CELEX: 51993PC0124(04)
Language: en
Date: 1993-04-07
Title: Proposal for a COUNCIL REGULATION (EEC) laying down provisions for implementing Council Regulation (EEC) No 2052/88 as regards the Financial Instrument for Fisheries Guidance

NoC 121 / 16                            Official Journal of the European Communities                                      1 . 5 . 93
     — pilot projects for adjusting agricultural structures          11 . Article 11 is replaced by the following :
         and promoting rural development,                                 'Article 11
     — demonstration projects, including projects for                     Regulation (EEC) No 729 /70, with the exception of
         developing and exploiting forests, to show the                   Article 1 ( 1 ) to (3) shall no longer apply as regards
          real possibilities of systems, methods and tech­                EAGGF, Guidance Section, subject to the implemen­
         niques of production and management which are                    tation of Article 15 of Regulation (EEC) No
          in accordance with the objectives of the common                 2052/ 88 and Article 33 of Regulation (EEC) No
         agricultural policy,                                             4253 / 88 .'
     — the measures needed for the circulation, at                                               Article 2
         Community level, of the knowledge, experience
         and results of the work on rural development               Without prejudice to Article 33 of Council Regulation
         and improving agricultural structures.                     (EEC) No 4253/88, with a view to achieving the
                                                                    objectives referred to in Regulation (EEC) No 2052/88
                                                                    and in the light of the rules, in particular those relating
     2. Measures implemented on the initiative of the               to programming, laid down by Regulations (EEC) No
     Commission may be financed, exceptionally, at the              2052 / 88 and 4253/ 88 and of Regulation (EEC) No
     rate of 100 % ; those implemented by the                       4256/88, the Council, acting on a proposal from the
     Commission itself shall be financed at the rate of             Commission in accordance with the procedure laid down
      100 % . For other measures, the rates given in Article        in Article 43 of the Treaty, shall decide before 31
      13 of Regulation (EEC) No 2052/88 shall apply.'               December 1993 on the adjustment of the common
                                                                    measures financed under Article 2 of Regulation (EEC)
                                                                    No 4256/ 88 .
 10. Article 10 is replaced by the following :
                                                                                                 Article 3
     'Article 10
                                                                   This Regulation shall enter into force on the third day
     The provisions on information and publicity referred           following its publication in the Official Journal of the
     to in Article 32 of Regulation (EEC) No 4253/ 88               European Communities.
     concerning EAGGF (Guidance Section) assistance
     shall be adopted by the Commission and published              This Regulation shall be binding in its entirety and
     in the Official Journal ofthe European Communities '          directly applicable in all Member States.
               Proposal for a Council Regulation (EEC) laying down provisions for implementing Council
                Regulation (EEC) No 2052/88 as regards the Financial Instrument for Fisheries Guidance
                                                         (93/C 121 / 10)
                                                COM(93) 124 final — SYN 457
                                        (Submitted by the Commission on 7 April 1993)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                           Whereas the common fisheries policy supports the
                                                                   general objectives of Article 39 of the Treaty; whereas in
                                                                   particular Council Regulation (EEC) No 3760/92 of 20
Having regard to the Treaty establishing the European              December 1992 establishing a Community system for
Economic Community, and in particular Article 43                   fisheries and aquaculture (') contributes towards
thereof,                                                           achieving a balance between conservation and the
                                                                   management of resources, on the one hand, and the
                                                                   fishing effort and the stable and rational exploitation of
Having regard to the proposal from the Commission,                 those resources on the other;
                                                                  Whereas fisheries structural measures should contribute
Having regard to the opinion of the European                      to the attainment of the objectives of the common
Parliament,
                                                                   fisheries policy and the objectives of Article 130a ;
Having regard to the opinion of the Economic and
Social Committee,                                                 O OJ No L 389, 31 . 12. 1992, p. 1 .
