                                    planned, belong to natural or legal persons in the
                                                                    Community, fly the flag of a Member State and are
3.     Within two months of the submission of a project,            registered or recorded at a port located in the
the Commission shall decide whether to grant the                    Community.
premium referred to in Article 16. This decision shall be
notified to the beneficiaries and to the Member State(s)
concerned. The other Member States shall be informed
accordingly.                                                                                  Article 21
                                                                     1.    The Community aid provided for in Article 20 shall
                            Article 18                              consist in a cooperation premium granted to natural or
                                                                    legal persons in the Community who participate in the
 1.    For each voyage qualifying for the premium                   joint venture.
referred to in Article 16 the beneficiary or beneficiaries
shall forward to the Commission and to the Member
State(s) concerned, once the voyage has been completed,
                                                                     2.    The amount of the cooperation premium shall be
a report concerning:
                                                                     40 ECU per gross registered tonne per period of three
                                                                     consecutive months. Payment of the premium shall be
(a) the technical conduct of the voyage,              and   in       conditional on the payment of an identical premium by
      particular the fishing methods used;                           the Member State concerned.
 (b) the species caught, the locations at which they were
      caught, the corresponding yields and the by-catches;           3.    If necessary, detailed rules for applying this Article
                                                                     shall be adopted by the Commission in accordance with
 (c) the economic results of the voyage;                             the procedure laid down in Article 49.
 (d) any other information collected by the observers.
                                                                                               Article 22
 2.    After examining the report, the Commission shall
 make it available to the other Member States.                        1.   The projects referred to in Article 20 shall be
                                                                     submitted to the Commission through the Member
                                                                     State(s) concerned, once the approval of the latter has
                            TITLE VI                                 been obtained.
                          Joint ventures
                                                                     2.    Within two months of the submission of a project,
                                                                     the Commission shall decide whether to grant the aid
                            Article 19                               referred to in Article 20. This decision shall be notified
                                                                      to the beneficiaries and to the Member State(s)
 For the purposes of this Title, 'joint venture' means any            concerned. The other Member States shall be informed
 contractual association set up for a limited time between            accordingly.
  Community ship-owners and natural or legal persons in
 one or more third countries with which the Community
  maintains relations on fishing matters, for the purpose of          3.    For each project qualifying for the aid referred to
 the joint exploitation and use of fishery resources and              in Article 20, the beneficiary or beneficiaries shall
 the sharing of the costs, profits or losses resulting from           forward to the Commission and to the Member State(s)
 the joint economic venture, primary consideration being              concerned a periodic report on the activities of the joint
  given to the supply of the Community market.                        venture.
                            Article 20
                                                                      4.    Detailed rules specifying in particular the data
  1.    The Commission may grant Community financialil                which the projects and the report referred to in
  aid for joint-venture projects which relate to the catchingg        paragraph 3 must include and the form in which they
  and, where appropriate, the processing and/or marketingg            must be presented shall be adopted by the Commission in
  of the species concerned, together with the supply ofif             accordance with the procedure laid down in Article 49.
 ---pagebreak--- No C 279/10                             Official Journal of the European Communities                                    5.11. 86
                          TITLE VII                                2.     The final cessation premium provided for in Article
                                                                   23 shall be granted only
                   Adjustment of capacities
                           Article 23                              (a) in respect of vessels flying the flag of a Member
                                                                        State, registered within the territory of the
1.     Member States may grant a laying-up premium or a                 Community and measuring not less than 12 metres in
final cessation premium for the temporary or permanent                  length between perpendiculars;
withdrawal of certain fishing vessels.
2.     The Community shall contribute towards the                  (b) in respect of vessels having engaged in fishing for at
expenditure incurred by the Member States pursuant to                   least 120 days during the calendar year preceding the
paragraph 1.                                                            application for the grant of such a premium or the
                                                                        first application for the grant of a laying-up premium
                                                                        within the meaning of Article 23 of this Regulation
                          Article 24                                    or of Article 3 of Directive 83/515/EEC.
