CELEX: 31986R4028
Language: en
Date: 1986-12-18 00:00:00
Title: Council Regulation (EEC) No 4028/86 of 18 December 1986 on Community measures to improve and adapt structures in the fisheries and aquaculture sector

Avis juridique important

|

31986R4028

Council Regulation (EEC) No 4028/86 of 18 December 1986 on Community measures to improve and adapt structures in the fisheries and aquaculture sector  

Official Journal L 376 , 31/12/1986 P. 0007 - 0024

COUNCIL REGULATION (EEC)  N° 4028/86 of 18 December 1986 on Community measures to improve and adapt structures in the  fisheries and aquaculture sectorTHE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular  Articles 42 and 43 thereof, Having regard to the Act of Accession of Spain and Portugal, and in particular Article 155  thereof, Having regard to the proposal from the Commission(1), Having regard to the opinion of the European Parliament(2), Whereas the common measure for restructuring, modernizing and developing the fishing industry and  for developing aquaculture, introduced by Regulation (EEC) N° 2908/83(3), as amended by Regulation  (EEC) N° 3733/85(4), the measures to encourage exploratory fishing and cooperation through joint ventures  in the fishing sector, introduced by Regulation (EEC) N° 2909/83(5), as amended by Regulation (EEC)  N° 3727/85(6) and the measures to adjust capacity in the fishing sector, introduced by Directive  83/515/EEC(7), as amended by Directive 85/590/EEC(8), expire at the end of 1986; Whereas the continued improvement of the structural situation in the sector is indispensable for  the development of a common fisheries policy and thus constitutes onse means of achieving in this  sector the aims of Article 39 (1) (a), (b) and (d) of the Treaty; whereas, therefore, the  structural measures to bring about such improvement must be based on a Community approach and on  Community criteria; Whereas experience has shown the value of bringing the various structural measures together within  a single legislative framework applicable for a sufficiently long period for the establishment of a  stable and durable policy; whereas, therefore, provision should also be made so that such measures  can receive Community financial assistance within the framework of a multiannual budget  allocation; Whereas the basic guidelines of the new structural policy for the fisheries sector must not only  take account of the results achieved and the experience gained in the past but must also be defined  in terms of the new circumstances obtaining in the sector, which has become more important  following the accession of Spain and Portugal to the Community ; whereas, in view of this new  situation, the structural policy must be primarily concerned with the balanced exploitation of  internal resources in Community waters; whereas, moreover, since the Community has a deficit in  fish products, it must endeavour to find new sources of supply, in particular by increasing its  fishing possibilities and by extending its activities in the aquaculture sector; whereas, moreover,  in line with the provisions of Article 39 (2) of the Treaty, the structural policy must take broad  account of the economic and social environment, in the fishing industry and must be capable of  adjustment, where necessary, in the light of the diversity or seriousness of certain structural problems at regional level; Whereas the considerations outlined above and the operating conditions in the fisheries sector mean  that any structural policy organized at Community level and supported with public funds should be  pursued with a view to ensuring the proper functioning of the common fisheries policy as a whole;  whereas, however, this support could be more effective if provisions were made for forms of  financing more suited to the various specific situations within the sector and facilitating the  access of operators to investment capital whilst improving the economic reliability of  undertakings; whereas, moreover, such new forms of aid would strengthen the impact of Community  measures and should therefore be given priority; Whereas structural measures must as far as possible be implemented within the framework of  multiannual guidance programmes ensuring, in respect of each Member State, that the Community  measures are consistent with national measures and that the latter are compatible with the  objectives of the common policy; whereas such programmes must be compatible with the objectives and  instruments of regional policy; whereas such programmes must include an in-depth analysis of the  situation in each Member State, so that the Commission can assess the overall structural situation  at the outset, and forecasts for the development of production capacity in the medium term; whereas  it must be possible for the Commission to alter its assessment during the course of the programme's  implementation to take account of actual structural developments in each Member State; whereas, to  this end, Member States must be required to provide the Commission with all the necessary data and  to take all the steps necessary to ensure that the implementation of programmes can be monitored; Whereas, to reduce the economic insecurity of fishermen, the Community fleets must continue to be  restructured, undergoing economically appropriate renewal or modernization in line with the actual  catch possibilities in Community and non-Community waters, to ensure the optimum long-term  productivity of these fleets and to enhance the economic viability of undertakings; Whereas experience has shown that the development of aquaculture has helped to improve the position  as regards the supply of fish products; whereas, therefore, further encouragement should be given  to this sector; Whereas coastal areas should be protected by the provision of artificial structures to facilitate  restocking and, once fishing has been halted for a certain period, to ensure optimum exploitation  of such zones; Whereas no stable balance can exist between fishing capacity and the fish stocks available; whereas  steps must therefore be taken to eliminate excess fishing capacity; whereas, to this end, provision  should be made for Community assistance for schemes to encourage the temporary or permanent  withdrawal of vessels from fishing activities; Whereas it is also necessary to maintain, or even improve, fishing possibilities outside the waters  covered by the Community legislation on fishing; whereas this objective may be achieved by direct  Community aid for exploratory fishing projects or temporary joint ventures; Whereas, to improve the ways in which fisheries products are produced, landed and offered for sale,  it is necessary to widen the scope of the measures introduced by Council Regulation (EEC) N° 355/77  of 15 February 1977 on common measures to improve the conditions under which agricultural and  fishery products are processed and marketed(1), as last amended by Regulation (EEC) N° 2224/86(2),  and thus provide specific aid for investments in facilities at fishing ports; whereas such  investments must be made as part of an overall project covering the entire fishing port concerned;  whereas such projects must primarily be financed under Regulation (EEC) N° 355/77; whereas special  procedural provisions