CELEX: 51977PC0644
Language: en
Date: 1977-12-01
Title: PROPOSAL FOR A COUNCIL DECISION on financial participation by the Community in respect of the inspection and surveillance operations in the maritime waters of Denmark and Ireland (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (77) 644
Vol. 1977/0205
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 ---pagebreak---   COMMISSION OF THE EUROPEAN COMMUNITIES
                                                      COM(77)644 final.
                           ,                          Brussels , 1 December 1977 •
                    PROPOSAL FOR A COUNCIL DECISION
           on financial participation by the Community       in
           respect of the inspection and surveil­
           lance operations in the maritime water s
                 of Denmark and Ireland
             ( submitted to the Council "by the Commission )
77 ) 644 final .
 ---pagebreak---                            Explanatory Memorandum
1 . General aspects
    The introduction of a Community regime for the conservation and mana­
    gement of fishery resources , involving measures , quantitative and other­
    wise , to ensure a rational exploitation stocks , needs to be accompanied
    by an adequate control system organized on a Community basis *
    Although this control should be essentially preventive in its concern
    to ensure balance between the production potential of each Member State
    and the resources available , an adequate inspection of Community fishing
    grounds is needed to check that the fishermen of the Community     are abi­
    ding by the rules .
    This control must also be such as to afford strict surveillance of the
    fishing done by vessels of non-member countries authorized , under cer­
    tain conditions , to fish in the Community zone , and to protect this zone
    from vessels having no authorization to fish .
    This being so , it would appear that this control of fishing grounds can­
    not be effective unless appropriate inspection and surveillance structu­
    res covering the whole of the fishing zones of Member States , or at least
    those zones which have most interest for fishing , are reinforced as soon
    as possible .
    For these reasons the Commission , having regard to the Council Declara­
    tion of 3 November 1976 , which recognized that the putting into opera­
    tion of means of surveillance , available or planned , should be accompa­
    nied by appropriate measures in order to that their cost is fairly sha­
    red , has prepared this proposal providing for a financial contribution
    by the Community towerda the cost of bringing into service the appropria­
    te specialized inspection and surveillance facilities in the waters off
    Greenland and Ireland .
    This contribution would permit :
    - the purchase    of the vessels , aircraft and related equipment which
       need to be brought into service in the medium term
     - the leasing of the control vessels and aircraft which need to be put
       into service immediately for a period not exceeding two years .
 ---pagebreak---     The special measures being proposed for Denmark and Ireland reflect a
    concern that the inspection and control of the fishing zones off the Green­
    land and Irish coasts should not , bearing in mind the extent of these zones ,
    impose an economic burden on these countries out of proposition to the
    contribution that fishing in these zones makes to their economies .
    The funds for short- and medium-term operations made available to the orga­
    nizations responsible for maritime protection and surveillance will be eligi
    ble for Community financing .
    The proposed measure will be of limited duration , namely up to 31 December
    1982 for medium-term measures and up to 31 December 1978 for short-term
    measures .
    The Commission proposes finally that the Council should decide before 31
    December 1982 on the measures to be taken to ensure that after that date
    the cost of inspection and surveillance of their maritime waters is fairly
    shared between the Member States .  That decision should be based on the
    relationship between the economic cost of inspection and surveillance and
    the contribution which fishing makes to the economy of each Member State
    at that date .
2 ) Financial and budget aspects and general provisions
    a ) Financial effect
        It is proposed that the Community should reimburse to the Member States
        concerned part of the expenditure they incur in implementing the measu­
        res provided for in this Directive . Community participation amounts to
        50 # of eligible expenditure .*
        In accordance with the relevant procedures a financial note is annexed
        to this proposal showing the estimated cost of the necessary operations
        spread over a period of five years which amount to
             15 million units of account for Denmark
             55 million units of account for Ireland .
    b ) Budget présentation
        The Commission considers that this is a specific measure^and not a
        common measure within the meaning of Regulation No . 729/70 which may be
        financed from the appropriations provided for the European Agriculture
 ---pagebreak---       Guidance and Guarantee Fund , Guidance Section .
