CELEX: 51976PC0355
Language: en
Date: 1976-07-05
Title: Amendment to the Proposal for a COUNCIL REGULATION (EEC) on a programme for restructuring the non-industrial inshore fishing industry (submitted to the Council by the Commission pursuant to the second paragraph of Article 149 of the EEC Treaty)

ARCHIVES HISTORIQUES
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DOCUMENTS "COM"
COM (76) 355
Vol. 1976/0106
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In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
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 ---pagebreak---     COMMISSION OF THE EUROPEAN COMMUNITIES
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                                                         COM(76)355 final
                                                         Brussels - 5 July 1976
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                                                             I
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                                   ^                                 ,
                                       Amendment to the
                                         Proposal for a                -
                                   COUNC I L R EMULATION, ( EEC )
                          on a programme for restructuring the
                          non-industrial inshore fishing industry               .
         ( submitted to the Council by the Commission pursuant to the
     v      second paragraph of Article 149 of the EEC Treaty )                   ,
                        ■                                 !    :
                             ■   .                   .                                /
                               /
               \
C0M(76 ) 355 final
 ---pagebreak---    έ
                               Annex 1
                 Proposal for a Council Regulation ( EEC ) on a
                 programme for restructuring the n on–indus trial
                 inshore fishing industry , as amended pursuant
                 to the second paragraph of Article 149 of the
                 Treaty ,
        The title of the proposed Regulation is amended to read as
follows  :
         "Council Regulation ( EEC ) on a programme for restructuring the
        ishore fishing industry ".
        The deletion of the word "non-industrial " previously used in
the title leads to the same word being deleted in the Explanatory Me­
morandum , in the list of " recitals ", in Articles 1 , 2 , 5 , 6 and 10 , in
the Annex and in the financial estimate .
        The ninth recital in the proposed Regulation is amended to read
as follows  :
At the end of the recital , after the comma , add " or to non-member de­
veloping countries ".
        The Articles of the proposed Regulation are attached hereto and
amended to read as follows i { The amendments are underlined ).
 ---pagebreak--- TITLE I ! IIULTI-AIilUAL REGIOITAL PROGIlAfSES
                                         Article 3
1.         Programmes shall be transmitted to the Commission by the ileraber
   St^-te con corn oc1 . The,-"- shall be drawn ur cither by tho Ilcmber States or
   by the authorities or organizations ilcsi,-;nc.ted f or the purnoRp hv thp
   Iicmbcr States , on the basis of the information sho'-n in the . Anne;: h ereto .
2.         The Commission shall examine \/hether , in view of the catch prospects ,
   the conservation measures for fishery stocks provided for by the Community
   rules . the need for the products concerned , as well as the requirements of
   the common policy for the fishing industry , such programmes could provide
   a framework for schemes whose projects are eligible for financial assist­
   ance from the Community , and for measures to encourage the cessation of
   fishing .
3.         The Commission , acting in accordance with the procedure laid down
   in Article 23 , shall within six months following notification of a pro­
   gramme and after consulting the Standing Committee for the Pishing
   Industry and the Committee of the Fund on the financial aspects adopt
   a decision on the subject specifying any additional conditions that
   programmes must satisfy.
 ---pagebreak---                                      Article ■}
          In deciding whether to grant assistance from the Fund , the
Commission shall make a comprehensive economic assessment of each scheme
submitted , talcing into account the criteria laid down in Article 6 ,  It
shall , furthermore , carry out a thorough study of the project which
constitute the schemes , rearing in mind that they must :
– offer adequate guarantees as to the lasting economic effects of the
  structural improvements to lie carried out ;
- seek to make or keep inshore fishing undertakings viable and make them
  more profitable , xjith due re gard for the need to conserve fishery stocks *
 ---pagebreak---                                          Article 6
The Commission shall , when assessing the schemes submitted to it , take account
in particular of the following criteria :
a) their contribution to the orientation of production sought by the common
     policy for the fishing industry ;
b ) their contribution towards the improvement of the quality of products
     or the better use of waste products ;
c ) a reduction in the use of intervention machinery under the common organiza­
     tion of the market , through the adjustment of catching , storage , prepara­
     tion or marketing capacities to market requirements ;
d) their contribution to the search for new outlets through the catching,
     breeding and valorization of certain species of fish ;
e) the concentration of schemes in regions which could experience special
  ■ difficulties in adjusting to the economic or . social consequences of
   , measures taken under the Common Fisheries Policy and rendered^ necessary ,
     in particular . J?y. .changes in the law of the sea ;
f) their contribution towards an improvement in the employment       situation
     in the inshoro fishing industry;
g) improvement of working conditions , in particular as regards the safety
     of the workers concerned ;
h) compliance with the requirements for the protection of the environment ;
i) respect for the interests of consumers .