are necessary for this purpose; Whereas measures are required to promote the consumption of products derived from surplus or  underfished species; whereas, for this purpose, provision should be made for direct Community aid  for collective projects in this field; Whereas certain regional or sectoral situations may necessitate the implementation of specific  measures for which no provision has yet been made; whereas, to this end, provision must be made for  a flexible procedure so that such specific measures can be rapidly adopted; whereas such measures  should be consistent, in the regions in which they are implemented, with the other Community  structural measures applicable outside the fisheries sector; Whereas, to ensure maximum transparency in the management of all these structural measures,  administrative constraints should be reduced and procedures should be simplified; Whereas measures must be taken to prevent and to prosecute any irregularities and to recover the  sums lost as a result of any such irregularity or of negligence; whereas provision should also be  made so that Community financing can be suspended, reduced or discontinued; Whereas thorough checks must be made on Community expenditure; whereas, in addition to the checks  which Member States make on their own behalf and which will continue to be essential, provision  should be made so that Commission staff can verify expenditure and so that the Commission has the  option of calling on the services of the Member States; Whereas provision should be made for the adjustment of certain criteria in accordance with the  simplified procedure so that they can be brought closer into line with developments in a situation  which is subject to fluctuation to no small degree; Whereas the transition to the arrangements laid down in this Regulation must be as smooth as  possible; whereas, to this end, certain transitional measures may prove necessary, whereas,  therefore, provision should be made so that the appropriate measures can be adopted by a rapid  procedure subject to a time limit, HAS ADOPTED THIS REGULATION: Article 1 1.  In order to facilitate structural change in the fisheries sector within the  guidelines of the common fisheries policy, the Commission may, subject to the conditions laid down  in this Regulation, grant Community financial aid for measures of the following types: (a)the restructuring, renewal and modernization of the fishing fleet; (b)the development of aquaculture and the establishment of protected marine areas with a view to  improved management of inshore fishing grounds; (c)the reorientation of fishing activities by means of exploratory fishing voyages and temporary  joint ventures; (d)the adjustment of fishing capacity by the temporary or permanent withdrawal of certain vessels  from fishing activities; (e)the provision of facilities at fishing ports with a view to improving the conditions in which  products are obtained and landed; (f)the search for new outlets for products derived from surplus or underfished species. 2.  The measures specified in paragraph 1 (a), (b) and (d) must form part of the multiannual  guidance programmes referred to in Title I. 3.  The measure specified in paragraph 1 (e) must form part of the specific programmes referred to  in Article 2 of Regulation (EEC) N° 355/77. TITLE I Multiannual guidance programmes Article 2 1.  For the purposes of this Regulation, 'multiannual guidance programme' (hereinafter  referred to as 'programme') means a set of objectives, together with a statement of the means  necessary for attaining them, as a guide for the development of the fisheries sector in the overall  long-term context. 2.  Programmes must be particularly designed: (a)to establish a viable fishing fleet in line with the economic and social needs of the regions  concerned and the foreseeable catch potential in the medium term; (b)to adjust fishing activities to changes in consumer demand and to provide regular supplies for  the market; (c)to take account of the socio-economic consequences and the regional impact of developments  foreseen in the sector concerned; (d)to develop technically viable and profitable facilities for the farming of fish, crustaceans or  molluscs. 3.  Programmes must cover the entire sector in the Member State concerned and must include at least  the information listed in Annex I. 4.  The Commission, acting in accordance with the procedure laid down in Article 47, may supplement Annex 1. Article 3 1.  At the latest by 30 April 1987, Member States shall forward to the Commission a  programme concerning their fishing fleet and a programme concerning aquaculture and the provision  of protected marine areas. 2.  The programmes referred to in paragraph 1 shall cover the period from 1 January 1987 to 31  December 1991. 3.  N°t later than eight months before the expiry of the programmes referred to in paragraph 1,  Member States shall forward to the Commission new programmes covering the period from 1 January  1992 to 31 December 1996. Article 4 1.  At the request of the Commission, the Member State to which a programme relates  shall provide additional data for assessment in the context of the information required under  Article 2. 2.  The Commission shall consider whether, having regard to foreseeable developments in fishery  resources and the market for fisheries and aquaculture products and having regard to the measures  adopted under the common fisheries policy and the guidelines for that policy, programmes fulfil the  conditions laid down in Article 2 and may constitute a framework for Community and national  financial assistance to the sector in question. 3.  N°t later than six months after each programme has been forwarded, the Commission shall, acting  in accordance with the procedure laid down in Article 47, decide whether or not to approve it. Article 5 1.  For the purposes of the monitoring of programmes, Member States shall send to the  Commission each year before 1 April a summary report on the state of progress of their programmes.  They shall also forward to the Commission the information necessary for the preparation and  management of the Community index of fishing vessels. 2.  At the request of the Member State concerned or the Commission, any approved programme may be  reviewed and, if necessary, amendments made thereto. 3.  The Commission shall decide whether to approve the amendments referred to in paragragh 2,  acting in accordance with the procedure laid down in Article 47. 4.  Detailed rules for applying paragraph 1 shall be adopted by the Commission in accordance with  the procedure laid down in Article 47. TITLE II Restructuring and renewal of the fishing fleet Article 6 1.  The Commission may grant Community financial aid subject towards public,  semi-public or private projects for material investments relating to the purchase or construction  of new fishing vessels. 2.  To qualify for aid, the projects referred to in para- graph 1 must: (a)form part of a programme referred to in Article 2 and approved by the Commission; (b)relate to vessels measuring not less than nine metres in length between perpendiculars, this  limit being raised to 12 metres in the case of vessels capable of trawling; (c)offer a satisfactory guarantee of yielding a profit. Article 7 1.  