      It is therefore proposed that an ad hoc chapter be created for this
      expenditure in the budget . It is recalled that at the Parliament 's
      first reading of the draft 1978 budget it was proposed that an ad hoc
      item 8303 be created for this purpose .
C ) Procedural aspects and implementation
      The Commission proposes for the implementation of the provisions of
      this decision to make certain implementing provisions of Regulation
      No . 729/70 applicable by analogy .
    . It is proposed that the Commission should take a prior decision on the
      eligibility of expenditure on the basis of appropriate estimates drawn
      up by Denmark and Ireland both with regard to the technical characte­
      ristics of the investments and their operational suitability for in­
      spection and surveillance duties .
      The Community 's financial participation , by way of the reimbursement of
      part of the eligible expenses incurred by Denmark and Ireland , will be
      decided upon ? subject to the opinion of the EAGGF Committee on the finan­
      cial aspects .
      As this is a proposal of a general nature whose adoption is not neces­
      sitated by existing instruments and which concerns expenditure on a
      substantial scale , the Commission is of the opinion that the conditions
      for the application of the conciliation procedure are fulfilled .
 ---pagebreak---                           COUNCIL DECISION
                on a Community measure to improve inspection
                and surveillance operations in the maritime
                waters of Denmark and Ireland
• THE COUNCIL OF THE EUROPEAN COMMUNITIES , ,
  Having regard to the Treaty establishing the European Economic Community
  and in particular Article ^3 thereof , .
  Having regard to the proposal from the Commission , ( 1 )
  Having regard to the Opinion of the European Parliament , ( 2 )
  Whereas the introduction of a Community regime for the conservation and
  management of fishery resources and the introduction of restrictions on
  fishing necessitate , in the Community interest , the protection of the re­
  sources and surveillance of the maritime waters which are within the juris­
  diction of Member States ;
  Whereas , because of the extent of the maritime waters under their juris­
  diction , Denmark and Ireland are obliged , in order to effect the necessary
  inspection and surveillance measures in the fishing zone off Greenland and
  Ireland , to incur expenditure which is out of proportion to the contribu­
  tion which fishing in those zones makes to their economies ;
  Whereas , in view of the fact that Denmark and Ireland do not yet have suf­
  ficient facilities for inspection and surveillance , it should be provided
  that the Community should finance part of the expenditure incurred by those
  Member States in bringing the appropriate specialized facilities into ser­
  vice in the medium term and in exercising the inspection and surveillance
  functions which are needed immediately ;
  ( 1 ) J.O.
  ( 2 ) J.O.
 ---pagebreak--- Whereas the organization in the medium and short term of an inspection and
surveillance system will be facilitated if the Member State concerned places
at the disposal of the organizations responsible for maritime inspection
and surveillance sufficient funds to cover the total expenditure incurred
in organizing this system ;
Whereas all the measures envisaged are in the Community interest ;
Whereas half of the expenditure incurred in the implementation of short term
and medium term measures should be financed by the Community ;
HAS DECIDED AS FOLLOWS :
 ---pagebreak---                             Article 1
1 . The Community shall participate in financing the expenditure incurred
    by Denmark and Ireland bringing into service the appropriate specialized
    facilities for the inspection and surveillance of fishing activities in
    the waters under their jurisdiction off the coasts of Greenland and
    Ireland under the conditions laid down in the Annex .
2 . The Community shall reimburse 50 % of the eligible expenditure of the
    Member States *
                            Article 2
    The Council , in accordance with the procedure laid down in Article ^3 ,
    paragraph 2 , shall not later than 31 December 1982 take a decision on
    the sharing by the Community after that date of the expenditure of the
    Member States , referred to in Article 1 , incurred in the inspection and
    surveillance of maritime waters within their jurisdiction .
    This present decision concerns the Kingdom of Denmark and the Republic
    of Ireland .
Done at                                             For the Council .
 ---pagebreak---                             ANNEX
The Member State concerned shall make available to the organizations
responsible for maritime inspection and surveillance of the waters within
its jurisdiction the financial resources required to promote and imple­
ment adequate measures of inspection and surveillance of those waters in
the medium and short term .   The financial resources referred to shall
cover all investment expenditure occasioned by the implementation of thG
measures referred to in paragraph 3 «
The medium term measures shall be implemented by 31 December 1982 .