 ---pagebreak---                                       Article 8
1.       In order to lie eligible for assistance from the Fund, the projects
    relating to plant and equipment as specified in Article 9 must be carried
    out by persons who :
    - for not loss than five years have carried on fishing activities
      involving one or more vessels flying the flag of a Member State ,
      registered within the Community territory mid having a water-line
      length of less than 24 metres ;
    or who :
    " farm fish , crustaceans or molluscs .
2.       The persons referred to in paragraph 1 must :
    - if they arc no.tural persons , have carried on fishing activities for not
      less than five years , have dr~ ; afJuTt"1- T "        "less" Th~uf TCfTHThT"l r
      income from fishing, or _fish^farming. and have devoted and be devoting at
      leas t half their tot al_hours_of_work_to_f ishing_or_f ish;f armjng ;
    - if they are legal persons , haye^_pyer_the_five_f inane iaj._years
      Breceding_that_in_whjch_ihe_Qroiect_was_ submit Jed , derive ^ not
       less than ~&>r of their total turnover from fishing or fish-farming ;
2>t      In order to qualify for assistance from the .Fund , research and vocational
    retraining projects must be carried out "by an association of persons which
    has applied for assistance for the acquisition of plant and equipment for
    production , processing or marketing . The results of research projects
    must be made available to all interested parties in the Community .
 ---pagebreak---                                      Article 9
           The plant mid equipment provided for by a project must satisfy the
following requirements :
1.   Fishing vessels :
     a) Trawlers , vessels with a purse seine and multi-purpose vessels must :
         -- have a minimum water-line length of 12 metres ;
         -• be fitted with equipment adequate to preserve catches ;
         - be fitted with the electronic , radiophonic and other equipment
            necessary for fish detection and the safety of the crew ;
         -- comply where appropriate , with the safetj*- standards laid down
            by the I?1C0 Safety Convention ;
     b ) Fishing vessels other th'an trawlers and seine net vessels must :
         « have a water-lino length of between 6 and 12 metres ;
         -p comply , where appropriate , with the safety standards laid down by
            the II1C0 Safety Convention .
2.   Shore installations :
     - there must be a proper relation between the production of fishery
        products intended to be preserved , treated or processed and the
        capacity of the installations proposed , having regard to existing
        installations of the same type located in the territory covered by
        the programme ;                   '
     - the processing capacity of the installations proposed must be sxiffi-
        cient to ensure that the fishery products in question are preserved ,
        treated or processed with the maximum profitability ; however , no
        project may relate to the creation or modernisation of establishments
        designed chiefly for the manufacture of fish meal , v;ith the exception
        of those which process fish waste , fish offals or fish unfit for human
        consumption .
                                                                      ♦ /.
 ---pagebreak---                                 Article 0 ( coiït .)
3# Farming of fish , crustaceans and molliiscs
   - establishments must have arl equate production capacity to ensure
      Don^-term commercial operation ;
   - in the case of mussel culture and ojrster farming there must be
      adequate equipment for purification of the products before marketing .
     It_shaI!_be_germjssib_Le_not_tg_aggly_thi s_ condi t ion_where_mussej._ culture
     2r_oyster_farmjng_are_carrjed_on_in_ water s_ meetjng_natjonaJ._or_ Community
     9y 3Lity_reguirement s .
 ---pagebreak---                                     Article 11
1. The beneficiaries of "the measures provided for in Article 10 shall be
   persons satisfying the conditiono " aid clown in the first indent of
   Article 8(l ) and in the first indent of paragraph 2 of that Article .
   Such measures shall comprise the following :
   a) in the case of natural persons , the grant of an annuity to
       persons aged between 55 r-n^   ^5 years who apply the refoife and
       who undertake to cease permanently to fish ;
   b ) in the case of natural or legal persons , the grant       a lump-sum
       premium to persons who sell their vessels to breakers' yards or
       to developing countries . For the sale to breakers' .yards and
       developing countries , -vessels must be at loast fifteen and eight
       years old respectively .