1.     The temporary withdrawals referred to in Article
23 shall consist in the stoppage of fishing activities for
                                                                   3.     The final cessation premium shall be fixed at a
additional days in comparison to the average, recorded
                                                                   standard rate on the basis of the vessel's tonnage. The
or determined by the Member State on a standard basis
                                                                   premium shall be paid after the issue of the certificate
per category of vessel, of the days laid-up in the three
                                                                   attesting that the vessel has been struck off the register
calendar years preceding the first application for the
                                                                   of fishing vessels.
grant of the premium, less the number of days for which
a laying-up premium within the meaning of Directive
83/515/EEC has been granted.
                                                                   4.     Member States shall take the necessary measures to
2.     The laying-up premium provided for in Article 23            ensure that the vessels for which final cessation
shall be granted only:                                             premiums have been paid are permanently barred from
                                                                   fishing in Community waters.
(a) in respect of vessels flying the flag of a Member
     State, registered within the territory of the
     Community and measuring not less than 18 metres in            5.     Member States shall forward to the Commission a
     length between perpendiculars;                                list of the vessels in respect of which the final cessation
                                                                   premium has been paid. This list shall be published in the
(b) in respect of vessels having engaged in fishing, or            Official Journal of the European Communities.
     replacing a vessel having engaged in fishing, for at
     least 120 days during the calendar year preceding the
     first application for the grant of such a premium or
     the first application for the grant of a laying-up                                       Article 26
     premium within the meaning of Directive 83/515/
                                                                   1.     Member States which grant a laying-up premium or
     EEC;
                                                                   a final cessation premium shall forward to the
(c) for additional periods laid-up of 60 to 150 con-               Commission, as soon as they come into force, the laws,
     secutive days per year.                                       regulations or administrative provisions governing the
                                                                   grant of such premiums.
3.     The laying-up premium shall be fixed in accordance
with the scale shown in Annex 4, on the basis of the
vessel's tonnage and the number of additional days                 2.     Member States may lay down additional or
laid-up.                                                           restrictive conditions governing the grant of the
                                                                   laying-up premium or the final cessation premium.
4.     The average referred to in paragraph 1, when
determined at a standard rate per category of vessel,
must in no circumstances be less than 115 days.                                               Article 27
                          Article 25                               1.     Expenditure incurred by the Member States as a
                                                                   result of granting laying-up premiums or final cessation
1.     The permanent withdrawals referred to in Article            premiums within the meaning of Article 23 shall be
23 shall be effected by means of:                                  eligible for Community reimbursement.
(a) the scrapping of the vessel concerned,
(b) the definitive transfer of the vessel concerned to a           2.     Member States which grant laying-up premiums or
     third country, or                                             final cessation premiums within the meaning of Article
                                                                   23 shall forward to the Commission, before 1 February
(c) the definitive assignment of the vessel concerned to           each year, an estimate of their planned expenditure on
     purposes other than fishing in Community waters.              such premiums for the current year.
 ---pagebreak---  5.11.86                                Official Journal of the European Communities                               No C 279/11
3.    Before 1 April each year the Commission, having              2.     To qualify for the aid referred to in paragraph 1,
examined the estimate referred to in paragraph 2 and               projects must:
having found the conditions for a Community financial
contribution to be satisfied, shall decide on the maximum          (a) form part of a specific programme, within the
amount of eligible expenditure per Member State for the                 meaning of Article 2 of Regulation (EEC) No
current year, bearing in mind the appropriations entered                355/77, which has been approved by the
in the budget for this purpose. The Commission's                        Commission;
decision shall be notified to the Member States.
                                                                   (b) be proposed by a producers' organization within the
4.    The eligibility of expenditure on the granting of                 meaning of Article 5 of Regulation (EEC) No 3796/
final cessation premiums shall be subject to the limits                 81 ('), by an association of such organizations or by
shown in Annex 5.                                                       a body appointed for the purpose by the competent
                                                                        authority of the Member State concerned;
5.    Within the framework of the decisions referred to
in paragraph 3, the Community shall reimburse 50 % of              (c) comprise, in respect of the entire port concerned,
the Member States' eligible expenditure.                                coordinated investments designed to bring about a
                                                                        lasting improvement in conditions for the production
                                                                        and initial sale of fish products.