These measures may concern :
a ) the purchase or construction of coastguard vessels and the purchase
    of the equipment necessary for inspection and surveillance duties ^
b)the purchase of reconnaissance aircraft and their technical , electronic
    and photographic equipment ,
e)any alterations to land-based installations necessary to ensure the
    normal operation of the measures referred to under ( a ) and(b ).
The short term measures may be effected up to 31 December 1979 «
These measures may concern :
- the leasing of coastguard vessels and reconnaissance aircraft ,
- the equipment of such vessels and aircraft ,
- operating costs , including personnel costs .
The Member State concerned shall forward to the Commission , by 31 July
1978 , an estimate of expenditure relating to the measures referred to
under paragraphs 2 and 3 «
 ---pagebreak--- That estimate should include :
- the planned capital investment in ships and aircraft , and the number
  to be leased , their home port , or , as the case may be , their operating
  base or geographical location ,
- their type , operational capability ( in particular as to range and
  speed ) and their technical specifications , including the characteristice
  of their equipment and fittings )
- the planned dates of entry into service of the ships and aircraft ,
- the proposed operational programme for each of these units .
Within two months of transmission of the estimated expenditure , the
Commission , after having ascertained that the ships and aircraft , whether
investments or leasings , included in the estimates are appropriate for
the inspection and surveillance duties for which tljey are intended and
comply with the conditions for Community cost-sharing , shall decide on
the eligibility of the proposed expenditure .
Applications for reimbursement shall relate to expenditure incurred by
the Member State concerned in the course of a calendar year and shall
be forwarded to the Commission before 1 July of the following year .
After consulting the EAGGF Committee on the financial aspects , the
Commission shall take decisions on these applications , together or se­
parately .
 ---pagebreak---                                                                     3 --
6 . The Member States shall furnish the Commission with all information
    which it may request on the application of this Decision .
    If the Commission considers that the facilities for which Community
    financial aid was granted under this Decision are not being used for
    the purposes intended , the Member State concerned shall be so informed .
    The latter shall then initiate an administrative inquiry in which of­
    ficials of the Commission may participate , and shall inform the Commis­
    sion of the progress and the findings of the inquiry .
    The Commission may make inspections to verify application of this
    Decision by the Member States concerned . The latter shall assist the
    officials appointed by the Commission for this purpose .
7 « Each year the Commission shall present to the Council and to the Euro­
    pean Parliament a report based on information supplied by Denmark and
    Ireland on the measures taken in respect of the maritime inspection and
    surveillance of the fishing zones off the coasts of Greenland and Ire­
    land .
 ---pagebreak---                          FINANCIAL ESTIMATE
           This proposal is intended to promote the immediate establishment of
facilities for inspection and surveillance and the adaptation of existing
installations with a view to the more affective inspection of fishing activities
in the fishing zones off the coasts of Greenland and Ireland .
           The proposal therefore provides for financial participation in medium-
term measures intended to cover the necessary investments and in short-term
measures to ensure inspection and surveillance of the fishing zones in question .
           Taking into account the extent and the nature of the maritime zones to
be watched and the degree of effectiveness required of the means of inspection
and surveillance in question ( range of action , speed , operational capability ),
the Commission provisionally estimates the total cost of the operations provided
for in this proposal at 70 million units of account with the following breakdown
           Denmark - 15 million u.a .
            Ireland - 55 million u.a .
           The financial estimate is based on the following considerations :
 ( a ) Inspection and surveillance operations off Greenland .
       Manifestly the Greenland zone is much larger than the zone off Ireland .
 It covers about one million square miles against 130 000 square miles for
 Ireland .    However , permanent control requirements are less extensive in the zone
off Greenland and specific solutions should be possible due to :
           - the unfavourable weather conditions ( ice , fog ),
           - existing infrastructures ( home ports , airports ),
           - the structure of the continental shelf ,
           - the seasonal fishing pattern ,
           - the quantities caught in the zones concerned .
 ---pagebreak---         It is therefore considered that effective surveillance could be achieved
by the combined operation of helicopter support vessels , fast intervention
vessels , and a reconnaissance aircraft .
