CELEX: 51989PC0152
Language: en
Date: 1989-05-19
Title: AMENDED PROPOSAL FOR A COUNCIL DECISION on a Community Financial Contribution towards expenditure incurred by Member States for the purpose of ensuring respect of the Community system for the conservation and management of fishery resources (presented by the Commission pursuant to Article 149 (3) of the EEC Treaty)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (89) 152
Vol. 1989/0043
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Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983 concernant
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983 concerning
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In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1. Februar
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                    COM ( 89) 152        final
                                                    Brussels / 19 May 1989
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                  AMENDED PROPOSAL FOR A COUNCIL DECISION
  on a Community Financial Contribution towards expenditure incurred by
Member States for the purpose of ensuring respect of the Community system
          for the conservation and management of fishery resources
       (presented by the Commission pursuant to Article 149 (3) of the
          EEC Treaty )
 ---pagebreak---               Amended proposal for a Council Decision on a Community Financial
              Contribution towards expenditure incurred by Member Str>es for
                  the purpose of ensuring respect of the Community system
                 for the conservation and management of fishery resources
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community , and in
particular Article 43 thereof ,
Having regard to the proposal from the Commission ( 1 ),
Having regard to the opinion of the Parliament ( 2 ),
Having regard to the opinion of the Economic and Social Committee ( 3 ),
Whereas the common fisheries policy , which guarantees the long-term existence of
fishery stocks and thus employment in this sector , can achieve its objectives only
if its rules are respected absolutely and thus if enforcement is effective ;
Whereas the Member States , in ensuring within their fishery zones and on their
territory the respect of the conservation and control rules of the Common
Fisheries Policy , are carrying out an obligation of Community interest ;
/ . ._/
Whereas for any given Member State the size of the task of enforcement is
unrelated to the budgetary capacity or the relative prosperity of the Member State
and may in certain cases constitute a disproportionate burden ;
Whereas it is therefore appropriate to provide for a contribution by the Community
towards certain enforcement expenditure by certain Member States ;
Whereas the total Community contribution should remain within the limits of a
budgetary provision of 30 million ecus per annum over an initial period of five
years and the corresponding financial resources wiLl be ente£ed as annual credits
in the general budget of the European Communities /_ . ._/ ;
                                                                             /
( 1 ) O.CJ . No
(2)
(3)
 ---pagebreak--- Whereas , however , any such contribution should be conditional on the
attainment by the Member States which are beneficiaries of a satisfactory
standard of enforcement both at sea and on land ;
Whereas enforcement is a permanent task and whereas a Community contribution
should therefore be provided on a long term basis ,
HAS ADOPTED THIS DECISION :
                                   Article 1
1 . The Community shall participate subject to the conditions laid down in the
    Annex in financing expenditure incurred by Member States in enforcing the
    Community arrangements for the conservation and management of fishery
    resources .
2 . The Community participation shall relate to eligible expenditure incurred
    by Member States from 1 January 1990 to 31 December 1994 .
3 . For any Member State in any year , the Community contribution shall not be
    lower than_ 30% or higher than 50% of the eligible expenditure .
4 . / . / The Community may grant advances up to a maximum of 50% of its
    contribution .
5 . The Council , acting in accordance with the procedure laid down in
    Article 43 of the Treaty and on the basis of a Commission report on the
    working of this Decision , shall decide before 30 June 1994 on the
    arrangements for Community participation which might apply from
    1 January 1995 .
                                   Article 2
1 . Member States wishing to benefit from Community participation in financing
    expenditure shall forward to the Commission , on the first occasion by
    31 December 1989 and subsequently by 30 September of each year , a schedule
    containing the information specified in paragraph 2 of the Annex
 ---pagebreak---                                          - 3 -
2 . The Commission shall decide , on the first occasion by 30 June 1990 and
     subsequently by 31 March of each year , in accordance with the procedure
     laid down in Article 14 of Regulation ( EEC ) No 170/83 establishing a
     Community system for the conservation and management of fishery resources
     (!), on the Community participation , the eligibility of expenditure and
     any conditions to which the latter may be subject .
3 . The European Parliament and the Council shall be informed by the
     Commission , by 31 March of the year following the latter's decision , of
     any action undertaken in accordance with this decision and any
     improvements in the supervision of fishing activities by the Member
     States .
                                        Article 3
This Decision is addressed to the Member States .
Done at Brussels ,
                                                     For the Council ,
                                                       The President
( 1 ) 0.3 . No L 24 , 27.01.1983 , p. 1
 ---pagebreak---                                       ANNEX
1 . The eligible expenditure of Member States may relate to the acquisition
    or modernisation of :
    -  vessels , aircraft and land vehicles employed in the monitoring and
       supervision of fishing activities , including their equipment ;
    -  systems    for  the  detection  and  recording   of   fishing   activities
       ( including equipment installed on fishing vessels );
    - systems ( including land-based systems ) for recording and transmitting
       catch data and other relevant information .
