CELEX: 51986PC0673
Language: en
Date: 1986-11-20
Title: PROPOSAL FOR A COUNCIL DECISION ON FINANCIAL PARTICIPATION BY THE COMMUNITY IN OPERATIONS OF MONITORING AND SUPERVISION OF FISHING ACTIVITIES IN THE WATERS FALLING UNDER THE SOVEREIGNTY OR WITHIN THE JURISDICTION OF PORTUGAL

16.12.86                                 Official Journal of the European Communities                                No C 323/7
                                                                       level of information as that obtained in experiments
                                                                       using animals but which involve fewer animals or which
                                                                       entail less painful procedures, and shall take such other
                                                                       steps as they consider appropriate to encourage research
                                                                       in this field. The Commission and Member States shall
                                                                       monitor trends in experimental methods.
                                                                       2.    The Commission shall report before the end of
                                                                       1987 on the possibility of modifying tests and guidelines
                                                                       laid down in existing Community legislation, taking into
                                                                       account the objectives referred to in paragraph 1.
                                           A n n e x e s I I I , IV and V a r e d e l e t e d
              Proposal for a Council Decision on financial participation by the Community in operations of
              monitoring and supervision of fishing activities in the waters falling under the sovereignty or
                                               within the jurisdiction of Portugal
                                                         COM(86) 673 final
                               (Submitted by the Commission to the Council on 1 December 1986)
                                                             (86/C 323/06)
                                              (Only the Portuguese text is authentic)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                               Whereas 50 % of the expenditure incurred should be
                                                                       financed by the Community subject to a fixed maximum;
Having regard to the Treaty establishing the European
Economic Community and in particular Article 43                        Whereas it is necessary to ensure that facilities as
thereof,                                                               modernized and improved are put to effective use and
                                                                       that expenditure is properly made,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parlia-                   HAS DECIDED AS FOLLOWS:
ment,
                                                                                                Article 1
Whereas prior to the accession of Portugal, the
Community declared that Community support for                          1.    The Community shall participate under the
monitoring and supervising waters falling under the                    conditions laid down in the Annex in financing
sovereignty or within the jurisdiction of Portugal might               expenditure incurred by Portugal in modernizing and
be envisaged (*);                                                      improving its facilities for monitoring and supervising
                                                                       fishing activities in waters falling under Portuguese
Whereas the facilities available to Portugal for                       sovereignty or within Portuguese jurisdiction with a view
monitoring and supervising the waters falling under                    to proper enforcement of the relevant provisions of the
Portuguese      sovereignty      or    within      Portuguese          common fisheries policy.
jurisdiction, with a view to the proper enforcement of
the relevant provisions governing the common fisheries                 2.    The Community shall reimburse 50 % of eligible
policy, require modernization and improvement in order                 expenditure by Portugal incurred from 1 July 1987 to 30
to make them more effective;                                           June 1989, subject to a maximum Community contri-
                                                                       bution of ECU 8 million.
Whereas it is appropriate that the Community participate
                                                                       3.    Subject to paragraph 2, the Community may grant
in financing expenditure incurred by Portugal for such
                                                                       advances to a maximum of 25 % of eligible expenditure.
modernization and improvement;
                                                                                                Article 2
(') OJ No L 302, 15. 12. 1985, p. 493.                                 This Decision is addressed to the Portuguese Republic.
 ---pagebreak--- N o C 323/8                                    Official J o u r n a l of the E u r o p e a n C o m m u n i t i e s        16.12.86
                                                                         ANNEX
             1. The expenditure on facilities for monitoring and supervising waters falling under the sovereignty or
                within the jurisdiction of Portugal which shall be eligible for financing by the Community is expenditure
                in respect of:
                (a) the purchase of equipment for improving and modernizing the fisheries monitoring and supervision
                     capacity of vessels and aircraft;
                (b) the purchase of equipment for improving and modernizing communication between vessels, aircraft
                     and land-based installations engaged in monitoring and supervision of fisheries.
            2. Portugal shall forward to the Commission by 31 March 1987 a detailed programme of expenditure
                covered by paragraph 1. The programme shall include:                                               I
                — technical details of the equipment, its cost and the proposed method of payment;
                — the intended use of the equipment, including date of entry into service;
                — where the equipment is to be used on a vessel or aircraft, the proposed operational programme for
                     monitoring and supervision of fisheries by the vessel or aircraft.
            3. Portugal shall show how the financing of facilities for monitoring and supervision of fisheries will lead
                to an improvement in such monitoring and supervision. After completion of the programme of
                expenditure Portugal shall report on the use made of the equipment, indicating what has been the
                resulting improvement in monitoring and supervision.
            4. Within two months of receipt of the programme referred to in paragraph 2 the Commission shall decide
                on the eligibility of the proposed expenditure.
            5. Reimbursement of expenditure and payment of advances is conditional upon compliance with the
                provisions of Council Directive 77/62/EEC ('). Payment of advances may only be made upon proof
                that the expenditure is the subject of a binding contract.
            6. Portugal shall furnish the Commission with all the information which it may request in order to enable
                it to carry out its functions under this Decision.
                If the Commission considers that the control facilities for which Community financial aid was granted
                under this Decision are not being used for the purposes intended and in accordance with the conditions
                of this Decision, Portugal shall be so informed. Portugal shall then conduct an administrative inquiry in
                which Commission officials may participate. Portugal shall inform the Commission of the progress and
                results of the inquiry and provide the Commission with a copy of the report of the inquiry and the main
                points used in the preparation of the report.
                The Commission may make inspections to verify application of this Decision by Portugal, which shall
                assist the officials designated by the Commission for this purpose.
                The provisions of this paragraph are without prejudice to the provisions of Article 12 of Council Regu-
                lation (EEC) N o 2057/82 (2).
            (') O J N o L 13, 15. 1. 1977, p. 1.
            C) OJ No L 220, 29. 7. 1982, p. 1.