CELEX: 51988PC0703
Language: en
Date: 1988-12-05
Title: PROPOSAL FOR A COUNCIL DECISION ON A COMMUNITY FINANCIAL CONTRIBUTION TOWARDS EXPENDITURE INCURRED BY MEMBER STATES FOR THE PURPOSE OF ENSURING RESPECT OF THE COMMUNITY SYSTEM FOR THE CONSERVATION AND MANAGEMENT OF FISHERY RESOURCES

No C 20/10                             Official Journal of the European Communities                               26. 1. 89
                                                              II
                                                      (Preparatory Acts)
                                                 COMMISSION
              Proposal for a Council Decision on a Community Financial Contribution towards expenditure
              incurred by Member States for the purpose of ensuring respect of the Community system for
                                   the conservation and management of fishery resources
                                                     COM(88) 703 final
                                     (Submitted by the Commission on 7 December 1988)
                                                        (89/C 20/14)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                          Whereas, however, any such contribution should be
                                                                  conditional on the attainment by the Member States
                                                                  concerned of a satisfactory standard of enforcement both
Having regard to the Treaty establishing the European             at sea and on land;
Economic Community, and in particular Article 43
thereof,                                                          Whereas enforcement is a permanent task and whereas a
                                                                  Community contribution should therefore be provided
                                                                  on a long term basis,
Having regard to the proposal from the Commission,
                                                                  HAS ADOPTED THIS DECISION:
Having regard to the opinion of the Parliament,
                                                                                           Article 1
                                                                   1.   The Community shall participate subject to the
Whereas the Member States, in ensuring within their               conditions laid down in the Annex in financing expen-
fishery zones and on their territory the respect of the           diture incurred by Member States in enforcing the
conservation and control rules of the Common Fisheries            Community arrangements for the conservation and
Policy, are carrying out a task of Community interest;            management of fishery resources.
                                                                  2.    The Community participation shall relate to eligible
Whereas the size of the task of each Member State in              expenditure incurred by Member States from 1 January
enforcing the said rules is broadly related to the volume         1990 to 31 December 1994.
of fishing activity in its fishery zone and the volume of
landings on its territory;                                        3.    For any Member State in any year, the Community
                                                                  contribution shall not be lower than 10 % or higher than
                                                                  50 % of the eligible expenditure.
Whereas for any given Member State the size of that
task is unrelated to the budgetary capacity or the relative       4.    Subject to paragraph 3, the Community may grant
prosperity of the Member State and may in certain cases           advances up to a maximum of 25 % of eligible expen-
constitute a disproportionate burden;                             diture.
                                                                  5.    The Council, acting in accordance with the
Whereas it is therefore appropriate to provide for a              procedure laid down in Article 43 of the Treaty, shall
contribution by the Community towards certain                     decide before 30 June 1994 on the arrangements for
enforcement expenditure by certain Member States;                 Community participation which shall apply from 1
                                                                  January 1995.
Whereas the total Community contribution should
                                                                                           Article 2
remain within the limits of a budgetary provision of
ECU 30 million per annum over an initial period of five           1.    Member States wishing to benefit from Community
years and the corresponding financial resources will be           participation in financing expenditure shall forward to
entered as annual credits in the general budget of the            the Commission by 30 June each year, and on the first
European Communities within the limits of budgetary               occasion by 30 June 1989, a schedule containing the
availability;                                                     information specified in paragraph 2 of the Annex.
 ---pagebreak--- 26. 1. 89                                            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              N o C 20/11
2.        T h e Commission shall decide by 31 D e c e m b e r each                      bility of expenditure and any conditions to which the
year, and on the first occasion by 31 D e c e m b e r 1989, in                          latter m a y be subject.
a c c o r d a n c e with the p r o c e d u r e laid d o w n in Article 14 of
Regulation ( E E C ) N o 1 7 0 / 8 3 establishing a C o m m u n i t y
system for the conservation and m a n a g e m e n t of fishery                                                           Article 3
resources ('), on the C o m m u n i t y participation, the eligi-
                                                                                        This Decision is addressed to the M e m b e r States.
(') OJ No L 24, 27. 1. 1983, p. 1.
                                                                               ANNEX
                     1. The eligible expenditure of Member States may relate to the acquisition or modernization of:
                        — vessels and aircraft employed in the monitoring and supervision of fishing activities, including their
                            equipment,
                        — systems for the detection and recording of fishing activities (including equipment installed on fishing
                            vessels),
                        — systems (including land-based systems) for recording and transmitting catch data and other relevant
                            information.