 ---pagebreak---  1 . 5 . 93                             Official Journal of the European Communities                              NoC 121 / 17
Whereas the incorporation of structural measures in the           processed and marketed (4) ; whereas, therefore, these
fisheries and aquaculture sector into the operational             Regulations should be repealed and the detailed rules
framework resulting from the reform of the Structural             necessary for a transition preventing an interruption in
Funds as laid down in Council Regulation (EEC) No                 structural aid should be laid down ;
2052/88 of 24 June 1988 on the tasks of the Structural
Funds and their effectiveness and on coordination of              Whereas, however, Regulation (EEC) No 4028 /86
their activities between themselves and with the opera­           establishes in a uniform manner the maximum amounts
tions of the European Investment Bank and the other               of aid which can be granted to each individual project
existing financial instruments (*), as amended by Regu­           directly contributing to priority requirements of the
lation (EEC) No . . . /93 , and Council Regulation (EEC)          common fisheries policy; whereas the Council must
No 4253/88 of 19 December 1988 laying down                        continue to establish these maximum amounts in a
provisions for implementing Regulation (EEC) No                   uniform manner,
2052/88 as regards coordination of the activities of the
different Structural Funds between themselves and with
                                                                  HAS ADOPTED THIS REGULATION :
the operations of the European Investment Bank and the
other existing financial instruments (*), as amended by
Regulation (EEC) No . . ./93, should improve the                                               Article 1
synergy of Community operations and enable a more
coherent contribution to be made to the strengthening of           1 . The structural measures implemented under this
economic and social cohesion ;                                    Regulation in the fisheries and aquaculture sector and
                                                                  the industry processing and marketing their products
Whereas the tasks of the Financial Instrument for                 (hereinafter referred to as 'the sector*) shall support the
Fisheries Guidance (FIFG) should be defined on the                general objectives of Articles 39 and 130a of the Treaty
basis of its contribution to the achievement of Objective         and the objectives set out in Regulations (EEC) No
                                                                  3760 /92 and No 2052 / 88 .
5 (a) as defined in Article 1 of Regulation (EEC) No
2052 / 88 ;
                                                                  2.      The tasks of the FIFG shall be :
Whereas the Community should provide financial                    (a) to contribute to a rational and responsible
assistance in those fields which are crucial for the
                                                                        management of marine resources and seek to
structural adaptation necessary to achieve the objectives               establish a durable balance between available and
of the common fisheries policy; whereas, furthermore,                   accessible resources and fishing capacities ;
aid measures in this sector should be subject to
compliance with the objectives of balance between                 (b) to strengthen the competitiveness of structures and
resources and fishing effort ;                                          the development of economically viable businesses in
                                                                        the fisheries sector ;
Whereas the structural measures ensuring the coherence
of the common fisheries policy require differentiated,            (c) to improve market supply and the value added to
multiannual programming ;                                               fisheries and aquaculture products.
                                                                  Furthermore the FIFG shall contribute towards technical
Whereas the Council should lay down at a later date
general criteria and priorities for Community assistance          assistance and information measures, and support studies
in order to guarantee the coherence of the common                 and pilot projects for the adaptation of fisheries
                                                                  structures .
fisheries policy ;
Whereas the Commission should lay down at a later date                                         Article 2
detailed implementing rules and administrative
procedures ; whereas the management committee for                 1 . FIFG assistance may be granted for the implemen­
Objective 5 (a) (adaptation of fisheries structures)              tation of measures directly contributing towards ensuring
referred to in Article 17 ( 1 ) of Regulation (EEC) No
                                                                  compliance with the requirements of the common
2052/ 88, should participate in this;                             fisheries policy and, more particularly, compliance with
                                                                  the decisions taken pursuant to Articles 8 and 11 of
                                                                  Regulation (EEC) No 3760/92, in particular in the
Whereas the measures provided for will coincide with              following fields :
the scope of Council Regulation (EEC) No 4028/86 of
18 December 1986 on Community measures to improve                 — adaptation of fishing capacities and regulation of
and adapt structures in the fisheries and aquaculture                  fishing activities ,
sector (3) and Council Regulation (EEC) No 4042/89 of
19 December 1989 on the improvement of the conditions             — reorientation of fishing activities towards resources in
under which fishery and aquacultre products are                       waters under the sovereignty or jurisdiction of third
                                                                       countries,
(') OJ No L 185 , 15 . 7 . 1988 , p. 9.
O OJ No L 374 , 31 . 12 . 1988 , p. 1 .
O OJ No L 376 , 31 . 12 . 1986 , p. 7 .                           (4) OJ No L 388 , 30. 12. 1989, p. 1 .
