CELEX: 31985R3722
Language: en
Date: 1985-12-20 00:00:00
Title: Council Regulation (EEC) No 3722/85 of 20 December 1985 on a system of structural aid for the conversion of sardine canning plants

No L 361 / 38                             Official Journal of the European Communities                                   31 . 12 . 85
                                            COUNCIL REGULATION ( EEC ) No 3722 / 85
                                                          of 20 December 1985
                                on a system of structural aid for the conversion of sardine canning plants
  THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                             HAS ADOPTED THIS REGULATION :
 Having regard to the Treaty establishing the European                                             Article 1
  Economic Community , and in particular Articles 42 and
 43 thereof,                                                            To facilitate the adaptation of the sardine canning plants of
                                                                        the Community as constituted on 31 December 1985 ,
                                                                        hereinafter referred to as 'the Community of Ten', to the
 Having regard to the proposal from the Commission (*),
                                                                       new circumstances arising from the accession of Spain and
                                                                       Portugal , the Commission may grant structural aid
 Having      regard    to   the    opinion  of the    European         hereinafter referred to as 'Community assistance', in respect
 Parliament ( 2 ),                                                     of projects satisfying the requirements laid down in this
                                                                       Regulation . Such assistance shall consist of capital grants
                                                                       paid in a lump sum or in instalments .
 Whereas the Accession of Spain and Portugal alters the
 existing equilibrium in the market for canned sardines in
 the Community as at present constituted ;
                                                                                                  Article 2
 Whereas this new context, by altering the conditions of
 competition , affects the situation of sardine canning plants         For the purposes of this Regulation , Community sardine
 in the Community as at present constituted ;                          canning plants , hereinafter referred to as 'canning plants',
                                                                       means undertakings of the Community of Ten , all , or at least
                                                                       a substantial part , as a percentage or as an absolute
 Whereas a three-year structural measure should therefore              quantity , of whose production during the last two years
 be introduced to enable such canning plants to adapt to the           prior to accession , falls within subheading 16.04 D of the
 new situation ;                                                       Common Customs Tariff .
Whereas the said structural measure should aim at the
 conversion of Community sardine canning plants to the
manufacture of other products based on sardines or on                                              TITLE I
other fishery products ; whereas it should also aim at the
permanent cessation of operations of certain existing                                      Descriptive programme
 canning plants ; whereas , subject to certain conditions , it
 should in the long run facilitate the rationalization of
 canned sardine production ;                                                                      Article 3
Whereas Community financial assistance should be made                  1 . The Member States concerned shall draw up
available for projects complying with the aims of this                 descriptive programmes designed to inform the
structural measure ;                                                   Commission of the measures to be implemented under this
                                                                       Regulation .
Whereas such projects should form part of descriptive
programmes of the measures to be undertaken , drawn up                 2 . Each descriptive programme shall comprise at least:
 by the Member States;
                                                                       — a description of the situation of canning plants at the
                                                                           date of accession of Spain and Portugal with particular
 Whereas detailed rules for the granting of such assistance                reference to their production capacity, their
 must be drawn up ;                                                        geographical location and the origin of the sardines
                                                                           which they process ;
Whereas the provisional cost of this structural measure to              — a description and financial appraisal of the conversion
be borne by the Community must be specified ,                               operations to be undertaken ;
                                                                        — the laws , regulations and administrative measures
                                                                            which exist or are planned for carrying out those
                                                                            operations ;
0 ) OJ No C 297 , 20 . 11 . 1985 , p. 3 .
(2 ) Opinion delivered on 13 December 1985 (not yet published in        — a description of the disposal prospects for canned
     the Official Journal).                                                 sardines ;
 ---pagebreak--- 31 . 12 . 85                                Official Journal of the European Communities                                    No L 361 / 39
— a description of the importance of the sardine canning                                                Article 5
      industry for the situation of the region concerned .
                                                                       1 . Projects involving research within the meaning of
3. The Commission shall assess the compatibility of the                Article 4 ( a ) shall be proposed and managed by one or
descriptive programme with :                                           more canning plants or associations of canning plants
                                                                       which possess the necessary qualifications and experience
— the objectives of this measure ;                                     and provide an adequate guarantee as to the satisfactory
                                                                       completion of the work .
— the programme presented by the Member State                          2 . Community assistance for projects shall not exceed
      concerned within the framework of Regulation ( EEC )             50 % of the expenditure resulting from the research work
      No 355 / 77 0 ).                                                 in question . The contribution to be made by the Member
                                                                       State concerned shall be not less than 5 % and that of the
Member States shall , at the request of the Commission ,               beneficiary not less than 10 % of the expenditure
                                                                       involved .
furnish additional data needed to carry out the said
assessment .