6.    If necessary, detailed rules for applying this Article
shall be adopted by the Commission in accordance with
the procedure laid down in Article 49.                             3.     If necessary, detailed rules for applying this Article,
                                                                   specifying in particular the types of investment eligible
                                                                   for aid, shall be adopted by the Commission in
                          Article 28                               accordance with the procedure laid down in Article 49.
1.    In cases where Member States introduce a
retirement incentive scheme for sea-fishermen between                                          Article 30
50 and 65 years of age who are affected by the
permanent withdrawal of vessels, the Community shall               1.     The aid provided for in Article 29 shall consist of
contribute towards the financing of expenditure on such            capital subsidies granted in one or more instalments.
schemes within the limits of the appropriations entered
within the budget for that purpose.                                2.     For each project and in relation to the amount of
                                                                   investment eligible for aid, the aid provided for in Article
2.    In cases where Member States grant, to sea-                  29 and the financial contribution by the Member State
fishermen who have been working on fishing vessels in              concerned shall be as shown in Annex 6.
respect of which a laying-up premium or a final cessation
premium has been paid and who thus find themselves                 3.     Investments eligible for aid shall be financed on a
temporarily out of work, a lay-off allowance over and              priority basis under the common measure introduced by
above any other allowances provided for by national                Regulation (EEC) No 355/77. To this end, aid
legislation, the Community shall contribute towards the            applications relating to the projects referred to in Article
financing of the expenditure incurred on such measures             29 shall, when submitted pursuant to this Regulation, be
within the limits of the appropriations entered in the             considered to have been submitted at the same time
budget for that purpose.                                           pursuant to Regulation (EEC) No 355/77.
3.    The Council, acting by a qualified majority on a             4.     If necessary, detailed rules for applying paragraph 3
proposal from the Commission, shall lay down the                   shall be adopted by the Commission in accordance with
general conditions governing the Community's financial             the procedure laid down in Article 49.
contribution, and in particular the rate of such contri-
bution which shall not exceed 50 % of eligible
expenditure.                                                                                   TITLE IX
                         TITLE VIII                                                   Search for new markets
                        Port facilities                                                        Article 31
                                                                   1.    The Commission may grant financial aid for
                         Article 29                                projects to promote the consumption of fish products
                                                                   derived from surplus or underfished species.
1.    The Commission may grant Community financial
aid towards public, semi-public or private projects for
material investments in the provision of facilities at
fishing ports.                                                     (') OJNoL379,31. 12. 1981.
 ---pagebreak--- N o C 279/12                            Official Journal of the European Communities                                    5.11.86
2.    To qualify for the aid provided for in paragraph 1,          — or encouraging the implementation of a structural
projects must:                                                          project covering all the problems related to fishing
                                                                        activities in a particular region of the Community;
(a) be proposed by bodies representing the fisheries
    sector in one or more Member States and be
                                                                   — or making it possibile to implement concerted
     implemented under the direct supervision of such
                                                                        measures to alleviate difficulties affecting a specific
    bodies;
                                                                        aspect of fishing activities.
(b) relate to collective measures which are not oriented
    towards any commercial brands and do not make                  2.     Specific measures must be coordinated with any
    reference to a particular country or production                development measures being simultaneously undertaken
    region.                                                        in sectors outside the fishing industry.
3.    If necessary, detailed rules for applying this Article
shall be adopted by the Commission in accordance with                                          TITLE XI
the procedure laid down in Article 49.
                                                                   Procedure for the examination of projects and obligations
                          Article 32                                                        of beneficiaries
1.    The Community aid provided for in Article 31 shall
consist of capital subsidies granted in one or more
                                                                                               Article 35
instalments.
                                                                   The provisions of this Title shall apply to the projects
2.    For each project the Community aid provided for              referred to in Titles II, IV and VIII and to the measures
in Article 31 shall be double the financial contribution by        referred to in Title III.
the Member State concerned, but may not exceed 50 %
of the amount of investment eligible for aid.
                                                                                               Article 36
                          Article 33                               1.     Applications for Community aid in respect of
                                                                   projects referred to in Titles II, IV and VIII shall be
1.    The projects referred to in Article 31 shall be
                                                                   submitted to the Commission through the Member State
submitted to the Commission through the Member
                                                                   concerned, once the approval of the latter has been
State(s) concerned, once the approval of the latter has
                                                                   obtained.
been obtained.