2, Member States shall take all measures necessary to ensure that the
   social security benefits which recipients of the annuity provided for
   in paragraph l(a) would have received , had they not ceased to fiah ,
   are not reduced , and that the contributions made by them to social
   security fundg are not unduly increased ,                             .
 ---pagebreak---                                     Article 1 6
1,       Th e Commission shal .: take a decision not later than 31 December
   on applications for aid from the Fund submitted to it in the first half
   of the calendar year and , not Later than 30 June of the following year ,
   on those submitted in the second half of the year ,
2.       Applications for aid from the Fund shall "be made through the
   Member State concerned and must have been approved by the latter .
 ---pagebreak--- CHAPTER II : Financial provisions relating to TITLE III .
J
                                    Article 21
1.        The Fund shall reimburse to Member States 25/<> of the expenditure
   actually incurred under Article ll(l ).
   The maximum such expenditure which may bo taken into account for the
   purposes of this provision shall be as follows :
   a) in respect of measures to encourage the cessation of fishing .
       - 500 u.a . per year to a marned recipient :
       - 600 u.a. per year to an unmarried recipient or the
         widow of a recipient ,
       until such time as the recipient reaches or would have reached
      65 years of a^e .
   b ) in respect of the sale of vessels to breakern' yards or developing
       countries ,
       - 200 u.a . per ^ross registered ton .
2.        Applications for reimbursement shall be in respect of expenditure
   incurred by Ilember States during a calendar year and shall be submitted
   to the Commission before 1 May of the following year .
 ---pagebreak---                                      Anne:: II
Explanatory Memorandum on the amendments to be made to the proposal for a
Council Regulation ( r, lEC ) on a programme for restructuring the inshore fi­
shing industry .
Point  L.
            This change m the drafting of the text is necessary cwing to
the difficulties which have arisen in establishing perfect harmony between
the texts in the various Community languages .
Since the word "non-industrial" gives rise to varying interpretations , it
was advisable to delete it in order to eliminate any possible ambiguity .
Point 2 .
            As requested by the Economic raiid Social Committee , the pream­
ble takes into account the suggestion that retirement premiums should al»
so be granted on the sale of vessels to developing countries .
Point 3 .
            The suggestions made by the European Parliament and a number of
those made by the Economic and Social Committee have prompted the Commis­
sion to amend Article 3 , 5 , 6 , 8 , 9r              21 of the proposed origi­
nal version .
            Article 3 .
            As a result of the amendment made to paragraph 1 , not only the
Member States but also the authorities or ( trade or industry ) organiza­
tions designated by the Member States may be made responsible for preparing
multi-annual regional programmes .
            As requested by the European Parliament , the amendment to pa­
ragraph 2 endorses the principle that the programmes must fist and fore-,
most be established with due regard for the need to preserve marine re­
sources , as provided for by the Community rules .
                                                                         ./■
 ---pagebreak---            The amendment to paragraph 3 reduces from eight to six months
the time-limit within which the Commission must make a decision on the
adoption of the programmes . This will speed up the implementation of the
common measures for restructuring tho inshore fishing industry .
           Article 5 .
           The amendment relates , as does that to paragraph 2 of the pre­
ceding Article , to the necessity for the projects to be assessed with due
regard for the preservation of fish stocks .
           Article 6 .
           The amendments made are purely concerned with the wording of the
text .
           Article 8 .
           As requested by the Economic and Social Committee , the criteria
for the selection of the beneficiaries must be based not only on tho time
devoted to fishing or the farming of fish , crustaceans or molluscs , but
also on the income derived therefrom .
           Article y .
           As requested by the European Parliament in its Opinion , the amen­
dment to paragraph 2 makes it possible for the Fund to withhold its aid from
establishments designed mainly for the manufacture of fish meal .
           In paragraph 3 , the second indend has been supplemented in order
to make an exception , in respect of certain technical conditions , for mussel
culture and oyster farming in waters meeting national and Community quality
requirements .
           Article 11 , Article 21 .
           As was suggested by the Economic and Social Committee , the amend­
ment makes it possible for the retirement premium to be granted also on tho
sale of vessels over eight years of age to non-member developing countries .
           Article 16 .
           The amendment to paragraph 1 makes it possible to speed up the
procedure for financing the projects .