                                                                                                        Article 6
4. Throughout the duration of this measure , the Member
                                                                        1 . Projects concerning promotional measures within the
States concerned shall submit annual reports to the                    meaning of Article 4 ( c) shall be proposed by and
Commission on the results and on the evolution of the
                                                                       implemented under the supervision of organizations
situation of canning plants . The said reports shall be                representing the sardine canning industry in one or more
submitted by 1 July of each year at the latest . The first such        Member States . Such measures shall be collective and shall
report shall be submitted by 1 July 1987 at the latest .               not focus on particular brands or canning plants nor refer
                                                                       to a particular country or region of production .
                                 TITLE II
                                                                       2 . Community assistance for the measures referred to in
                                                                       paragraph 1 shall not exceed 50 % of the expenditure
                                                                       concerned . The contribution to be made by the
                                 Projects                              organization in receipt of assistance shall be not less than
                                                                       25 % and the contribution to be made by the Member
                                 Article 4                             State     concerned       not    less    than    5 % of the   said
                                                                       expenditure .
 For the purposes of this Regulation , project means any
 public, semi-public or private project , all or part of which                                          Article 7
 involves physical investments or measures intended to
 secure :                                                               1 . Projects concerning measures relating to the
                                                                       manufacture of new products , the conversion of canning
 (a) research into new products or products derived from               plants , the improvement of distribution networks and the
       sardines , more suited to the requirements of the market        rationalization of existing installations within the meaning
       and whereby the markets of canning plants may be                of Article 4 ( b ), ( e ), ( f) and ( g) shall :
       broadened ;
                                                                       — involve physical investments ;
 (b) the manufacture of such new products or derived
       products ;
                                                                       — afford an adequate guarantee as to their profitability ;
                                                                       — contribute to the lasting economic effect of conversion
  (c) the promotion of consumption of sardines and                           aimed at by this measure ; and
       sardine-based products , including surveys into the
        consumption of such products and market surveys or             — ensure appropriate and lasting participation by
        pilot measures relating to the marketing of such                     producers in the resultant benefits .
        products and, more particularly, the new products
        referred to under ( a );                                       2 . As a proportion of the investment taken into account
                                                                       for assistance , for each project :
  (d) the permanent cessation of operations of existing                ( a ) Community assistance may not exceed :
        canning plants ;
                                                                             — 50 % as regards the measures referred to in
   (e) the conversion of canning plants to the manufacture of                    Article 4 ( b ), ( e), ( f) and ( g);
        other fishery products of Community origin ;                   ( b ) the contribution to be made by the beneficiary shall be
                                                                             not less than :
   (f) the improvement of marketing and distribution
        networks for sardine-based products ;                                — 25 % as regards the measures referred to in
                                                                                 Article 4 ( b ) and ( e),
    (g) the rationalization of canned sardine production units               — 35 % as regards the measures referred to in
         of existing canning plants .                                            Article 4 ( f) and ( g).
                                                                       (c) the contribution to be made by the Member State
                                                                             concerned shall be not less than 5 % .
    0 OjNoL 51 , 23 . 2 . 1977 , p. 1 .
 ---pagebreak---    No L 361 / 40                               Official Journal of the European Communities                                        31 . 12 . 85
   3 . The rationalization measures referred to in Article 4 ( g)                                        Article 12
   must enable the canning plants concerned to become
   competitive on the Community market for canned sardines                  Projects which are eligible for Community aid under other
   by the improvement of their productivity and the quality of              common measures within the meaning of Article 6(1 ) and
   their production but must in no circumstances result in an               ( 2 ) of Regulation ( EEC ) No 729 / 70 ( 2 ) or for aid from the
   increase in the capacity and production of canned sardines               European Regional Development Fund shall not come
   of the production units concerned .                                      within the scope of this Regulation .
                               Article 8
                                                                                                         TITLE IV
   Community aid to projects concerning the permanent
  cessation of operations referred to in Article 4 ( d ) shall                               Financial and general provisions
  consist of the grant of a premium intended to cover the
  expenditure entailed by the complete and definitive closure
  of the production plants concerned .                                                                   Article 13
  The amount of the premium , calculated on the basis of the               1 . Natural or legal persons , or groups thereof, who are
  average production of the production plants concerned                   ultimately responsible for the cost of carrying out a project
 over the last three years preceding that of the permanent                shall be eligible for Community assistance . Assistance shall
 cessation of operations shall be equal to one half of the                be paid through agencies appointed for that purpose by the
 expenditure concerned and may not exceed 150 ECU per                    Member State concerned .
 basis product tonne processed .