        In view of the present inspection and surveillance structures , mainly
consisting of coastguard vessels of a class that can provide helicopter support
and a fast class needed for boarding , it is estimated that the following additio­
nal inspection structures are needed :
       - purchase of about 3 helicopters and spare parts       5 million u.a .
       - purchase of one long-range aircraft                   8
       - modernization of existing vessels                     1
       - radar and other equipment                             1
                                                              15 million u.a .
( b ) Inspection and surveillance operations off Ireland .
        The Irish zone to be kept under surveillance has an area of about
130 000 square miles .
        Due to the nature of the continental shelf , the magnitude of the fishing
resources and the relatively intensive fishing activities throughout the year ,
and the fact that Ireland has only one coastguard vessel ( Deirdre II ),
surveillance requirements must be divided into short and medium term :
- in the short term the leasing of two vessets and one twin-engined aircraft
    would seem necessary to ensure in the immediate future and for about three
    years a minimum degree of control over the fishing grounds off Ireland .
     It is estimated that 5 million u.a . should be allocated for this type of
    operation ;
- in the medium term the following appear to be the requirements for inspection
     and surveillance of the abovementioned zone :
     ( a ) purchase of 5 vessels of about 1 000 gross tonnage - 30 million u.a .
     Cb ) purchase of 5 twin-engined medium-range aircraft    - 20 million u.a .
                            Total                                50 mi l lion u.a .
 ---pagebreak--- Conclusion .
Total expenditure on this measure thus amounts to :
- Denmark    :                         15 million u.a .
- Ireland    :                         55 million u.a .
                                       70 million u.a .
With 50 % Community financing , investment costs and leasing amount to :
       35 million u.a . over 5 years .
Pluriannual schedule of expenditure .
                                            Denmark     Ireland Total    EEC
                                                                      reimbursement
             1978                               2          2      4          2
             1979                              10         16     25        13 '
             1980                               3         15     18          9
             1981                               -         12     12          6
             1982                               -         10     10          5
             Total                            15          55     70        35
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     2 . . MEASURE : Consei L Decision on €ofnir. unity financial participation in inspection
                                    and surveillance operations off the coasts of Denmark and Ireland .
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     3 . LEGAL B/wI's |               Article 43
     ■të–H–■M^iuihtJ tl
5 << OBJECTIVES I                 Surveillance and inspection of the fishing zones off the coasts of
I                                 Greenland and Ireland ,, pursuant to the Hague Resolution of the
i                                 Council of 3 nove'mber 1976 .
1
i 5»        FINANCIAL IMPLICATIONS                                         TOR THE KARKETIKO TEAR                OTRRSJT FINANCIAL TEAR         FCLLcwiifc Fit; an :; al tear 8
     5.0 EXPZTPITUitE                                                                                                           )           :    ..      C       )            S
           »CitARCb-a TO THE EC BUDGET
                                                                                                                     2 mi l lion u.a .              13 million u.a .
            ( RKraiiÆ/i ti -zRYtini ows )
           •CHARGED TO I fATIOK'AL AHTIWISTR .
           –CHARGE?) TO I )THER NATIONAL CROUPS
     5.1 PECEIPT3
           ~c*y R^ouncls of v.rs ec
            ( IXVI EZ/CVVO-3 DUTIES )
           -NATIONAL
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                                                                                                                              1981              tP1D
                                                                                                                                                TEAR
                                                                                                                                                               1982
| 5 .0.1 FUJMAJaejAi PATTSM «r fixPBnartjRE                                     9 million u.a .                       6 million u.a .              5 million u.a .
I 5.1.1 FLURIA.VNUA1 I'ATTERH OF RECEIPTS
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                                                          which 50 % , or 35 million u.a . to be borne by the Community ,
                                                          and distributed as follows :
                                                         -       7,5 million u.a . for Denmark
                                                         - 27,5 million u.a . for Ireland
| 6.0
I
               FINANCING POSSIBLE WITH APPROPRIATIONS ENTERED IN RELEVANT
               CliAPTEiLi OF CURRENT BimsFT ?
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               APPROPRIATIONS TO BE WRITTEN INTO FUTURE BUDGETS ?
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                        In view of the complex nature of the calculations , the financial
                        estimate attached to this statement should be consulted .