2 . The schedule referred to in Article 2(1 ) shall state the expenditure
    falling under paragraph 1 envisaged for the following year .         It shall
    specify in particular :
    -  the technical features and cost of the equipment and the method of
       payment envisaged ;
    -  the use planned for the equipment , including the date of entry into
       service ;
    -  in the case of vessels or aircraft or equipment to be installed on
       vessels or aircraft , the proposed programme of operations for the
       monitoring and supervision of fishing activities by such vessels or
       aircraft .
Member States shall give a precise account of their present organisation ,
activities , problems and achievements in the field of fisheries enforcement
at sea and on land and explain how the expenditure envisaged will improve
performance .
To this end , the Member States shall set specific objectives , in accordance
with their own priorities .
 ---pagebreak---                                         - 2 -
3 . The Commission shall consider each Member State 's application by reference
    to the following criteria in particular :
    -  in the case of expenditure on vessels , aircraft or land vehicles , the
       amount of time which they will devote to fisheries enforcement ;
    - the approximate relative size of the enforcement task of the Member
       State on land and at sea , having regard in particular to the volume of
       fishing activity in its fishery zone , the extent of the latter , the
       number and the volume of landings in its ports , the length of its
       coastline , the number of its fishing ports and the pattern of activity
       of its fleet ;
    - the budgetary capacity and prosperity of the Member State ;
    - the ratio of total expenditure on enforcement for sea fisheries to the
       gross national product and budget of the Member 5tate concerned ;
    - the use made by a Member State of any financial aid given under this
       Decision in^ any previous year ;
    - / ._/
    -  the improvement in the Member State 's performance in fisheries
       enforcement at sea and on land in the period preceding the application
       and the improvement likely to result from the expenditure envisaged .
4 . In considering a Member State 's enforcement performance the Commission
    shall have regard to the following considerations in particular :
    -  the prevention , discovery and pursuit of infringements against the
       conservation and control rules ;
    - the presence in the national legislation of sufficiently dissuasive
       sanctions in respect of such infringements ;
    - the list of sanctions imposed by the Member State concerned during the
       past three years ;
    -  the reliability of the catch figures forwarded by the Member State to
       the Commission and the Member State 's success in preventing the
       overfishing of its quotas ;
       the amount and the efficacy of the human and material resources devoted
       by the Member State to fisheries enforcement ;
                                                                      ./
 ---pagebreak---                                          - 3 -
        the diversity of the fishing activity in its fishery zone ;
        the degree of cooperation in fisheries enforcement between the Member State
        and other Member States and the Commission ;
        in appropriate cases , the Member State 's contribution to fisheries
        enforcement in areas governed by international Conventions to which the
        Community is a Contracting Party and the scale and effectiveness of this
        enforcement .
5 . The reimbursement of expenditure and the payment of advances shall be made only
    if the provisions of the Directives coordinating procedures for the award of
    public works and supply contracts have been complied with , in the sense that
    the certificates for payment must make reference to the notices on the award of
    public contracts , published in the Official Journal of the European
    Communities . In case of non-publication of the notices in the Official Journal
    of the European Communities , the beneficiary shall certify that the public
    contracts have been awarded in conformity with Community legislation .
    The Commission may request any information which it considers necessary for
    j'udging whether Community legislation on public contracts has been respected .
6 . Member States shall supply the Commission with any information which it may
    request for the performance of its duties under this Decision .
    Should the Commission consider     that monitoring and supervision facilities
    partially financed by the Community under this Decision are not being used for
    the intended purpose or in accordance with the conditions defined under this
    Decision , it shall so inform the Member State concerned .      The Member State
    shall then conduct an administrative inquiry in which officials appointed by
    the Commission for this purpose shall participate .      The Member State shall
    inform the Commission of the progress and results of the inquiry and provide
    the Commission with a copy of the report of the inquiry and the main points
    used in the preparation of the report .
                                                                      ./
                                                                                    (o
 ---pagebreak---                                           - 4 -
     The Commission may carry out checks on the fulfilment of their duties under
     this Decision by the Member States , which shall be required to provide
     assistance to the staff appointed by the Commission for this purpose .
     The provisions of this paragraph shall be without prejudice to Article 12 of
     Regulation ( EEC ) No 2241/87 establishing certain control measures for fishing
     activities ( 1 ).
( 1 ) 0.5 . No L 207 , 29.07.1987 , p. 1
                                                                                   ?