For each project and in relation to the amount of investment eligible for aid, the  aid provided for Article 6 and the financial contribution by the Member State concerned must be  granted at the rates shown in Annex II. The rates for Community aid shown in Annex II shall be  increased by five percentage points where the beneficiary or one of the beneficiaries: (a)is a sea-fisherman not having reached 40 years of age on the date when the project is first  submitted to the Commission and has never, until that date, had a majority holding in another  fishing vessel; (b)is the owner, at the time when the aid is paid, of at least 40 % of the vessel to which the  project relates or assumes, at this date, as manager and personally, the total responsibility for  the fishing enterprise in question; (c)undertakes to remain, except in cases of force majeure, aboard the same vessel as its skipper  for at least five ears as from the date of commissioning. 2.  Detailed rules for applying this Article shall be adopted by the Commission in accordance with  the procedure laid down in Article 47. Article 8 1.  Member States shall ensure: -that projects relate to vessels which have the necessary equipment for fishing operations and crew  safety, -that projects are implemented by natural or legal persons who have sufficient occupational  competence for the exercise of fishing activities, particular account being taken of their  vocational training in the case of natural persons. 2.  The aid provided for in Article 6 shall be granted on a priority basis to projects relating to  the purchase or construction of vessels; (a)on which the person with the majority holding acts as skipper and which replace vessels more  than 15 years old; (b)which are intended to replace vessels lost as a result of accident or wreck, irreparably  demaged, broken-up or permanently withdrawn from fishing activities in the Community. 3.  The replaced vessels referred to in paragraph 2 must not have qualified for the final cessation  premium referred to in Article 22. TITLE III Modernization of the fishing fleet Article 9 1.  The Commission may grant Community financial aid for measures implemented by Member  States to modernize, the fishing fleet. 2.  To qualify for aid, the measures referred to in paragraph 1 must: (a)cover, within a given Member State, a number of public, semi-public or private projects for  material investments in the modernization or conversion of operational fishing vessels; (b)from part of a programme referred to in Article 2 and approved by the Commission. 3.  Member States shall ensure that the projects referred to in paragraph 2 (a): (a)relate to vessels measuring not less than 9 metres in length between perpendiculars, this limit  being raised to 12 metres in the case of vessels capable of trawling; (b)relate to the rationalization of fishing operations, better storage of catches, energy-saving or  the improvement of working conditions and crew safety; (c)are substantial and comprise investments eligible for aid of not less than 25 000 ECU per  project, this limit being lowered to 12 000 ECU in the case of projects relating to vessels  measuring between 9 and 12 metres in length between perpendiculars; (d)relate to work to be carried out in the Community; (e)do not exceed 50 % of the value of a new vessel of the same type as the vessel concerned; (f)relate to vessels having the necessary equipment for fishing operations and crew safety; (g)are implemented by natural or legal persons possessing sufficient occupational competence for  the exercise of fishing activities, particular account being taken of their vocational training in  the case of natural persons. Article 10 1.  For each project and in relation to the amount of investment eligible for aid, the  aid provided for in Article 9 and the financial contribution by the Member State concerned must  correspond to the rates shown in Annex II. 2.  Detailed rules for applying this Title, and in particular definitions of the eligible  investments referred to in Article 9 (3) (c), shall be adopted by the Commission in accordance with the procedure laid down in  Article 47. TITLE IV Development of aquaculture and structural works in coastal waters Article 11 1.  The Commission may grant Community financial aid for public, semi-public or  private projects relating to: (a)physical investments in the construction, equipment or modernization or extension of  installations for the farming of fish, crustaceans or molluscs; (b)measures to protect and make fuller use of coastal marine areas by the installation, not deeper  than the 50 metre isobath, of fixed or movable structures for the delimitation of the protected areas and  for the protection or development of fishery resources. 2.  To qualify for aid, the projects referred to in para- graph 1 must: -form part of a programme referred to in Article 2 and approved by the Commission, -relate to investments totalling more than 50 000  ECU. 3.  The projects referred to in paragraph 1 (a) must also: -be for a purely commercial purpose, -be implemented by natural or legal persons possessing sufficient occupational competence, -offer a satisfactory assurance of yielding a profit in due course. 4.  Member States shall ensure that shellfish-farming projects are implemented at locations where  the water quality is maintained in accordance with the relevant applicable national or Community  provisions. 5.  The projects referred to in paragraph 1 (b) must also: -provide for the scientific monitoring of the measures for at least three years, including the  assessment and verification of changes in fishery resources within the marine area concerned, -be accompanied by a three-year prohibition on all fishing activities in the protected area  including fishing with fixed gear or direct harvesting, -be implemented by a recognized producers' organization, a production cooperative or a body  appointed for this purpose by the competent authority in the Member State concerned. Article 12 1.  For each project and in relation to the amount of investment eligible for aid, the  aid provided for in Article 11 and the financial contribution by the Member State concerned must be granted at the  rates shown in Annex III. The rates for Community aid shown in Annex III shall be raised by five  percentage points in the case of mariculture, mussel-farming or shellfish-farming projects which  are implemented within the framework of redeployment schemes for sea-fishermen and which provide  for the scrapping of operational fishing vessels. 2.  The amount of investment eligible for aid as referred to in paragraph 1 shall not exceed ECU 3  million, in the case of aquaculture projects comprising the construction of hatchery and on-growing  units and ECU 1,8 million in the case of other projects. 3.  If necessary, detailed rules for applying this Article shall be adopted by the Commission in  accordance with the procedure laid down in Article 47. TITLE V Exploratory fishing Article 13 For the purposes of this Title, 'exploratory fishing voyage' means any fishing  operation carried out for commercial purposes in a given area with a view to assessing the  profitability of regular, long-term exploitation of the fishery resources in that area. Article 14 1.  