2.    The data which projects must include and the form            2.     Applications for Community aid in respect of
of presentation thereof shall be decided by the                    measures referred to in Title III shall be submitted to the
Commission in accordance with the procedure laid down              Commission by the Member State concerned.
in Article 49.
                                                                   3.     Incomplete     applications   for   aid shall not   be
3.    Within two months of the submission of a project,            considered.
the Commission shall decide whether to grant the aid
referred to in Article 31.,This decision shall be notified
to the beneficiaries and to the Member State(s)                    4.     The data which applications must include and the
concerned. The other Member States shall be informed               form in which they must be submitted shall be decided
accordingly.                                                       by the Commission in accordance with the procedure
                                                                    laid down in Article 49.
                          TITLE X
                                                                                               Article 37
                      Specific measures
                                                                    1.    Having consulted the Standing Committee for the
                                                                    Fishing Industry, the Commission shall take decisions:
                          Article 34
 1.   The Commission, acting in accordance with the                 (a) twice yearly on application relating to projects or
procedure laid down in Article 49, may decide to                         measures referred to in Titles II, III and IV, the first
implement specific measures relating to the structure of                 decision being taken not later than 30 April and
the fish industry with a view to:                                        covering applications submitted not later than 31
                                                                         October of the preceding year and the second
— either helping to remove the structural handicaps                      decision being taken not later than 31 October and
    which affect fishing activities in certain areas of the              covering applications submitted not later than 31
    Community;                                                           March of the current year;
 ---pagebreak--- 5.11.86                                 Official Journal of the European Communities                               No C 279/13
(b) twice yearly on applications relating to projects              This report shall be submitted:
     referred to in Title VIII, the first decision being
     taken not later than 30 June and covering                     — two years after the last payment of aid towards
      applications submitted not later than 31 October of              projects referred to in Title II and in Article
     the preceding year and the second decision being                  12 (1) (a);
     taken not later than 31 December and covering
     applications submitted not later than 28 February of          — five years after the last payment of aid towards
     the current year.                                                 projects referred to in Article 12 (1) (b).
2.     In 1987, notwithstanding paragraph 1, the                   2.    If the beneficiary does not fulfil the obligations laid
Commission shall decide only once on applications                  down in paragraph 1, the Commission may, after giving
relating to projects or measures referred to in Titles II,         the beneficiary due notice, decide to reverse in whole or
III and IV. The decision shall be taken not later than 30          in part its decision to grant aid, acting in accordance
November and shall cover applications submitted not                with the procedure laid down in Article 49. The decision
later than 31 March 1987.                                          shall be notified to the Member State concerned and to
                                                                   the beneficiary. The Commission shall recover in whole
3.     Decisions on aid shall be notified to the Member            or in part the sums paid.
State concerned and to the beneficiaries of the projects
referred to in Titles II, IV and VIII.
                                                                   3.    If necessary, detailed rules for applying this Article,
                                                                   specifying in particular the data which the report
                                                                   referred to in paragraph 1 must contain, shall be adopted
                           Article 38                              by the Commission in accordance with the procedure
                                                                   laid down in Article 49.
This Regulation shall not apply to projects which receive
Community aid under a common measure within the
meaning of Article 6 of Regulation (EEC) No 729/70 (')
or aid from the European Regional Development Fund.                                         TITLE XII
                                                                                 General and financial provisions
                          Article 39
1.     Aid applications fn response to which no grant has                                    Article 42
been awarded for lack of funds shall be carried forward,
once only, to the following budgetary year.                        1.    The proposed duration of the measure shall be ten
                                                                   years as from 1 January 1987.
2.     Aid applications which have been submitted for the
first time after 31 October 1985 under Regulation (EEC)            2.    The total expenditure to be charged to the
No 2908/83 and in response to which no Community                   Community budget in respect of the implementation of
grant was awarded for lack of funds may be taken into              the measures provided for in this Regulation is estimated
consideration for the 1987 budgetary year, under the               at 850 million ECU for the period 1987-1991.
terms and conditions of this Regulation.
