CELEX: 31985D0475
Language: en
Date: 1985-09-16 00:00:00
Title: 85/475/EEC: Commission Decision of 16 September 1985 concerning applications for reimbursement and the payment of advances in respect of measures to encourage exploratory fishing and cooperation through joint ventures in the fishing sector

No L 284 / 8                              Official Journal of the European Communities                                         24 . 10 . 85
                                                      COMMISSION DECISION
                                                         of 16 September 1985
                   concerning applications for reimbursement and the payment of advances in respect of measures
                   to encourage exploratory fishing and cooperation through joint ventures in the fishing
                                                                    sector
                                                             ( 85 / 475 / EEC )
THE COMMISSION OF THE EUROPEAN COMMUNITIES ,                                                           Article 3
Having regard to the Treaty establishing the European                      Applications for the advance payments referred to in
Economic Community,                                                        Article 12 ( 3 ) of Regulation (EEC ) No 2909 / 83 concerning
                                                                           eligible expenditure approved by the Commission shall be
Having regard to Council Regulation (EEC ) No 2909 / 83 of                 submitted by the relevant Member State . Applications shall
4 October 1983 on measures to encourage exploratory                        be drawn up in the form set out in Annex 2 .
fishing and cooperation through joint ventures in the fishing
sector (*), and in particular Article 12 (4 ) thereof,
                                                                                                       Article 4
Whereas applications for reimbursement and the payment of
advances to be submitted by the Member States to the
                                                                           1.     Advance payments shall not exceed 25% of the
Commission must contain certain particulars which show
                                                                           amount of eligible expenditure approved by the Commission
that the expenditure complies with Regulation ( EEC ) No
                                                                           on the basis of the forward plan sent in by the Member State
2909 / 83 and in particular with Article 3 (4 ) thereof;
                                                                           in question .
Whereas , in order to enable an effective check to be made ,
Member States must keep the supporting documents on the                    2.     The Commission may require the Member State
basis of which the aids were calculated at the disposal of the             concerned to reimburse all or part of the advance payment
                                                                           made where the amount concerned has not been used within
Commission during a period of three years from the date of
payment of the final reimbursement ;                                       six months from the date of its payment for the measures
                                                                           approved by the Commission .
Whereas , in order to give effect to the possibility afforded the
Commission of making advance payments , detailed rules and
procedures must be laid down ;                                                                         Article 5
Whereas the measures provided for in this Decision are in                  1.     At the end of each year for which advance payments
accordance with the opinion of the Standing Committee for                  have been made to them Member States shall establish a
the Fishing Industry,                                                      report on the operations carried out during that year. This
                                                                           report shall reach the Commission by 1 June of the following
                                                                           year .
HAS ADOPTED THIS DECISION :
                                                                           2.     Advance payments for the following year shall not be
                             Article 1                                     made until the report referred to in paragraph 1 has been
                                                                           submitted to the Commission .
Applications for reimbursement as referred to in Article 12
( 1 ) of Regulation ( EEC ) No 2909 / 83 shall comply with the
tables and forms contained in Annexes 1 , 3 , 4 and 5 .                                                Article 6
                                                                           This Decision is addressed to the Member States .
                             Article 2
Member States shall keep at the disposal of the Commission                 Done at Brussels, 16 September 1985 .
for a period of three years following payment of the final
reimbursement all supporting documents or certified copies                                                     For the Commission
thereof on the basis of which the aids provided for in
                                                                                                                Frans ANDRIESSEN
Regulation (EEC ) No 2909 / 83 were calculated , and the
complete files of the beneficiaries .                                                                              Vice-President
0 ) OJ No L 290 , 22 . 10 . 1983 , p. 9 .
 ---pagebreak--- 24 . 10 . 85                                  Official Journal of the European Communities                                            No L 284 / 9
                                                                      ANNEX 1
                      APPLICATION FOR REIMBURSEMENT OF EXPENDITURE INCURRED IN 19 .. UNDER
                                   COUNCIL REGULATION (EEC) No 2909 / 83 OF 4 OCTOBER 1983
                                                               SUMMARY TABLE
                                                                                                                                (in national currency)
                                                                Amount of eligible
                                            Amount paid by                                 Eligible        Advance payment
             Nature of measure                                       expenditure       reimbursement         made by the
                                                                                                                                    Balance to be
                                             Member State        ( decision referred                                                 reimbursed
                                                                 to in Article 3 (4 )   applied for ( 3 )     Community
Exploratory fishing voyages (*)
Cooperation through joint
fishing ventures ( 2 )
Total
                                                              i
Amount reimbursed by the
Member State ( 4 )
Net total
(!)  See details in Table 1 .
(2)  See details in Table 2 .
(3)   50 % of the amount indicated in column 2 .
(4 )  To be specified in Annex.
It is hereby confirmed that:
Provisions concerning all measures
— the expenditure reimbursement of which has been applied for relates to the measures approved by the Commission in Decision
     of                         ,
— beneficiaries are notified in the appropriate manner of the percentage of the Community's financial contribution .