The Commission shall grant Community financial aid to projects for exploratory  fishing voyages: (a)to waters which do not fall within the sovereignty or jurisdiction of any State, or (b)to waters which fall within the sovereignty or jurisdiction of a third country with which the  Community has concluded or is negotiating a fishing agreement and to waters adjacent to the  territory of Member States where no provisions of the Community legislation on fishing are  applicable, or (c)to waters under the sovereignty or jurisdiction of a Member State. 2.  To qualify for Community aid, the projects referred to in paragraph 1 must also: (a)relate to fishing vessels measuring more than 18 metres in length between perpendiculars; (b)relate to voyages lasting for at least 60 days of fishing per year and per vessel in one or more  sailings; (c)relate to fishing zones where, on the basis of an estimate of potential fishery resources,  stable and profitable exploitation seems possible in the long term; (d)provide for the presence on board of one or more scientific observers approved by the Member  State concerned or, should this be impossible, for the participation of a scientific institute in  the preparation of the voyage and in the processing of the results obtained. 3.  A project may comprise several successive voyages to the same fishing zone with a view to  establishing the basis for the stable long-term exploitation of that zone. 4.  Priority shall be given to projects: (a)which are organized by ship-owners who form a partnership for the purpose of the said voyage; (b)which relate to voyages organized jointly by one or more ship-owners and one or more processing  or marketing concerns. Article 15 1.  The aid referred to in Article 14 shall consist in the granting of incentive  premiums. The premium for each project shall be equal to 20 % of the eligible cost of the voyage.  The contribution by the Member State(s) concerned must cover between 10 % and 20 % of such cost. 2.  Detailed rules for applying this Article, including a definition of eligible cost, provision  for the payment of the premium in instalments and rules governing such payment, shall be adopted by  the Commission in accordance with the procedure laid down in Article 47. Article 16 1.  Projects referred to in Article 14 shall be submitted to the Commission through  the Member State(s) concerned, once the favourable opinion of the latter has been obtained. 2.  The data which projects must contain and the form in which they are to be presented shall be  decided on by the Commission in accordance with the procedure laid down in Article 47. 3.  Within two months of the submission of a project, the Commission shall decide whether to grant  the premium referred to in Article 15. This decision shall be notified to the beneficiaries and to  the Member State(s) concerned. The other Member States shall be informed accordingly within the  Standing Committee for the Fishing Industry (hereinafter referred to as 'the Committee'). Article 17 1.  For each voyage qualifying for the premium referred to in Article 15, the  beneficiary or beneficiaries shall forward to the Commission and to the Member State(s) concerned,  once the voyage has been completed, a report concerning: (a)the technical conduct of the voyage, and in particular the fishing methods used; (b)the species caught, the locations at which they were caught, the corresponding yields and the  by-catches; (c)the economic results of the voyage; (d)any other information collected by the observers. 2.  After examining the report, the Commission shall make it available to the other Member States  within the Committee. TITLE VI Joint ventures Article 18 For the purposes of this Title, 'joint venture' means any contractual association set  up for a limited time between Community ship-owners and natural or legal persons in one or more  third countries with which the Community maintains relations on fishing matters, for the purpose of  the joint exploitation and use of fishery resources for this or these third country or countries  and the sharing of the costs, profits or losses resulting from the joint economic venture, primary  consideration being given to the supply of the Community market Article 19 1.  The Commission shall grant Community financial aid for joint-venture projects  which relate to the catching and, where appropriate, the processing and/or marketing of the species  concerned, together with the supply of know-how or the transfer of technology where the latter are  relevant to the fishing operations in question. 2.  To qualify for Community aid, the projects referred to in paragraph 1 must relate to fishing  vessels which are technically suited to the fishing operations planned, belong to natural or legal  persons in the Community, fly the flag of a Member State and are registered or recorded at a port  located in the Community. 3.  The vessels concerned must fly the flag of a Member State during the total duration of the  joint venture. Article 20 1.  The Community aid provided for in Article 19 shall consist in a cooperation  premium granted to natural or legal persons in the Community who participate in the joint venture. 2.  The amount of the cooperation premium shall be 40 ECU per gross registered tonne per period of three consecutive months. Payment of the premium  shall be conditional on the payment of an identical premium by the Member State concerned. 3.  The cooperation premium shall not be granted for a period of more than 24 consecutive months  per project. 4.  If necessary, detailed rules for applying this Article shall be adopted by the Commission in  accordance with the procedure laid dow in Article 47. Article 21 1.  The projects referred to in Article 19 shall be submitted to the Commission  through the Member State(s) concerned, once the approval of the latter has been obtained. 2.  Within two months of the submission of a project, the Commission shall decide whether to grant  the aid referred to in Article 19. This decision shall be notified to the beneficiaries and to the  Member State(s) concerned. The other Member States shall be informed accordingly within the  Committee. 3.  For each project qualifying for the aid referred to in Article 19, the beneficiary or  beneficiaries shall forward to the Commission and to the Member State(s) concerned a periodic  report on the activities of the joint venture. After examining the report, the Commission shall  make it available to the other Member States within the Committee. 4.  Detailed rules specifying in particular the data which the projects and the report referred to  in paragraph 3 must include and the form in which they must be presented shall be adopted by the  Commission in accordance with the procedure laid down in Article 47. TITLE VII Adjustment of capacities Article 22 1.  Member States may grant a laying-up premium or a final cessation premium for the  temporary or permanent withdrawal of certain fishing vessels. 2.  The Community shall contribute towards the expenditure incurred by the Member States pursuant  to paragraph 1. Article 23 1.  