                                                                   3.    Depending on the action required to ensure the
                                                                   proper functioning of the common fisheries policy, and
                          Article 40                               in any event at the end of a five-year period beginning
                                                                   on 1 January 1987, the detailed rules for applying this
Investments which have received Community aid under                Regulation, including the financial estimate given in
this Regulation may not be sold outside the Community              paragraph 2 and the lists in Annexes 2 and 3 of the
or assigned to purposes other than fishing for a period of         regions qualifying for a higher rate of Community aid,
ten years from the date of commissioning and must be               shall be reviewed by the Council on a proposal from the
used on a priority basis for the supply of the Community           Commission.
market during that period.
                                                                   4.    If the Council does not adopt new financial
                                                                   estimates before the expiry of the period 1987-1991, the
                           Article 41                              estimate valid for that period, increased if necessary
1.     For each project which has received aid under               pursuant to paragraph 3, shall be renewed.
Titles II and IV of this Regulation, the beneficiary shall
forward to the Commission, through the Member State                                          Article 43
concerned, a report on the results of the project, in
particular on the financial results.                               The granting of Community aid must not affect the
                                                                   conditions of competition in a manner incompatible with
                                                                   the principles set out in the relevant provisions of the
O OJ No L 94, 28. 4. 1970, p. 13.                                  Treaty.
 ---pagebreak--- No C 279/14                             Official Journal of the European Communities                                    5.11. 86
                          Article 44                               2.     If necessary, detailed rules for applying this Article
                                                                   shall be adopted by the Commission in accordance with
The financial contributions from the Member States                 the procedure laid down in Article 49.
referred to in Articles 8, 11, 13, 30 and 32 may consist of
capital subsidies or financial concessions on loans.
                                                                                              Article 47
                          Article 45                               1.     Member States shall take the necessary measures,
                                                                   in accordance with national laws, regulations and
1.    The Community aid referred to in Article 7, 10 and           administrative provisions, in order to:
12 may consist of:
                                                                   — ensure that the operations financed under this Regu-
(a) reductions in the rates of interest charged on loans
                                                                        lation are in fact carried out and that they are
    granted by the EIB from its own resources or from
                                                                        properly carried out;
    NCI resources or through other financial agencies;
(b) a contribution in capital towards the establishment or         — prevent or take action against irregularities;
    enlargement of funds to guarantee the loans
                                                                   — recover sums lost as a result of irregularities or
    contracted for the implementation of projects;
                                                                        negligence.
(c) capital subsidies granted in one or more instalments;
                                                                   Member States shall inform the Commission of the
(d) reimbursable advances.                                         measures taken for such purposes, and in particular of
                                                                   the progress of any administrative or legal proceedings.
2.    In cases where the provisions of paragraph 1 (a),
(b) and (d) are applied, the rates of the Community aid            2.     If the recovery of sums unduly paid is not
referred to in Annexes 2 and 3 shall be assessed in terms          complete, the financial consequences of irregularities or
of subsidy equivalent.                                             negligence shall be borne by the Community, except
                                                                   where such irregularities or negligence are attributable to
3.    Before the provisions of paragraph 1 (a) may be              national administrations or agencies.
applied, the Commission and the EIB must first reach an
agreement on the cooperation arrangements.                         3.     The Council, acting by a qualified majority on a
                                                                   proposal from the Commission, shall adopt any general
4.    Detailed rules for applying this Article shall be            rules necessary for the application of this Article.
adopted by the Commission in accordance with the
procedure laid down in Article 49.
                                                                                              Article 48
                          Article 46                               1.     Member States shall make available to the
                                                                   Commission all the information required for the
1.    Throughout the period for which aid is granted by            implementation of measures provided for in this Regu-
the Community, the authority or agency appointed for               lation and shall take the necessary steps to facilitate any
the purpose by the Member State shall send to the                  inspections which the Commission may see fit to
Commission on request all supporting documents and all             undertake in connection with the management of
documents showing that the financial or other conditions           Community aid, including on-the-spot inspections.