Provisions concerning measures involving exploratory fishing voyages
— reimbursement has been applied for only in respect of vessels that are not less than 24 m long between perpendiculars,
— vessels for which reimbursement of the redeployment premium has been applied for have been engaged in fishing on exploratory fishing
     voyages , comprising one or more trips, for a period of not less than 30 days ,
— the voyages have been monitored by one or more scientific observers.
Provisions concerning cooperative measures involving joint fishing ventures
Reimbursement is applied for only in respect of:
— vessels for which a basic draft understanding drawn up by the beneficiary has been approved by the foreign partner ,
— the temporary transfer , for one or more periods of at least three consecutive months, of vessels which have been engaged in fishing for not less
     than 120 days during the 12 months prior to submission of the basic draft understanding,
— the permanent transfer of vessels which have been engaged in fishing for not less than 1 20 days during the 1 2 months prior to submission of the
     basic draft understanding and which belong to Community nationals whose contribution towards the share capital of the joint venture is more
     than 40 % or the maximum amount specified by the national law in question.
Vessels which have previously benefited from a definitive laying up premium under Directive 83 / 515 / EEC are excluded from permanent
transfer .
This authority has taken the steps necessary to ensure that vessels which have been transferred permanently and are listed in the Annex hereto are
permanently barred from fishing in Community waters.
                                                                                          Date , stamp and signature of the competent authority
 ---pagebreak---                                       TABLE 1
                                                                                                                                         No L
N FOR REIMBURSEMENT OF EXPENDITURE INCURRED IN 19 . . PURSUANT TO ARTICLE 4
     OF REGULATION (EEC ) No 2909 / 83 (EXPLORATORY FISHING VOYAGES)
                                                                        Redeployment          Aid paid by
                                                                                                                                         284                          /   10
                                                                       premium eligible    the Member State,
                                                                        and approved           eligible for         Reimbursement
     Number of vessels (2)                              Total number
                                         Total number                     within the         the Community            applied for
                                          of voyages     of fishing      meaning of         financial contri­
                                                           days          Article 3 (4)    bution (Article 4 (2 ))
          33 to 55 m         > 55 m                                                       (in national currency)
                                                                                                                                         Official
                                                                                                                                    Journal
                                                                                                                                    of the European Communities
                                                                                                                                                                  .
                                                                                                                                       24 10                      .
                                                                                                                                       85
 ---pagebreak---   24 . 10 . 85                                 Official Journal of the European Communities                          No L 284 / 11
                                                                      TABLE 2
                      APPLICATION FOR REIMBURSEMENT OF EXPENDITURE INCURRED IN 19 . . PURSUANT TO
                      ARTICLE 9 OF REGULATION (EEC) No 2909 / 83 (COOPERATION THROUGH JOINT FISHING
                                                                     VENTURES)
                                                               A. Temporary transfer
                                                                        Aid paid by the
                                                                                             Aid eligible for    Reimbursement
                                                                         Member State    Community financial       applied for
                  Name of vessel                  Form No . . .( l )                          contribution
                                                                                        ( in national currency )
 ( J ) For each vessel complete the form set out in Annex 4.
                                                                B. Permanent transfer
                                                                        Aid paid by the      Aid eligible for    Reimbursement
                                                                         Member State   Community financial        applied for
                  Name of vessel                 Form No . . . (2 )                           contribution
                                                                                        (in national currency)
                            •
( 2 ) For each vessel complete the form set out in Annex 5 .
 ---pagebreak--- No L 284 / 12                           Official Journal of the European Communities                                             24 . 10 . 85
                                                               ANNEX 2
                APPLICATION FOR AN ADVANCE PAYMENT FOR 19 . . PURSUANT TO REGULATION
                                                           ( EEC ) No 2909 / 83
              A. Exploratory fishing voyages
                                        1                                    2                                 3
                                                                      Total duration           Total eligible expenditure
                                     Vessels                                                    ( Decision referred to in
                                   ( number)                            of voyages                      Article 3 (4))
                                                                         ( month )
                                                                                                  ( in national currency)
                 1 . Eligible expenditure expected to be
                     incurred in 19 . .                                  =                               (in national currency )
                 2 . Amount of advance payment applied for
                     ( maximum 25 % of 1 )                               =                               ( in national currency)
              B. Cooperation through joint fishing ventures
                            1                    2                                           3
                                                                                Expected end-use in tonnage
                                                                                        percentages
                         Vessels          Total expected
                       ( number)          gross registered          Temporary transfer                 Permanent transfer
                                              tonnage
                                                                   %           quarters              %               GRT
                 1 . Eligible expenditure expected to
                     be incurred in 19 . .                               =                               ( in national currency)
                 2 . Amount of advance payment applied for
                     ( maximum 25 % of 1 )                               =                               ( in national currency)
                                                                      Date , stamp and signature of competent authority
 ---pagebreak--- 24 . 10 . 85                               Official Journal of the European Communities                                     No L 284 / 13
                                                                ANNEX 3
                                                EXPLORATORY FISHING VOYAGES
                                                           ( Form No             )
             1 . Name of vessel :                                       LOA :
                   Year of construction :                               LBP :
                   Port of registration :                               GRT :
                   Fishing method used :                                HP or kW :
             2 . Name of beneficiary:
             3 . Commission Decision of:
             4 . Characteristic features of voyage:
                   — fishing zones :
                   — species caught:                   (tonnes), of which ( 1 ):
                   — date of actual commencement of voyage :
                   — date of completion of voyage :
                   — scientific observer :
                                                                                   (Name )
                                                                   (Address)
             5 . Financial results of voyage :
                   — revenue :                                       ( in national currency )
                   — operating costs:                                (in national currency)
                   — difference :                                    ( in national currency)
             6 . Redeployment premium paid by Member State :                                       ( in national currency )
             It is hereby certified that:
             — the above information concerning the vessel in question is accurate and complies with the forward plan
                   on the basis of which the Commission approved the measures and expenditure proposed,
             — a detailed report pursuant to Article 8 (1 ) of Regulation (EEC) No 2909 / 83 has been forwarded to the
                   Commission / will be forwarded ( 2 ) to the Commission as soon as possible .