The temporary withdrawals referred to in Article 22 shall consist in the stoppage  of fishing activities for additional days in comparison to the average, recorded or determined by  the Member State on a standard basis per category of vessel, of the days laid-up in the three  calendar years preceding the first application for the grant of the premium, less the number of  days for which a laying-up premium within the meaning of Directive 83/515/EEC has been granted. 2.  The laying-up premium provided for in Article 22 shall be granted only: (a)in respect of vessels flying the flag of a Member State, registered within the territory of the  Community and measuring not less than 18 metres in length between perpendiculars; (b)in respect of vessels having engaged in fishing, or replacing a vessel having engaged in  fishing, for at least 120 days during the calendar year preceding the first application for the  grant of such a premium or the first application for the grant of laying-up premium within the  meaning of Directive 83/515/EEC; (c)for additional periods laid-up of: -45 to 150 days per year for vessels covered by laying-up plans, -45 to 150 days consecutive days per year for other vessels; (d)for total additional periods of lay-up limited to 300 days maximum by vessel. 3.  The laying-up premium shall be fixed in accordance with the scale shown in Annex IV, on the  basis of the vessel's tonnage and the number of additional days laid-up. 4.  The average referred to in paragraph 1, when determined at a standard rate per category of  vessel, must in no circumstances be less than 115 days. 5.  Detailed rules for applying this Article, in particular those concerning the drawing up of  laying-up plans, shall be adopted by the Commission according to the procedure provided for in  Article 47. Article 24 1.  The permanent withdrawals referred to in Article 22 shall be effected by means  of: (a)the scrapping of the vessel concerned; (b)the definitive transfer of the vessel concerned to a third country, or (c)the definitive assignment of the vessel concerned to purposes other than fishing in Community  waters. 2.  The final cessation premium provided for in Article 22 shall be granted only: (a)in respect of vessels flying the flag of a Member State, registered within the territory of the  Community and measuring not less than 12 metres in length between perpendiculars; (b)in respect of vessels having engaged in fishing for at least 100 days during the calendar year  preceding the application for the grant of such a premium or the first application for the grant of  a laying-up premium within the meaning of Article 22 of this Regulation or of Article 3 of  Directive 83/515/EEC. 3.  The final cessation premium shall be fixed at a standard rate on the basis of the vessel's  tonnage. The premium shall be paid after the issue of the certificate attesting that the vessel has  been struck off the register of fishing vessels. 4.  Member States shall take the necessary measures to ensure that the vessels for which final  cessation premiums have been paid are permanently barred from fishing in Community waters. 5.  Member States shall forward to the Commission a list of the vessels in respect of which the  final cessation premium has been paid. This list shall be published in the Official Journal of the  European Communities. Article 25 1.  Member States which grant a laying-up premium or a final cessation premium shall  forward to the Commission, as soon as they come into force, the laws, regulations or administrative  provisions governing the grant of such premiums. 2.  Member States may lay down additional or restrictive conditions governing the grant of the  laying-up premium or the final cessation premium. Article 26 1. Expenditure incurred by the Member States as a result of granting laying-up  premiums or final cessation premiums within the meaning of Article 22 shall be eligible for  Community reimbursement. 2.  Member States which grant laying-up premiums or final cessation premiums within the meaning of  Article 22 shall forward to the Commission, before 1 February each year, an estimate of their  planned expenditure on such premiums for the current year. 3.  Before 1 April each year the Commission, having examined the estimate referred to in paragraph  2 and having found the conditions for a Community financial contribution to be satisfied, shall  decide, on the maximum amount of eligible expenditure per Member State for the current year,  bearing in mind the appropriations entered in the budget for this purpose. The Commission's  decision shall be notified to the Member States. 4.  The eligibility of expenditure on the granting of final cessation premiums shall be subject to  the limits shown in Annex V. 5.  Within the framework of the decisions referred to in paragraph 3, the Community shall reimburse  50 % of the Member States eligible expenditure. 6.  Detailed rules for applying this Article shall be adopted by the Commission in accordance with  the procedure laid down in Article 47. TITLE VIII Facilities at fishing ports Article 27 1.  The Commission may grant Community financial aid towards public, semi-public or  private projects for material investments in the provision of facilities at fishing ports. 2.  To qualify for the aid referred to in paragraph 1, projects must: (a)form part of a specific programme, within the meaning of Article 2 of Regulation (EEC) N°  355/77, which has been approved by the Commission; (b)be proposed by a producers' organization within the meaning of Article 2 of Regulation (EEC) N°  3796/81(1), by an association of such organizations or by a body appointed for the purpose by the  competent authority of the Member State concerned; (c)comprise, in respect of the entire port concerned, coordinated investments designed to bring  about a lasting improvement in conditions for the production and initial sale of fish products. 3.  Detailed rules for applying this Article, specifying in particular the types of investment  eligible for aid, shall be adopted by the Commission in accordance with the procedure laid down in  Article 47. Article 28 1.  The aid provided for in Article 27 shall consist of capital subsidies granted in  one or more instalments. 2.  For each project and in relation to the amount of investment eligible for aid, the aid provided  for in Article 27 and the financial contribution by the Member State concerned shall be as shown in  Annex VI. 3.  Investments eligible for aid shall be financed on a priority basis under the common measure  introduced by Regulation (EEC) N° 355/77. To this end, aid applications relating to the projects  referred to in Article 27 shall, when submitted pursuant to this Regulation, be considered to have  been submitted at the same time pursuant to Regulation (EEC) N° 355/77. 4.  Detailed rules for applying paragraph 3 shall be adopted by the Commission in accordance with  the procedure laid down in Article 47. TITLE IX Search for new markets Article 29 1.  The Commission may grant financial aid for projects to promote the consumption of  fish products derived from surplus or underfished species. 2.  To qualify for the aid provided for in paragraph 1, projects must: (a)be proposed by public, semi-public or private bodies representing the fisheries sector in one or  more Member States and be implemented under the direct supervision of such bodies; (b)relate to collective measures which are not oriented towards any commercial brands and do not  make reference to a particular country or production region. 