CELEX: 51995PC0627
Language: en
Date: 1995-12-05
Title: Proposal for a COUNCIL REGULATION (EC) amending Regulation (EC) No 3699/93 laying down the criteria and arrangements regarding Community structural assistance in the fisheries and aquaculture sector and the processing and marketing of its products

iV * *     COMMISSION OF THE EUROPEAN COMMUNITIES
                                                  Brussels, 05.12.1995
                                                  COM(95) (>27 luial
                                                  95/0319 (CNS)
                                  Proposal for a
                        COUNCIL REGULATION (EC)
amending Regulation (EC) No 3699/93 laying down the criteria and arrangements
 regarding Community structural assistance in the fisheries and aquaculture sector
               and the processing and marketing of its products
                         (presented by the Commission)
 ---pagebreak---  ---pagebreak---                            EXPLANATORY MEMORANDUM
1.       System of state aids for measures to adjust fishing effoit
Article 8 of Regulation (EC) No 3699/93 encourages Member States to take measures to
adjust fishing effort to achieve the objectives of the multiannual guidance programmes.
The adjustment of fishing effort within the meaning of structural measures is mainly
guaranteed by the implementation of permanent cessation measures and the reorientation
of fishing activities by the formation of joint enterprises. Permanent cessation measures
comprise scrapping, transfer to a third country and re-assignment to activities other than
fishing.
State aids are granted to the beneficiaries of such measures. The ceiling for such aids is
set by the scale in Annex IV to Regulation (EC) No 3699/93, which applies to vessels
up to 15 years old. The premiums are increased by 1.5% per year for vessels less than
 I 5 years old and are decreased by 1.5% per year for vessels older than that.
2.       Rules of access to fish resources and physical value of vessels
The restrictions placed on the rules of access to fish resources by the introduction of
fishing licence schemes have brought about an increase in the physical value of the
scrapping of vessels, which is no longer purely the residual physical value of the asset
but also the value of the fishing right associated with it (the non-physical value).
Under such circumstances it is logical to allow that from a certain age onward a vessel
has a constant value which is that of the fishing right associated with it.
 The purpose of the proposal is to encourage the definitive withdrawal from the fleet of
vessels more than 30 years old. To that end, the ceiling for the permanent withdrawal
premium will remain constant whatever the age of the vessel withdrawn beyond that age
The ceiling is fixed at that for vessel thirty years old.
3.       Limitations on the scope of measures for temporary cessation of activities
  faking account of the special circumstances for temporary cessation of fishing activities
 envisaged in Article 14 of Regulation 3699/93 it seems logical to limit the scope of the
 measures with a ceiling for Community aid.
 On the basis of an estimate of costs previously recorded by the services for operations
of this type it seems sensible to limit the costs of these measures for each calender year
 to 200 000 ecus or 0.5% of the funds forseen in the financial plan for each Member State
 for the year concerned.
 ---pagebreak--- 4.     Form of modification proposed
Simple written modification of Article 14 and of Annex IV, point L!(a) fourth indent of
Regulation (EC) No 3699/93.
 ---pagebreak---                         COUNCIL REGULA HON (EC) No                  94
                                           of
    amending Regulation (EC) No 3699/93 laying down the criteria and arrangements
     regarding Community structural assistance in the fisheries and aquaculture sector
                     and the processing and marketing of its products
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 2080/93 of 20 July 1993 laying down
provisions for implementing Regulation (EEC) No 2052/88 as regards the financial
instrument for fisheries guidance, and in particular Article 6 thereof
Having regard to the proposal from the Commission,1
Having regard to the opinion of the European Parliament,2
Having regard to the opinion of the Economic and Social Committee,'
Whereas national and Community rules are at the heart of a strengthening of the
conditions controlling access to fish resources, in particular by the introduction of systems
of fishing licences and permits; whereas those new restrictions on access are having the
effect of increasing the scrapping value of vessels, in particular those more than 30 years
old; whereas this increase in value has made withdrawals of fishing vessels more difficult
to guarantee than in the past;
Whereas the current system of premiums for scrapping a vessel and for setting up joint
enterprises provides for a constant reduction of 1.5% per year in premiums for vessels
more than I 5 years old; whereas experience has shown that that year-by-year reduction
 in premiums has made them insufficient to guarantee the withdrawal of the oldest of the
vessels;
 Whereas provision should be made to ensure that preference is given to the withdrawal
from the fleet of the oldest of the vessels; whereas the premiums should therefore be
 maintained at a sufficiently high level to guarantee the withdrawal of that category of
 vessels;
 Whereas for the financial aid for FIFG in the case of temporary cessation of activities,
 taking account that this type of intervention, must remain an exceptional measure, it is
 advisable to set a ceiling for the funds allocated to this measure,
          OJ No C
          OJ No C
          O.I No C
 ---pagebreak--- HAS ADOPTED THIS REGULATION:
                                         Article 1
Regulation (EC) n° 3699/93 is hereby amended as follows:
1 Article 14, the following paragraph is added:
"This grant cannot exceed, for each calender year and for each Member State, 200 000
ecus or 0.5% of the funds forseen in the financial plan for each Member State for the
year concerned, whichever amount is the greater."
2 In the last indent of Annex IV, point 1.1(a), to Regulation (EC) No 3699/93, the
following phrase is hereby added:
", and up to 30 years old, the age beyond which premiums are limited to the amount for
vessels thirty years old."
                                         Article 2
This Regulation shall enter into force on the seventh day following its publication in the
Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member
States.
Done at ... ,                                                      For the Council
 ---pagebreak---  ---pagebreak---                                                                    ISSN 0254-1475
                                                             COM(95) 627 final
                                              DOCUMENTS
EN                                                                        03 «2
                                     Catalogue number : CB-CO-95-664-EN-C
                                                              ISBN 92-77-97226-2
Office for Official Publications of the European Communities
L-2985 Luxembourg