 ---pagebreak--- No C 121 / 18                         Official Journal of the European Communities                                     1 . 5 . 93
— controlling fishing activities, in particular by fitting      — concerted action to remedy particular difficulties
    special equipment on board vessels.                             affecting specific aspects of the sfector,
2. The provisions of Article 13 (3) of Regulation               — schemes to disseminate information .
(EEC) No 2052/88 and of Article 17 of Regulation
(EEC) No 4253/88 shall apply to measures referred to in         2. Measures referred to in paragraph 1 and
paragraph 1 . However the aid granted to each individual        implemented at the Commission's initiative can excep­
project under measures referred to in paragraph 1 shall         tionnally be financed at a rate of 100% ; those
not exceed the maximum amount to be established                 implemented by the Commission itself shall be financed
pursuant to the procedure referred to in Article 8 .            at the rate of 100 % .
                         Article 3
                                                                                            Article 5
1 . The FIFG may contribute towards the funding of               1.   In particular, and in addition to information
investments and operations in support of one or more of         referred to in Article 11 (2) of Regulation (EEC) No
the tasks referred to in Article 1 (2), in particular in the    2052/88 , each plan for the actions in fisheries structures
following fields :                                              shall include a description of the various fields referred
— renewal and modernization of the fishing fleet,               to in Articles 2 and 3 ; it shall take account in particular
                                                                of decisions adopted pursuant to Articles 8 and 11 of
— development and rationalization of off-shore and              Regulation (EEC) No 3760 /92 .
    land-based aquaculture,
                                                                2. In accordance with Article 11 (2) of Regulation
— development of coastal sea areas with a view to               (EEC) No 2052/88 and with Article 5 (2) of Regulation
    protecting or developing marine resources,                  (EEC) No 4253 / 88 , the Member States shall include
— improvement in the quality of facilities for landing          with their plan's applications for operational programmes
    fishery products,                                           and other forms of assistance that they cover.
— adding value to fishery products by improving the                                         Article 6
    conditions under which they are marketed and
    processed and by promoting them.                            In accordance with Article 10 ( 1 ) of Regulation (EEC)
                                                                No 4253/88, the adoption of the Community support
2. In particular, the investments and operations                framework and the granting of aid can be governed by a
referred to in paragraph 1 may cover the operating              single Commission decision.
conditions on board vessels, an improvement in the
selectivity of fishing methods and gear, an improvement                                    Article 7
in product quality, and the introduction of Community
standards for product hygiene, for health and safety at         1.    The Commission shall decide on FIFG assistance
the workplace, and for environmental protection.                on the terms laid down in Article 14 of Regulation
                                                                (EEC) No 4253 / 88 .
3.    The contribution of the FIFG referred to in
paragraph 1 may also cover structuring measures aimed           2. The intermediate authority or body referred to in
at strengthening professional cohesion and its level of         Article 14 ( 1 ) and Article 16 ( 1 ) of Regulation (EEC) No
organization and which contribute to the implementation         4253 / 88 and the Member State concerned shall be
by the profession itself of actions of collective interest.     notified of the decisions referred to in paragraph 1 .
4.    The rates of aid referred to in Article 13 (3) of
                                                                                           Article 8
Regulation (EEC) No 2052/ 88 and in Article 17 (3) of
Regulation (EEC) No 4253/88 shall apply to investments          Without prejudice to Article 33 of Regulation (EEC) No
and operations referred to in this Article.                     4253/88 and Article 11 of this Regulation, the Council,
                                                                acting on a proposal from the Commission in accordance
                         Article 4                              with the procedure laid down in Article 43 of the Treaty,
                                                                shall adopt not later than 31 December 1993 the general
1.    Within the fields specified in Articles 2 and 3 and       criteria and the Community assistance priorities provided
up to a maximum of 3 % of the budget funds available            for in this Regulation and the maximum amounts
annually for structural measures in the sector, the FIFG        referred to in Article 2 (2).