3.  Detailed rules for applying this Article shall be adopted by the Commission in accordance with  the procedure laid down in Article 47. Article 30 1.  The Community aid provided for in Article 29 shall consist of capital subsidies  granted in one or more instalments. 2.  For each project the Community aid provided for in Article 29 shall be double the financial  contribution by the Member State concerned, but may not exceed 50 % of the expenditure eligible for  aid. 3.  Detailed rules for applying this Article, laying down inter alia the nature of the expenditure  eligible for aid, shall be adopted by the Commission in accordance with the procedure laid down in  Article 47. Article 31 1.  The projects referred to in Article 29 shall be submitted to the Commission  through the Member State(s) concerned, once the approval of the latter has been obtained. 2.  The data which projects must include and the form of presentation thereof shall be decided by  the Commission in accordance with the procedure laid down in Article 47. 3.  Within two months of the submission of a project, the Commission shall decide whether to grant  the aid referred to in Article 29. This decision shall be notified to the beneficiaries and to the  Member State(s) concerned. The other Member States shall be informed accordingly.TITLE X SPECIFIC MEASURES Article 32 1.  The Commission, acting in accordance with the procedure laid down in Article 47,  may decide to implement specific measures relating to the structure of the fish industry with a  view to: -either helping to remove the structural handicaps which affect fishing activities in certain areas  of the Community, -or encouraging the implementation of a structural project covering all the problems related to  fishing activities in a particular region of the Community, -or making it possible to implement concerted measures to alleviate difficulties affecting a  specific aspect of fishing activities. 2.  Specific measures must be coordinated with any development measures being simultaneously  undertaken in sectors outside the fishing industry. TITLE XI Procedure for the examination of projects and obligations of beneficiaries Article 33 The provisions of this Title shall apply to the projects referred to in Titles II, IV  and VIII and to the measures referred to in Title III. Article 34 1.  Applications for Community aid in respect of projects referred to in Titles II, IV  and VIII shall be submitted to the Commission through the Member State concerned, once the approval  of the latter has been obtained, on the basis of the priorities of the multiannual guidance  programmes. 2.  Applications for Community aid in respect of measures referred to in Title III shall be  submitted to the Commission by the Member State concerned. 3.  Incomplete applications for aid shall not be considered. 4.  The data which applications must include and the form in which they must be submitted shall be  decided by the Commission in accordance with the procedure laid down in Article 47. Article 35 1.  Having consulted the Committee, the Commission shall take decisions: (a)twice yearly on applications relating to projects or measures referred to in Titles II, III and  IV, the first decision being taken not later than 30 April and covering applications submitted not  later than 31 October of the preceding year and the second decision being taken not later than 31  October and covering applications submitted not later than 31 March of the current year; (b)twice yearly on applications relating to projects referred to in Title VIII, the first decision  being taken not later than 30 June and covering applications submitted not later than 31 October of  the preceding year and the second decision being taken not later than 31 December and covering  applications submitted not later than 28 February of the current year. 2.  In 1987, notwithstanding, paragraph 1, the Commission shall decide only once on applications  relating to projects or measures referred to in Titles II, III and IV. The decision shall be taken  not later than 31 December and shall cover applications submitted not later than 15 May 1987. 3.  Decisions on aid shall be notified to the Member State concerned and to the beneficiaries of  the projects referred to in Titles II, IV and VIII. Article 36 This Regulation shall not apply to projects which receive Community aid under a common  measure within the meaning of Article 6 of Regulation (EEC) N° 729/70(1) with the exception of the  projects referred to in Article 27, nor to projects receiving aid from the European Regional  Development Fund. Article 37 1.  Aid applications in response to which no grant has been awarded for lack of funds  shall be carried forward, once only, to the following budgetary year. 2.  Aid applications which have been submitted for the first time after 31 October 1985 under  Regulation (EEC) N° 2908/83 and in response to which no Community grant was awarded for lack of  funds may be taken into consideration for the 1987 budgetary year, under the terms and conditions  of this Regulation. Article 38 Investments which have received Community aid under this Regulation may not be sold  outside the Community or assigned to purposes other than fishing for a period of ten years from the  date of commissioning and must be used on a priority basis for the supply of the Community market  during that period. This period shall, however, be reduced to five years for projects for the  modernization or reconversion of operational fishing vessels as referred to in Title III. Article 39 1.  For each project which has received aid under Titles II and IV of this Regulation,  the beneficiary shall forward to the Commission, through the Member State concerned, a report on  the results of the project, in particular on the financial results. This report shall be submitted: -two years after the last payment of aid towards projects referred to in Title II and in Article 11  (1) (a), -five years after the last payment of aid towards projects referred to in Article 11 (1) (b). 2.  If the beneficiary does not fulfil the obligations laid down in paragraph 1, the Commission  may, after giving the beneficiary due notice, decide to reverse in whole or in part its decision to  grant aid, acting in accordance with the procedure laid down in Article 47. The decision shall be  notified to the Member State concerned and to the beneficiary. The Commission shall recover in  whole or in part the sums paid. 3.  Detailed rules for applying this Article, specifying in particular the data which the report  referred to in paragraph 1 must contain, shall be adopted by the Commission in accordance with the  procedure laid down in Article 47. TITLE XII General and financial provisions Article 40 1.  The proposed duration of the measure shall be ten years as from 1 January 1987. 2.  The total expenditure to be charged to the Community budget in respect of the implementation of  the measures provided for in this Regulation is estimated at ECU 800 million for the period 1987 to  1991. 3.  