imposed for each project are satisfied. The Commission
may decide to suspend, reduce or discontinue aid, in               Member States shall communicate to the Commission
accordance with the procedure laid down in Article 49:             the laws, regulations and administrative provisions
                                                                   adopted for the application of Community instruments
— if the project is not carried out as specified, or
                                                                   relating to the common fisheries policy, in so far as such
— if certain conditions imposed are not satisfied, or              instruments have financial            implications for    the
                                                                   Community budget by virtue of measures covered by this
— if the beneficiary, contrary to the particulars given in         Regulation.
    his application and incorporated in the decision
    granting aid, has not begun the work within two                2.     Without prejudice to controls carried out by
    years from the date of notification of the decisions,          Member States in accordance with national laws, regu-
    or has not, before the end of this period, supplied            lations and administrative provisions, and without
    satisfactory assurances that the project will be carried       prejudice to the provisions of Article 206 of the Treaty
    out, or                                                        or to any inspection organized pursuant to Article
                                                                   209 (c) of the Treaty, the persons empowered by the
— if the beneficiary does not complete the work within
                                                                   Commission to make checks on location shall be given
    a period of two years from the start of the project.
                                                                    access to the accounts and any other documents relating
Decisions shall be notified to the Memer State concerned           to the expenditure financed by the Community. In
and to the beneficiary.                                            particular, they may check the following:
The Commission shall take steps to recover any sums                 (a) the conformity of administrative practices with the
unduly paid.                                                             Community rules;
 ---pagebreak---  5.11.86                                 Official Journal of the European Communities                                No C 279/15
 (b) the existence of the requisite supporting documents                                       Article 50
      and their consistency with the operations financed
     from the Community budgets                                      1.    Notwithstanding Article 2 of Regulation (EEC) No
                                                                     1678/85 ('), the amounts in ECU referred to in Articles
 (c) the manner in which the operations financed from                10, 12 and 13 shall be converted into national currencies
     the Community budget have been carried out and                 at the representative rates in force on 1 January of the
     inspected.                                                     year preceding the year in which the Commission
                                                                    decides for the first time, within the meaning of Article
In good time before such inspections, the Commission                37, on the relevant aid application.
shall notify the Member State concerned by the                      2.     Notwithstanding Article 2 of Regulation (EEC)
inspection or in whose territory the inspection is to be            No 1678/85, the amounts in ECU specified in Article 21
conducted. Officials of the Member State concerned may              and in Annexes 4 and 5 of this Regulation shall be
take part in such inspections.                                      converted into national currencies at the representative
                                                                    rates in force on 1 January of the year in which the
At the Commission's request and with the consent of the             premiums are granted.
Member State, inspections or investigations relating to
the operations referred to in this Regulation shall be                                         Article 51
carried out by the competent authorities of the Member
State concerned. Commission officials may take part in              Articles 92, 93 and 94 of the Treaty shall apply, in the
such inspections.                                                   sectors covered by this Regulation, to national aid
                                                                    granted by Member States.
In order to improve the scope for inspections, the
                                                                                               Article 52
Commission may, with the consent of the Member States
concerned, involve the administrations of the Member                The measures provided for in Titles II, III and IV of this
States in certain inspections or investigations.                    Regulation shall be applicable in the Canary Islands.
                                                                    However the measures provided for in Titels II and III,
3.     The Council, acting by a qualified majority on a             shall only apply to vessels whose fishing activities are of
proposal from the Commission, shall adopt, as necessary,            importance there.
general rules for applying this Article.
                                                                                               Article 53
                          Article 49                                To take account of special situations and to heighten the
                                                                    effectiveness of the restructuring measures provided for
1.     Where the procedure laid down in this Article is to          in this Regulation, the Commission, acting in accordance
be followed, matters shall be referred to the Standing              with the procedure laid down in Article 49, may make
Committee for the Fishing Industry, hereinafter referred            derogations from the technical requirements set in
to as 'the Committee', by its chairman, either on his own           Articles 7 (2), 8 (2), 10 (3), 12 (2), (3) and (5), 15 (2) and
initiative or at the request of the representative of a             (4), 20 (2), 24 (2), 25 (2) and 29 (2), in particular by
Member State.                                                       adjusting the upper or lower limits specified in those
                                                                    Articles.