                                                                      Date , stamp and signature of competent authority
             ( ] ) Specify main species .
             ( 2 ) Delete as appropriate .
 ---pagebreak--- No L 284 / 14                                 Official Journal of the European Communities                                             24 . 10 . 85
                                                                    ANNEX 4
                                                          TEMPORARY TRANSFER
                                                                (Form No               )
               1 . Name of vessel                                               Type of vessel:
                    or registration No :
                                                                                LOA :
                                                                                LBP :
                    Year of construction :                                      GRT :
                    Port of registration :                                      HP or kW :
              2 . Period for which fishing has been carried on during the 12 months prior to submission of the basic draft
                    understanding :
                    120 days or more (contractual associations), i.e                                                          days.
              3 . Companies with share capital :
                    ( a ) share capital :                           (reference currency )
                    (b) contribution of Community partner:
                          (share capital in excess of 40 % in respect of ( a) or the maximum amount specified by national law,
                          i.e. :             %)
              4 . Business name of joint venture :
                    — name of Community partner:
                    — name of non-member country partner:
              5 . Country of transfer:
              6 . Fishing zones:
              7 . Main caught:                     (tonnes), of which (*): .
              8 . Cooperation premium paid by the Member State:
                    — period from                      to                i.e.         quarters x 25 ECU =
                                                                                                          ( in national currency) (2 )
                          period from                  to                i.e          quarters x 25 ECU =
                                                                                                          (in national currency) (2)
                          period from                  to              , i.e.         quarters x 25 ECU =
                                                                                                          ( in national currency) (2 )
              It is here certified that :
                     the above information concerning the vessel concerned is accurate and complies with the forward plan
                     on the basis of which the Commission approved the measures and expenditure proposed ( see
                     Commission Decision of                                .L
                     the vessel has not been used during the transfer period for fishing in areas extending up to 200 nautical
                     miles off the coasts of Member States and subject to Community fishing regulations or in other areas
                     coming under the sovereignty and jurisdiction of Member States.
                                                                             Date , stamp and signature of competent authority
              (') Indicate main species.
              ( 2 ) Conversion rate used 1 ECU =                             ( in national currency).
 ---pagebreak--- 24 . 10 . 85                               Official Journal of the European Communities                                       No L 284 / 15
                                                                ANNEX S
                                                       PERMANENT TRANSFER
                                                            (Form No             )
              1 . Identification prior to transfer:
                      Name of vessel                                     Radio code
                      or last registration No:                           ( if available ):
                                                                         LOA : ........
                      Year of construction :                             LBP :
                      Shipyard:                                          GRT :
                      Type of vessel :                                   HP or kW : .
             2 . Date of removal from register of fishing vessels
             3 . Permanent transfer to ( non-member country of destination):
                   Period for which fishing has been carried on during the 12 months prior to the submission of the basic
                    draft understanding:
                    100 days or more , i.e. :         days.
             4 . Share capital of joint venture:                                                      ( reference currency)
                   comprising:
                    Contribution of Community partner:
                   (more than 40 % of share capital or the maximum amount specified by national law, i.e.
                              %)
             5 . Business name of joint venture :
                   — name of Community partner:
                   — name of non-member country partner: ..
             6 . Premiums paid by Member State:                 Total =                         ( in national currency) (*)
                   i.e. : 400 ECU per gross registered tonne
                          ( up to 300 GRT ):                                                    ( in national currency ) (*)
                          200 ECU per gross registered tonne
                          (in excess of 300 GRT ): .                                            ( in national currency) ( J )
             It is hereby certified that:
             — with the forward plan on the basis of which the Commission has approved the measures and
                   expenditure proposed (see Commission Decision of
                                                                     Date, stamp and signature of competent authority
             i 1 ) Conversion rate used : 1 ECU =                     ( in national currency).