CELEX: 51988PC0703
Language: en
Date: 1988-12-05
Title: 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)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (88) 703
Vol. 1988/0231
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                            COM ( 88 ) 703 final
                                            Brussels , 5 December 1988
                             Proposai   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 )
                         U    1S
                           4 %        y
                           I ïü
 ---pagebreak---                                                                  C&YVI ^^0
               Proposal for a Council Decision on a Cbnsnunity Pinanpial
                                                                 Financial    V
            Ctrrtxibution towards expenditure incurred by Headier States for
               the purpose of ensuring respect of the Community system
              for the conservation and management of fishery resources
                                 EXPLANATOKY MEMORANDUM
The Ccrrmunity system for the conservation and management of fishery resources
may be placed at risk by an insufficient level of respect for the Conmunity
legislation designed to ensure conservation by placing quantitative limits on
catches and applying tectmical conservation measures designed basically to
minimise catches of small and immature fish . Failure to ensure respect of
the conservation rules tends also to put at risk the Ccrrmunity 's credibility
internationally and , in turn , its access to fishery resources within the
jurisdiction of third countries .
It is the task of the Member States to ensure that Ccrrmunity conservation
legislation is respected .         Their duties are set down in particular in
Regulation ( EEC ) No 2241 /37 ( the "Control Regulation" ) (•*■) as amended and in
related legislation .
The task of enforcing the conservation rules needs to be carried out both at
sea and on land . Enforcement at sea is required with a view for example to
- discouraging unauthorised fishing ;
- controlling vessels unlikely to land in the Conmunity ;
- verifying correct completion of the logbook ;
- checking on catch areas ;
- enforcing minimum mesh sizes .
Enforcement on land is , UivA^ver , at least as ini(X>rtant , since
- it is only on land that respect of quantitative catch limitations can to
    verified ;
– important technical conservation measures can also be enforced on land
     ( e.g. minimum landing sizes and, to seme extent, minimum mesh sizes and
       certain other rules relating to fishing gear) .
 ( 1 ) O.J. No L 207 , 29.07.1987 , p. 1
 ---pagebreak---                                          2
 Enforcement at sea and on land should be regarded as a single task .         The
 Ccnmission expects each of the Member States concerned to earn/ out the task
 correctly .  It has , however , drawn attention on a number of occasions to
 serious weaknesses in several Member States of control both on land and at
 sea . For control at sea the vessels , aircraft and other equipment used are
 not always very well suited to their task .     The available materiel is often
 sub-optimally employed and there may be weaknesses of training or commitment
which further reduce performance . On land , several Member States cannot yet
be said to have mastered the tasks of determining the total landings from
 stocks subject to quota and of halting fishing on such stocks when the quotas
have been reached .   There are also serious weaknesses in the enforcement of
the logbook rules and the minimum landing sizes in particular .
The Ccrrmission does not intend to relax its efforts to secure an improved
enforcement performance by the Member States .       It is aware , hewever , that
several Member States are making serious efforts to improve enforcement or
prevent its deterioration .       It is also aware that enforcement is a
fundamentally difficult task , given the nature of fishing activity and the
type of rules to be applied . The difficulties are compounded in the present
situation of fleet over-capacity . Finally , the Ccrrmission recognises that
enforcement , especially at sea , is expensive .
While the practical responsibility for enforcing the conservation rules of
the Carmen Fisheries Policy rests with the Member States it is evident that
they are carrying out a Carmunity task : protecting , in the Cormunity 's
interests , the fishery resources found in the Cbnmunity 's fishery zene by
exercising control in their cwn fishery zones . At the same time the burden
of carrying out this task of Carmunity interest falls unevenly on the Member
States since the amount of fishing activity in the fishery zone ( including
fishing by non-Member States ) and the volume of landings in the ports of one
Member State may be entirely different frem those of another Member State .
The budgetary capacity and the relative prosperity of the Member States vary
considerably also . Several Member States whose fisheries enforcement task is
relatively light are among the more prosperous Members ; some of the less
prosperous Member States have a major fisheries enforcement task to perform .