2.     The representative of the Commission shall submit
a draft of the measures to be taken. The Committee shall                                       Article 54
deliver its opinion within a time limit to be set by the            If transitional measures should be required, such
Chairman according to the urgency of the matter.                    measures shall be adopted in accordance with the
Opinions shall be adopted by a majority of fifty-four               procedure laid down in Article 49. They may not be
votes, the votes of the Member States being weighted as             adopted after 31 March 1987.
laid down in Article 148 (2) of the Treaty. The
Chairman shall not vote.                                                                       Article 55
3.     The Commission shall adopt the measures which                This Regulation shall enter into force on the third day
shall apply immediately. However, if these measures are             following its publication in the Official Journal of the
not in accordance with the opinion of the Committee,                European Communities.
the Commission shall forthwith communicate them to                  It shall apply with effect from 1 January 1987.
the Council. In that event the Commission may defer
their application for not more than one month from the              This Regulation shall be binding in its entirety and
date of such communication. The Council, acting by a                directly applicable in all Member States.
qualified majority, may adopt different measures within
one month.                                                          0) OJ No L 164, 24. 6. 1985, p. 11.
 ---pagebreak--- N o C 279/16                                 Official J o u r n a l of the E u r o p e a n C o m m u n i t i e s           5.11.86
                                                                      ANNEX       I
                                 Minimum information to be included in multiannual guidance programmes
              I. PROGRAMMES C O N C E R N I N G T H E FISHING FLEET
                  1. Importance of the fishing industry in the national economy and in the various regional economies
                      concerned;
                  2. Initial situation of the fleet, by category of vessel, type of fishing and region (number, tonnage,
                      engine power and age); estimated fishing capacity;
                  3. Estimates of current fishery resources and foreseeable trends, especially in fishing grounds not
                      subject to Community fishing legislation;
                  4. Impact on the fishing industry of the present situation and foreseeable trends on the market for fish
                      and aquaculture products;
                  5. Description of the strengths and weaknesses of the various sections of the fleet; needs covered by
                      the programme and objectives of the latter;
                  6. Developments in the fleet and investments needed during the period covered by the programme to
                      attain the objectives (number of vessels, tonnage and engine power of vessels to be commissioned or
                      withdrawn during the period concerned); situation of the fleet and the fishing capacity envisaged on
                      completion of the programme.
             II. PROGRAMMES C O N C E R N I N G AQUACULTURE A N D PROTECTED MARINE AREAS
                  1. Importance of aquaculture in the national economy and in the various regional economies
                      concerned;
                  2. Initial situation of aquaculture by type of farming, region and species produced;
                  3. Estimated potential aquaculture production in the regions concerned, by species and type of
                      farming;
                  4. Impact on the aquaculture industry of the present situation and foreseeable trends on the market for
                      fish and aquaculture products;
                  5. Description of the strengths and weaknesses of the aquaculture industry; needs covered by the
                      programme;
                  6. Objectives of the programme and level of production sought on completion of the programme, by
                      type of farming, region and species;
                  7. Investments needed during the period covered by the programme to attain the objectives pursued;
                  8. Prospects for the establishment or development of protected marine areas; investments envisaged in
                      this sector; objectives pursued;
                  9. Measures planned for the protection of the environment.
             III. PARTICULARS T O BE FURNISHED FOR ALL PROGRAMMES
                   1. Critical assessment of the implementation of the preceding programme;
                  2. National or regional financial resources available or to be made available for implementation of the
                       programme; priorities adopted for the granting of aid;
                  3. Laws, regulations or administrative provisions existing or foreseen for ensuring the monitoring of
                       the programme;
                  4. Links with any specific programme(s) approved by the Commission under Regulation (EEC)
                       No 355/77;
                  5. Compatibility with any regional development programme(s) notified to the Commission in
                       accordance with Article 3 of Regulation (EEC) No 1787/84.