Depending on the action required to ensure the proper functioning of the common fisheries  policy, and in any event at the end of a five-year period beginning on 1 January 1987, the detailed rules for applying this Regulation, including the financial estimate  given in paragraph 2 and the lists in Annexes II and III of the regions qualifying for a higher  rate of Community aid, shall be reviewed by the Council on a proposal from the Commission. Article 41 The granting of Community aid must not affect the conditions of competition in a  manner incompatible with the principles set out in the relevant provisions of the Treaty. Article 42 The financial contributions from the Member States referred to in Articles 7, 10, 12,  28 and 30 may consist of capital subsidies or financial concessions on loans. Article 43 1.  The Community aid referred to in Articles 6, 9 and 11 may consist of: (a)reductions in the rates of interest charged on loans granted by the European Investment Bank  (EIB) from its own resources or from New Community Instrument (NCI) resources or through other  financial agencies; (b)a contribution in capital towards the establishment or enlargement of funds to guarantee the  loans contracted for the implementation of projects; (c)capital subsidies granted in one or more instalments; (d)reimbursable advances. 2.  Where the provisions of paragraph 1 (a), (b) and (d) are applied, the rates of Community aid  referred to in Annexes II and III shall be assessed in grant-equivalent terms. 3.  Before the provisions of paragraph 1 (a) may be applied, the Commission and the EIB must first  reach an agreement on the cooperation arrangements. 4.  Detailed rules for applying this Article shall be adopted by the Commission in accordance with  the procedure laid down in Article 47. Article 44 1.  Throughout the period for which aid is granted by the Community, the authority or  agency appointed for the purpose by the Member State shall send to the Commission on request all  supporting documents and all documents showing that the financial or other conditions imposed for  each project are satisfied. The Commission may decide to suspend, reduce or discontinue aid, in  accordance with the procedure laid down in Article 47: -if the project is not carried out as specified, or -if certain conditions imposed are not satisfied, or -if the beneficiary, contrary to the particulars given in his application and incorporated in the  decision granting aid, has not begun the work within one year from the date of notification of the  decision, or has not, before the end of this period, supplied satisfactory assurances that the  project will be carried out, or -if the beneficiary does not complete the work within a period of two years from the start of the  project, except in cases of force majeure. Decisions shall be notified to the Member State concerned and to the beneficiary. The Commission shall take steps to recover any sums unduly paid. 2.  Detailed rules for applying this Article shall be adopted by the Commission in accordance with  the procedure laid down in Article 47. Article 45 1.  Member States shall take the necessary measures, in accordance with national laws, regulations and administrative provisions, in order to: -ensure that the operations financed under this Regulation are in fact carried out and that they  are properly carried out, -prevent or take action against irregularities, -recover sums lost as a result of irregularities or negligence. Member States shall inform the Commission of the measures taken for such purposes, and in  particular of the progress of any administrative or legal proceedings. 2.  If the recovery of sums unduly paid is not complete, the financial consequences of  irregularities or negligence shall be borne by the Community, except where such irregularities or  negligence are attributable to national administrations or agencies. 3.  The Council, acting by a qualified majority on a proposal from the Commission, shall adopt any  general rules necessary for the application of this Article. Article 46 1.  Member States shall make available to the Commission all the information required  for the implementation of measures provided for in this Regulation and shall take the necessary  steps to facilitate any inspections which the Commission may see fit to undertake in connection  with the management of Community aid, including on-the-spot inspections. Member States shall communicate to the Commission the laws, regulations and administrative  provisions adopted for the application of Community instruments relating to the common fisheries  policy, in so far as such instruments have financial implications for the Community budget by  virtue of measures covered by this Regulation. 2.  Without prejudice to controls carried out by Member States in accordance with national laws,  regulations and administrative provisions, and without prejudice to the provisions of Article 206  of the Treaty or to any inspection organized pursuant to Article 209 (c) of the Treaty, the persons  empowered by the Commission to make checks on location shall be given access to the accounts and  any other documents relating to the expenditure financed by the Community. In particular, they may  check the following: (a)the conformity of administrative practices with the Community rules; (b)the existence of the requisite supporting documents and their consistency with the operations  financed from the Community budget; (c)the manner in which the operations financed from the Community budget have been carried out and  inspected. In good time before such inspections, the Commission shall notify the Member State concerned by the  inspection or in whose territory the inspection is to be conducted. Officials of the Member State  concerned may take part in such inspections. At the Commission's request and with the consent of the Member State, inspections or investigations  relating to the operations referred to in this Regulation shall be carried out by the competent  authorities of the Member State concerned. Commission officials may take part in such inspections. In order to improve the scope for inspections, the Commission may, with the consent of the Member  States concerned, involve the administrations of the Member States in certain inspections or  investigations. 3.  The Council, acting by a qualified majority on a proposal from the Commission, shall adopt, as  necessary, general rules for applying this Article. Article 47 1.  Where the procedure laid down in this Article is to be followed, matters shall be  referred to the Standing Committee for the Fishing Industry, by its chairman, either on his own  initiative or at the request of the representative of a Member State. 2.  The representative of the Commission shall submit a draft of the measures to be taken. The  Committee shall deliver its opinion within a time limit to be set by the chairman according to the  urgency of the matter. Opinions shall be adopted by a majority of 54 votes, the votes of the Member States being wighted as laid down in Article 148 (2) of the Treaty. The chairman shall not vote. 3.  The Commission shall adopt the measures which shall apply immediately. However, if these  measures are not in accordance with the opinion of the Committee, the Commission shall forthwith  communicate them to the Council. In that event the Commission may defer their application for not  more than one month from the date of such communication. The Council, acting by a qualified  majority, may adopt different measures within one month. Article 48 1.  