 Its payment shall be conditional upon payment by the                     2 . Throughout the period during which Community
 Member State in question of a similar premium .                          assistance is granted , the authority or agency appointed for
                                                                         that purpose by the Member State concerned shall , at the
                                                                         request of the Commission , forward to it all supporting
                               Article 9                                 documents which are evidence that the financial or other
                                                                         conditions laid down for each project have been fulfilled .
 Projects shall form part of the descriptive programme                   The Commission may , if necessary , carry out an
 referred to in Article 3 .                                              on-the-spot check .
                                                                         3 . The Commission may , in accordance with the
                               TITLE III                                 procedure laid down in Article 15 , decide to suspend,
                                                                         reduce or discontinue assistance :
           Procedure for the examination of projects
                                                                         ( a ) if the project is not carried out as planned , or
                              Article 10
                                                                         ( b ) if certain of the conditions laid down are not fulfilled,
 1 . Applications for Community assistance shall be                              or
submitted to the Commission through the Member State
concerned after the latter has delivered a favourable
opinion thereon .                                                        ( c) if the beneficiary, except if the decision to grant
                                                                                 assistance provides , following a reasoned request on his
2 . The Commision shall take decisions once yearly on                            part , for different time limits :
 applications for       assistance in      accordance with the
procedure laid down in Article 15 . Applications for                             — fails to begin the work within one year ;
 assistance shall be submitted not later than 31 May of each
year .
                                                                                 — fails to complete the work within a period of two
                                                                                     years of the date of notification of the Commission
                                                                                     decision .
                              Article 1 1
Applications for Community assistance shall be submitted                 4 . Appropriations made available by a decision taken in
in the form laid down , mutatis mutandis, by Regulation                   accordance with paragraph 3 or because the beneficiary
( EEC ) No 2515 / 85 (*). In addition , they shall contain all            abandons the project or reduces the investment laid down
the particulars needed to verify compliance with the                      in the decision to grant assistance , may be used for the
provisions of this Regulation .                                           financing of other projects .
( ! ) OJ No L 243 , 11 . 9 . 1985 , p. 1 .                                (2 ) OJ No L 94 , 28 . 4 . 1970 , p. 13 .
 ---pagebreak--- 31 . 12 . 85                             Official Journal of the European Communities                              No L 361 / 41
5. The detailed rules for the application of this Article           3 . The Commission shall adopt the measures , which shall
shall be mutatis mutandis, those laid down in Regulation            be immediately applicable . However , if such measures are
(EEC) No 1685 / 78 0 ).                                             not in accordance with the opinion of the Committee , the
                                                                    Commission shall communicate them forthwith to the
                                                                    Council . In that case , the Commission may defer the
                           Article 14
                                                                    application of the measures which it has decided upon for
                                                                    not  more    than   one   month    from   the  date of   such
Applications for assistance submitted to the Commission             communication . The council may , acting by a qualified
but which could not be granted owing to the insufficiency           majority , adopt a different decision within one month .
of the resources available may , with the agreement of the
applicants , be carried forward to the following financial
year by the Member State concerned . Requests that such                                       Article 16
applications be carried forward shall be submitted to the
Commission within a period of 30 days from the date on
which the Member State receives notification of the result          1 . The granting of Community assistance must not affect
of the procedure laid down in Article 15 . An application           the conditions of competition in such a way as to be
for assistance may , however , be carried forward once              incompatible with the principles laid down in the Treaty .
only.
                                                                    2 . Articles 92 , 93 and 94 of the Treaty shall apply in
                                                                    respect of matters covered by this Regulation .
                           Article IS
1 . Where reference is made to the procedure laid down in                                     Article 1 7
this Article, the matter shall be referred to the Standing
Committee for the Fishing Industry , hereinafter referred to        1 . The duration of this measure shall be three years
as the 'Committee', by the chairman thereof, either on his          commencing on 1 January 1986 .
own initiative , or at the request of the representative of a
Member State .
                                                                    2 . The provisional cost to be borne by the Community is
                                                                    estimated at 10 million ECU .
2. The representative of the Commission shall submit a
draft of the measures to be adopted . The Committee shall
 deliver an opinion on those measures within a time limit
 which may be set by the chairman according to the urgency                                    Article 18
 of the matter . The Committee shall take decisions by a
 majority of 54 votes , the votes of the Member States shall        This Regulation shall enter into force on 1 January 1986 ,
 be weighted as provided for in Article 148 ( 2 ) of the            subject to the entry into force of the Treaty of Accession of
 Treaty . The chairman shall not vote .                             Spain and Portugal .
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States .
                  Done at Brussels , 20 December 1985 .
                                                                                         For the Council
                                                                                           The Président
                                                                                           R. STEICHEN
   0 OJNo L 197, 22 . 7 . 1978 , p. 1 .