 ---pagebreak--- 5 . 1 1 . 86                                   Official J o u r n a l of the E u r o p e a n C o m m u n i t i e s                           N o C 279/17
                                                                        ANNEX       II
             Community aid and financial contributions from Member States for the restructuring, renewal and modern-
                                                              ization of the fishing fleet
              I. VESSELS OF W H I C H T H E LENGTH BETWEEN PERPENDICULARS DOES N O T EXCEED
                 33 METRES
                                                                                                                     Financial contributions
                                              Regions                                    Community aid
                                                                                                                      from Member States
                 1. Greece, Andalusia, Canaries, Galicia, West of
                     Scotland ('),       Ireland,     Northern          Ireland,
                     Mezzogiorno, Portugal and French Overseas
                     Departments                                                              35%                  between 10 % and 30 %
                 2. Other regions                                                             20%                  between 10 % and 20 %
             II. VESSELS OF W H I C H T H E LENGTH BETWEEN PERPENDICULARS EXCEEDS 33 METRES
                                                                                                                     Financial contributions
                                              Regions                                    Community aid
                                                                                                                      from Member States
                 1. Greece, Andalusia, Galicia, West of Scotland,
                     Ireland,      Northern      Ireland,      Mezzogiorno,
                     Portugal and French Overseas Departments                                 20%                  between 20 % and 30 %
                 2. Other regions                                                             10%                  between 10 % and 20 %
                 (') The 'West of Scotland' shall mean Dumfries and Galloway, the Western Isles, Orkney and Shetland, together with
                     the districts of Caithness, Sutherland, Ross and Cromarty, Skye and Lochalsh, Lochaber, Argyll and Bute, Cunn-
                     inghame, Kyle and Carrick.
                                                                       ANNEX       III
             Community aid and financial contributions from Member States for the development of aquaculture and
                                                         structural works in coastal waters
              I. AQUACULTURE
                                                                                                                     Financial contributions
                                              Regions                                    Community aid
                                                                                                                      from Member States
                 1. Greece, Andalusia, Canaries, Castile-Leon,
                     Castile-La Mancha, Galicia, West of Scotland,
                     Ireland,      Northern      Ireland,     Mezzogiorno,
                     Portugal and French Overseas Departments                                40%                   between 10 % and 30 %
                 2. Other regions                                                            25%                   between 10 % and 25 %
                 (') The 'West of Scotland' shall mean Dumfries and Galloway, the Western Isles, Orkeny and Shetland, together with
                     the districts of Caithness, Sutherland, Ross and Cromarty, Skye and Lochalsh, Lochaber, Argyll and Bute, Cunn-
                     inghame, Kyle and Carrick.
             II. PROTECTED MARINE AREAS
                 Community aid: 50 % ,
                 Contributions from Member States: between 10 % and 35 %.
 ---pagebreak--- N o C 279/18                              Official Journal of the European Communities                                        5.11.86
                                                              ANNEX IV
                                                     Scale of laying-up premiums
                                                                                  Maximum premium per vessel
                                                                                           (ECU/day)
                              Tonnage of vessel
                                                                   Vessels less than 10 years          Vessels 10 years
                                                                               old                         and over
            Less than 70 git                                                   200                            150
            70-100 grt                                                          300                           250
             100-200 grt                                                       600                            400
            200-300 grt                                                        950                            700
             300-500 grt                                                     1200                           1 000
             500-1 000 grt                                                   1 500                          1250
            Over 1 000 grt                                                   2 000                          1 500
                                                               ANNEX V
                                Eligibility of expenditure on the granting of final cessation premiums
                              Tonnage of vessel                                     Maximum eligible amount
            Less than 100 grt                                                           1 500 ECU/grt
             100-130 grt                                                                1 400 ECU/grt
             130-160 grt                                                                1 300 ECU/grt
             160-190 grt                                                                1 200 ECU/grt
             190-220 grt                                                                1  100 ECU/grt
            220-250 grt                                                                 1 000 ECU/grt
            250-400 grt                                                                   900 ECU/grt
            400-500 grt                                                                   800 ECU/grt
             500-1 000 grt                                                                600 ECU/grt
            Over 1 000 grt                                                                500 ECU/grt
                                                              ANNEX VI
                           Community aid and financial contributions from Member States for port facilities
                                  Regions                               Community aid            Financial contributions from
                                                                                                       Member States
             1. Greece,     Andalusia,     Galicia,    Ireland,
                Northern Ireland, Mezzogiorno,        Portugal
                and French Overseas Departments                        maximum 50 %                 between 5 and 25 %
             2. Other regions                                          maximum 25 %                 between 5 and 25 %