may finance :
— studies, pilot projects and demonstration projects,                                      Article 9
— the provision of services and technical assistance for        In accordance with the procedure laid down in Article
    the purposes in particular of preparing, ac­                10, the Commission shall adopt :
    companying and assessing the implementation of this
    Regulation,                                                 — detailed rules for implementing this Regulation,
 ---pagebreak---  1 . 5 . 93                            Official Journal of the European Communities                          No C 121 / 19
— detailed rules necessary for establishing the data                                       Article 12
      bases required for implementing and assessing the
      measures provided for in this Regulation.                   1.    With effect from 1 January 1994, Regulations
                                                                  (EEC) No 4028 / 86 and (EEC) No 4042 / 89 and the
                         Article 10
                                                                 provisions establishing the detailed rules of their
                                                                 implementation, with the exception of Commission
 1 . Pursuant to Article 17 of Regulation (EEC) No               Regulation (EEC) No 163 / 89 and decisions adopting the
2052/88 and Article 29 (2) of Regulation (EEC) No                multiannual guidance programmes for fishing fleets for
4253/88 , a Standing Committee for the Fishing Industry          the period 1993 to 1996, are hereby repealed.
under the auspices of the Commission is hereby estab­            However :
lished, consisting of representatives of the Member
States, under the chairmanship of a representative of the        — they remain valid for applications introduced before
Commission. The EIB shall designate a representative                  this date,
who shall not vote. The Committee shall draw up its
own rules of procedure .                                         — decisions on grant aid relating to projects introduced
                                                                      in 1993 under Regulation (EEC) No 4028 / 86 but
2.       Where the procedure laid down in this Regulation            which do not fall within a plan referred to in Article
is to be followed, the chairman shall refer the matter to             6 of this Regulation, can only be taken until 1 July
the Committee either on his own initiative or at the                  1994 .
request of the representative of a Member State. The
representative of the Commission shall submit to the             Applications pursuant to Regulation (EEC) No 4028 / 86
Committee a draft of the measures to be taken. The               for which no aid decision has been taken by 1 July 1994
Committee shall deliver its opinion on the said draft            shall be considered null and void. However, the
within a time limit which the chairman may lay down              measures and projects provided for in such applications
according to the urgency of the matter under                     may be incorporated into the sectoral plans provided for
consideration. The opinion shall be delivered by the             in Article 5 of this Regulation.
majority laid down in Article 148 (2) of the Treaty in the
case of decisions which the Council is required to adopt         2.     Commitments and/or the balances of commitments
on a proposal from the Commission. The votes of the              entered as aid for projects adopted by the Commission
representatives of the Member States within the                  before 1 January 1989 under Regulation (EEC) No
Committee shall be weighted in the manner set out in             4028/86, and for which no final application for payment
that Article . The chairman shall not vote .                     has been submitted to the Commission before             31
The Commission shall adopt measures which shall apply            December 1994, shall be cancelled and automatically
immediately. However, if these measures are not in               released by the Commission on 30 June 1995 at the
                                                                 latest.
accordance with the opinion of the Committee, they
shall be communicated by the Commission to the                   Commitments and/ or the balances of commitments
Council forthwith . In that event, the Commission may            entered as aid for projects adopted by the Commission
defer application of the measures which it has decided           between 1 January 1989 and 30 June 1994 under Regu­
for a period of not more than one month from the date            lation (EEC) No 4028 / 86 and for which no final
of such communication. The Council, acting by a                  application for payment has been submitted to the
qualified majority, may take a different decision within a       Commission within six years from the date of decision
time limit of one month .
                                                                 granting the aid, shall be cancelled and automatically
The opinions of the Committee shall be communicated              released by the Commission not later than six years and
to the committees referred to in Articles 27, 28 and* 29         six months after the date of aid grant.
( 1 ) of Regulation (EEC) No 4253 /88 .                          Cancellations and automatical releases referred to in this
3.       The Committee provided for in this Article shall        paragraph shall not apply in the case of events beyond
replace the committee established in Article 11 of               the control of the beneficiaries, nor if the beneficiaries
Council Regulation (EEC) No 101 /76 of 19 January                shall have exceptionnally obtained an extension of the
1976 in all functions conferred upon it pursuant to that         deadline for the implementation.
Regulation.
                                                                                          Article 13
                         Article 11
                                                                 This Regulation shall enter into force on the third day
The provisions on information and publicity referred to          following its publication in the Official Journal of the
in Article 32 of Regulation (EEC) No 4253/ 88                    European Communities.
concerning FIFG assistance shall be adopted by the
Commission and published in the Official Journal of the          This Regulation shall be binding in its entirety and
European Communities.                                            directly applicable in all Member States.