The result is that for certain Member States the burden of enforcement may be
disproportionately heavy .
                                                                       /
                                                                            J
 ---pagebreak---                                          3
 The Ccmnunity has , indeed , recognised more than once that the Ccmnunity task
of enforcement is unevenly distributed among the Member States and has
decided on a contribution frcm Ccnmunity funds for fisheries enforcement
purposes .     Denmark ( in respect of Greenland waters ), Ireland and , rare
recently , Portugal have benefited significantly in this way . Moreover , the
Council declared during the enlargement negotiations that it would examine ,
on a proposal frcm the Corrmission , the financial arrangements which could be
adopted to assist the Member States to equip themselves with appropriate
means of surveillance and control necessary for applying the Cannon Fisheries
Policy in the enlarged Ccnmunity . The Council took an initial action in this
context in adopting the Decision of 18 May 1987 ( 1 ) on a Ccnmunity financial
contribution to the development of the monitoring and supervision facilities
necessary for applying the Ccmnunity arrangements for the conservation of
fishery resources . However , the Ccmnunity contribution under that measure is
limited to 10 million ecus and the period covered ends on 31 December 1989 .
Enforcement weakened by lack of the necessary financial resources may affect
adversely the fishing possibilities available to certain less prosperous
regions particularly dependent on fishing and thus militate against economic
and social cohesion .
In the Ccrnnission' s view the time has come to organise on a longer-term basis
a Ccmnunity contribution to the costs of certain of the Member States engaged
in enforcing the conservation rules of the Comnon Fisheries Policy .
It is essential , however , that any such contribution should depend on the
attainment and maintenance by the Member States concerned of a satisfactory
overall enforcement performance not only at sea but also on land .
The Omission therefore presents to the Council the attached proposal for a
Decision an a Cormtunity financial contribution towards certain expenditure
incurred by Member States for the purpose of ensuring respect of the
Ccmnunity arrangements for the conservation of fishery resources .
                                                                      /.
( 1 ) O.J. No L 135 , 23.05.1987 , p. 31
 ---pagebreak---                                      - 4 -
 While precise information is lacking , the total annual expenditure by the
 Member States on enforcing Ccnmunity conservation rules may currently be of
 the order of 100 million Ecus . It may be noted that this represents a very
 small proportion of the annual value of the resources being protected .
 Enforcement expenditure ought probably to be increased with a view to
 securing the necessary improvement of performance .    Increased expenditure
might be needed in particular with a view to investing in technologically
advanced enforcement equipment ( e.g. satellite surveillance ); such
techniques , which are likely to be available in the near future , may well
reduce enforcement oosts in the longer term but will require considerable
initial investment .
In the light of these cons iderations it is proposed to provide for the
inclusion in the Ccnmunity budget of a sum, which might be of the order of
30 million ecus in each of the first five years , as a Cannunity contribution
towards Member States' capital expenditure on enforcement hardware . However ,
any Ccnmunity contribution should depend on the Ccmnission ' s being satisfied
that a given Member State 's global enforcement performance is satisfactory .
The other conditions and procedures which should apply are set out in the
proposal .
The Ccmnission would adopt a Decision towards the end of each year , via the
Management Ccrmittee procedure , with a view to making an appropriate
Ccnmunity contribution to Member States from the available resources .
The mechanism proposed would provide a basis for a continuing Ccnmunity
contribution to certain Member States' fisheries enforcement expenditure .
The contribution would not only reflect the disparate situations of the
Member States as they carry out a common task of Ccnmunity interest but would
also depend on the effectiveness with which they perform the task .