Pursuant to Article 5 of Regulation (EEC) N° 1676/85(1), the amounts in ECU  referred to in Articles 9, 11 and 12 shall be converted into national currencies at the  agricultural conversion rates in force on 1 January of the year preceding the year in which the  Commission decides for the first time, within the meaning of Article 35 of this Regulation, on the  relevant aid application. 2.  Pursuant to Article 5 of Regulation (EEC) N° 1676/85, the amounts in ECU specified in Article  20 and in Annexes IV and V to this Regulation shall be converted into national currencies at the  agricultural conversion rates in force on 1 January of the year in which the premiums are granted. Article 49 Articles 92, 93 and 94 of the Treaty shall apply, in the sectors covered by this  Regulation, to the national aids granted by Member States, other than those in respect of which  Community financial assistance has been granted. Article 50 The provisions provided for in Title I and the measures provided for in Titles II,  III, IV, VII and X of this Regulation shall be applicable in the Canary Islands, in Ceuta and in  Melilla. However, the measures provided for in Titles II, III, VII and X shall apply only to  vessels of these territories within the meaning of Regulation (EEC) N° 570/86(2). Article 51 To take account of special situations and to heighten the effectiveness of the  restructuring measures provided for in this Regulation, the Council, voting by qualified majority  on a proposal of the Commission, may make derogations from the technical requirements set out in  Articles 6 (2), 7 (1), 9 (3), 10 (1), 11 (2), 12 (1), 14 (2), 15 (1), 20 (2), (3), 23 (2), (3), 24 (2), 26 (4), (5), 28 (2) and 30 (2), in particular by adjusting the upper or  lower limits specified in those Articles. Article 52 If transitional measures should be required to facilitate the changeover to the  arrangements provided for in this Regulation, such measures shall be adopted in accordance with the  procedure laid down in Article 47. They may not be adopted after 31 March 1987. Article 53 This Regulation shall enter into force on the day of its publication in the Official  Journal of the European Communities. It shall apply with effect from 1 January 1987. This Regulation shall be binding in its entirety and directly applicable in all  Member States. Done at Brussels, 18 December 1986. For the CouncilThe PresidentM. JOPLING (1)OJ N° C 279, 5. 11. 1986, p. 3.  (2)OJ N° C 322, 15. 12. 1986.  (3)OJ N° L 290, 22. 10. 1983, p. 1.  (4)OJ N° L 361, 31. 12. 1985, p. 78.  (5)OJ N° L 290, 22. 10. 1983, p. 9.  (6)OJ N° L 361, 31. 12. 1985, p. 56.  (7)OJ N° L 290, 22. 10. 1983, p. 15.  (8)OJ N° L 372, 31. 12. 1985, p. 49.  (1)OJ N° L 51, 23. 2. 1977, p. 1.  (2)OJ N° L 194, 17. 7. 1986, p. 4.  (1)OJ N° L 379, 31. 12. 1981, p. 1.  (1)OJ N° L 94, 28. 4. 70, p. 13.  (1)OJ N° L 164, 24. 6. 1985, p. 11.  (2)OJ N° L 56, 1. 3. 1986, p. 1.   ANNEX 1 MINIMUM INFORMATION TO BE INCLUDED IN MULTIANNUAL GUIDANCE PROGRAMMES  I.Programmes concerning the fishing fleet 1.Importance of the fishing industry in the national economy and in the various regional economies  concerned. 2.Initial situation of the fleet, by category of vessel, type of fishing and region (number,  tonnage, engine power and age); estimated fishing capacity. 3.Estimates of current fishery resources and foreseeable trends, especially in fishing grounds not  subject to Community fishing legislation. 4.Impact on the fishing industry of the present situation and foreseeable trends on the market for  fish and aquaculture products. 5.Description of the strengths and weaknesses of the various sections of the fleet; needs covered  by the programme and objectives of the latter. 6.Developments in the fleet and investments needed during the period covered by the programme to  attain the objectives (number of vessels, tonnage and engine power of vessels to be commissioned or  withdrawn during the period concerned); situation of the fleet and the fishing capacity envisaged  on completion of the programme. II.Programmes concerning aquaculture and protected marine areas 1.Importance of aquaculture in the national economy and in the various regional economies  concerned. 2.Initial situation of aquaculture by type of farming, region and species produced. 3.Estimated potential aquaculture production in the regions concerned, by species and type of  farming. 4.Impact on the aquaculture industry of the present situation and foreseeable trends on the market  for fish and aquaculture products. 5.Description of the strengths and weaknesses of the aquaculture industry; needs covered by the  programme. 6.Objectives of the programme and level of production sought on completion of the programme, by  type of farming, region and species. 7.Investments needed during the period covered by the programme to attain the objectives pursued. 8.Prospects for the establishment or development of protected marine areas; investments envisaged  in this sector; objectives pursued. 9.Measures planned for the protection of the environment. III.Particulars to be furnished for all programmes 1.Critical assessment of the implementation of the preceding programme. 2.National or regional financial resources available or to be made available for implementation of  the programme; priorities adopted for the granting of aid. 3.Laws, regulations or administrative provisions existing or foreseen for ensuring the monitoring  of the programme. 4.Links with any specific programme(s) approved by the Commission under Regulation (EEC) N° 355/77. 5.Compatibility with any regional development programme(s) notified to the Commission in accordance  with Article 3 of Regulation (EEC) N° 1787/84(1). TABELLE MS 56-58 (1)OJ N° L 169, 28. 6. 1984, p. 1.   ANNEX II COMMUNITY AID AND FINANCIAL CONTRIBUTIONS FROM MEMBER STATES FOR THE  RESTRUCTURING, RENEWAL AND MODERNIZATION OF THE FISHING FLEET II.Vessels of which the length  between perpendiculars does not exceed 33 metres >TABLE>II.Vessels of which the length between perpendiculars exceeds 33 metres >TABLE>  ANNEX III COMMUNITY AID AND FINANCIAL CONTRIBUTIONS FROM MEMBER STATES FOR THE DEVELOPMENT  OF AQUACULTURE AND STRUCTURAL WORKS IN COASTAL WATERS II.Aquaculture >TABLE>II.Protected marine areas Community aid: 50 %: Contributions from Member States: between 10 and 35 %.   ANNEX IV SCALE OF LAYING-UP-PREMIUMS >TABLE> ANNEX V ELIGIBILITY OF EXPENDITURE ON THE GRANTING OF FINAL CESSATION PREMIUMS I.Vessels  of a tonnage of less than 100 tonnes The eligible amount is limited, per vessel, to 25 000 ECU + 2 000 ECU/tonnage. II.Vessels of a tonnage equal to or higher than 100 tonnes but lower than 400 tonnes The eligible amount is limited, per vessel, to 140 000 ECU + 850 ECU/tonnage. III.Vessels of a tonnage equal to or higher than 400 tonnes but lower than 3 500 tonnes The eligible amount is limited, per vessel, to 316 000 ECU + 410 ECU/tonnage. IV.Vessels of a tonnage equal to or higher than 3 500 tonnes The eligible amount is limited, per vessel, to 510 ECU/tonnage - 34 000 ECU.  Tabelle MS 60  ANNEX VI COMMUNITY AID AND FINANCIAL CONTRIBUTIONS FROM MEMBER STATES FOR PORT FACILITIES  >TABLE>