                     2. The schedule referred to in Article 2 (1) shall state the expenditure falling under paragraph 1 envisaged
                        for the following year. It shall specify in particular:
                        — the technical features and cost of the equipment and the method of payment envisaged,
                        — the use planned for the equipment, including the date of entry into service,
                        — in the case of vessels or aircraft or equipment to be installed on vessels or aircraft, the proposed
                            programme of operations for the monitoring and supervision of fishing activities by such vessels or
                            aircraft.
                        Member States shall give a precise account of their present organization, activities, problems and
                        achievements in the field of fisheries enforcement at sea and on land and explain how the expenditure
                        envisaged will improve performance.
                     3. The Commission shall consider each Member State's application by reference to the following criteria in
                        particular:
                        — in the case of expenditure on vessels and aircraft, the amount of time which they will devote to
                            fisheries enforcement,
                        — the approximate relative size of the enforcement task of the Member State on land and at sea,
                            having regard in particular to the volume of fishing activity in its fishery zone and the volume of
                            landings in its ports,
                        — the budgetary capacity and prosperity of the Member State,
                        — the use made by a Member State of any financial aid given under this Decision in any previous year,
                        — the extent to which the proposed expenditure would be additional to the expenditure which would
                            be made in the absence of Community participation,
                        — the improvement in the Member State's performance in fisheries enforcement at sea and on land in
                            the period preceding the application and the improvement likely to result from the expenditure
                            envisaged.
                    4. In considering a Member State's enforcement performance the Commission shall have regard to the
                        following considerations in particular:
                        — the prevention, discovery and pursuit of infringements against the conservation and control rules,
                        — the presence in the national legislation of sufficiently dissuasive sanctions in respect of such
                            infringements,
 ---pagebreak--- No C 20/12                               Official Journal of the European Communities                                    26. 1. 89
               — the reliability of the catch figures forwarded by the Member State to the Commission and the
                   Member State's success in preventing the overfishing of its quotas,
               — the amount and the efficacy of the human and material resources devoted by the Member State to
                   fisheries enforcement,
               — the degree of cooperation in fisheries enforcement between the Member State and other Member
                   States and the Commission,
               — in appropriate cases, the Member State's contribution to fisheries enforcement in areas governed by
                   international Conventions to which the Community is a Contracting Party.
           5. The reimbursement of expenditure and the payment of advances shall be made only if the provisions of
               the Directives coordinating procedures for the award of public works and supply contracts have been
               complied with, in the sense that the certificates for payment must make reference to the notices on the
               award of public contracts, published in the Official Journal of the European Communities. In case of
               non-publication of the notices in the Official Journal of the Euorpean Communities, the beneficiary shall
               certify that the public contracts have been awarded in conformity with Community legislation.
               The Commission may request any information which it considers necessary for judging whether
               Community legislation on public contracts has been respected.
           6. Member States shall supply the Commission with any information which it may request for the
               performance of its duties under this Decision.
               Should the Commission consider that monitoring and supervision facilities partially financed by the
               Community under this Decision are not being used for the intended purpose or in accordance with the
               conditions defined under this Decision, it shall so inform the Member State concerned. The Member
               State shall then conduct an administrative inquiry in which Commission officials may participate. The
               Member State 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 carry out checks on the fulfilment of their duties under this Decision by the
               Member States, which shall provide assistance to the staff appointed by the Commission for this
               purpose.
               The provisions of this paragraph shall be without prejudice to Article 12 of Regulation (EEC) No
               2241/87 establishing certain control measures for fishing activities (').
           (') OJ No L 207, 29. 7. 1987, p. 1.
           Amendment to proposal for Council Directive on health problems affecting the production,
           placing on the market of the Community and importation from third countries of minced meat
                                         and meat in pieces of less than 100 grams (')
                                                         COM(88)     760 final
           (Submitted      by the Commission pursuant to Article 149, paragraph 3 of the EEC                Treaty on
                                                          9 December 1988)
                                                            (89/C 20/15)
           On 21 December 1987 the proposal referred to above was presented to the Council by the
           Commission. For the reasons set out in the Explanatory Memorandum, the original proposal is
           hereby amended as follows:
           1. Article 1, paragraph 2, point (a) is replaced by the following:
               '(a) to minced meat and meat in pieces of less than 100 grams prepared on the spot and in
                     front of the consumer'.
          (') OJ No C 18, 23. 1. 1988, p. 8.