                                                                           .Γ
 ---pagebreak---                                 L^s^Oomcx ,             osi - ^,tn*£cy Financial
                                        ^Pf^'iiture ii-&j4jrrad by ?«snfoer Stats   *^r
                   ■1.1 :s purpose or ©asuxinr* Kscact- rf *-■>-*- p.._  ..    ’  ^
                  **        = -eEVctvxca. and nenageraant of fishery resources
   Tell* COuUCIL OF THE EUROPEAN QTWMUSflTIES ,
   FavivKj regard to the Treaty establishing the European Economic Ccnmunity, and in
  particular Article 43 thereof,
  Having regard to une proposal from the Conmission ( 1 ) ,
  Having regard to the opinion of the Parliament ( 2 ),
  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 a task of Community interest ?
  Whereas -the size of the task of each Member State in enforcing the said ruJ.es is
  oroaoly related to the volume of fishing activity in its fishery zone and the
 volume of landings on its territory ?
 Whereas for any given Member State the size of that task is unrelated to the
 oudgeLarv capacity or the relative prosperity of the Member State end Hay in
 certain cases constitute a disproportionate burden ?
 Whereas it is therefore appropriate to provi.de for a contribution by the Community
 towards certain enforcement expenditure by certain Member States ?
Whereas the total Catmur. ity contribution should remain within the limits of a
1-cdger.ary prevision of 30 million ecus per annum over an initial period of five
years and trie: corresponding financial resources will be entered as annual credits
 in the general budget of the European Ccrrmunities within the limits of budgetary
availabij ity ?
Whereas , however , any such contribution should be conditional on the attainment by
che Member States concerned 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 ,
( 1 ) O.J.
(2)
                                                                                        C
 ---pagebreak---                                           - 2 -
 HAS ADOPTED THIS DECISION :
                                        Article 1
 1 . The Ccmnunity shall participate subject to the conditions laid down in the
      Annex in financing expenditure incurred by Member States in enforcing the
      Carmunity arrangements for the conservation and management of fishery
      resources .
 2 . The Camnunity 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 Ccmmunity contribution shall not be
      lower than 10% or higher than 50% of the eligible expenditure .
4 . Subject to paragraph 3 , the Ccmnunity may grant advances up to a maximum
      of 25% of eligible expenditure .
 5 . The Council , acting in accordance with the procedure laid down in
      Article 43 of the Treaty , shall decide before 30 June 1994 an the arrange¬
     ments for Ccmnunity participation which shall apply frcm 1 January 1995 .
                                       Article 2
1 . Member States wishing to benefit from Ccnmunity participation in financing
     expenditure shall forward to the Ccmnission by 30 June each year , and on
      tiie first occasion by 30 June 1989 , a schedule containing the information
     specified in paragraph 2 of the Annex .
2 . The Ccmnission shall decide by 31 December each year , and on the first
     occasion by 31 December 1989 , in accordance with the procedure laid down
     in Article 14 of Regulation ( EEC ) No 170/83 establishing a Ccmnunity
     system for the conservation and rranagement of fishery resources (-*-) , on
     the Ccmnunity participation , the eligibility of expenditure and         any
     conditions to which the latter may be subject .
                                       Article 3
This Decision is addressed to the Member States
Done at Brussels
                                                       For the Council ,
                                                        The President
( 1 ) O.J. No L 24 , 27.01.1983 , p. 1
                                                                           J
 ---pagebreak---                                     ЙШЕХ
 The eligible expenditure of Member States my relate to the acquisition
 or modernisation of :
 - vessels and aircraft 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 .
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
    S6r” /.rC6 /
-   in the case of vessels or aircraft or equipment to be installed on
    vessels or aircraft , tine preposed programme of operations for the
    .non!taring and supervision of fishing activities by such vessels or
    aircraft .
Memcer Status 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 .
 ---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 and aircraft , 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 and the volume of landings in its
         ports ;
     - the budgetary capacity and prosperity of the Member State ;
     - the use made by a Member State of any financial aid given under this
         Decision in any previous year ;
     - the extent to which the proposed expenditure would be additional to the
         expenditure which would be made in the absence of Ccnmunity
         participation ;
     - 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 frcm 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 reliablility of the catch figures forwarded by the Member State to
        the Ccmnissian 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 ;
        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 v.rich the
        Cam munity is a Contracting Party .
                                                                             Û
                                                                            J
 ---pagebreak---                                            - 3 -
 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 ccnplied 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
     Ccnmunities . 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 Oormunity legislation .
     The Cormission may request any information which it considers necessary for
      judging whether Ccrmunity legislation on public contracts has been respected .
6 . Member States shall supply the Ccrrmission with any information which it may
     request for the performance of its duties under this Decision .
     Should the Cormission consider that monitoring and supervision facilities
     partially financed by the Cormunity 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 Mother State
     shall then conduct an administrative inquiry in which Cormission officials may
     participate . The Member State shall inform the Cormission of the progress and
     results of the inquiry and provide the Cormission wdth a copy of the report of
     the inquiry and the main points used in the preparation of the report .
     The Cormission may carry out checks on the fulfilment of their duties under
     this Decision by the Member States , which shall provide assistance to the staff
     appointed by the Cormission for this purpose .
     The provisions of this paragraph shall be v/ithout prejudice to Article 12 of
     Regulation ( EEC) No 2241/87 establishing certain control measures for fishing
     activities ( 1 ) .
( 1 ) O.J. No L 207 , 29.07.1987 , p. 1
 ---pagebreak---                       FINANCIAL             STATEMENT
 1.  Budget heading
     Article 411    Financial    contribution for   control  and   surveillance
                    operations in the maritime waters of the Merrber States .
2.  Legal basis
    Article 43 .
3.  Classification of Expenditure
    Compulsory expenditure ( Reimbursement of expenditure incurred by Member
                              States ) .
4.  Description and Grounds
    Proper control of the application of the cannon policy on conservation
    is essential for the preservation of Ocmnunity fish stocks and to ensure
    the credibility of the Ccnmunity in the framework of international
    fisheries agreements .     It falls to each Member State to undertake the
    task of control in its own waters .
    Serious deficiencies have been noted in the field of control , resulting
    partly from the extent of the financial burden ; for certain Member
    States in particular the expenditure has proved to be disproportionate ,
    when taking into account the size of the task of the various Member
    States and the differences in budgetary means and relative prosperity .
    It is therefore appropriate to make provision for a Ccnrnunity financial
    contribution to the costs of expenditure on equipment for control at
    sea , in the air and on land incurred by the Member States which are
    obliged to monitor the application of the Ccnmunity rules on
    conservation .
5.  Type of expenditure and method of calculation
    5.1 .  Type
           Reimbursement of expenditure incurred by Member States in imple¬
          menting the measures covered by this proposal .
    5.2 .  Calculation
           Taking into account the nature of the equipment to be purchased or
          modernized , the Cormission ' s provisional estimate of the total
           costs of the exercise covered by this proposal is of the order of
           350 million ecus .
           The duration of the operation is five years , from 1 January 1990
           to 31 December 1994 .
 ---pagebreak---           Proposals submitted by the Menber States will be evaluated by the
          services of the Commission .
          The whole of the Camnunity contributions will not exceed an annual
          budgetary ceiling of 30 million ecus .
6. Financial conséquence
   It is proposed that the Camnunity makes an annual financial contribution
   of a maximum of 50% of this expenditure from 1 January 1990 to
   31 December 1994 , to a maximum amount of 30 million ecus per year .
   The provisional pattern of expenditure is as follows s
                                         Appropriations for Payment
     Year    Appropriations for
                Commitment         1990   1991   1992   1993   1994
     1990           30              10     10     10
     1991           30                     10     10     10
     1992           30                            10     10     10
     1993           30                                   10     10      10
     1994           30                                          10      20
    TOTAL          150              10     20     30     30     30      30
                             *******
 ---pagebreak---                    BUSINESS AND EMPI0UCNT         STATEMENT
The proposed Decision would have no adverse effects on small and medium-sized
enterprises and would benefit them in two ways :
- by encouraging Member States to invest in fisheries surveillance hardware ,
  which would be purchased in part fran such enterprises ;
- by helping to inprove protection of the Camunity 's fishery resources , for
  the medium and long-term benefit of fishing enterprises .