CELEX: 51978PC0170
Language: en
Date: 1978-04-21
Title: Proposal for a COUNCIL REGULATION (EEC) on a common interim measure for restructuring the inshore fishing industry (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (78) 170
Vol. 1978/0057
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983
concernant l'ouverture au public des archives historiques de la Communauté économique
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p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
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file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
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 ---pagebreak---  COMMISSION OF THE EUROPEAN COMMUNITIES
                                                    COM(78)170 final.
                                                    Brussels .  April 1978
                    H -T •     .
                                  Proposal for a
                             COUNCIL REGULATION (EEC )
             on a common interim measure for restructuring
                           the inshore fishing industry
              ( submitted to the Council "by the Commission)
COM(78) 170 final .
 ---pagebreak---                         MEMORANDUM FOR THE COMMISSION
        T.'ie draft Regulation provides for aid from the Guidance Section
of the EAGGF for 1978 to investment projects for inshore fishing vessels
in regions where the development of fishing can be envisaged ( Ireland
in particular ), and for aqusculture ( in Italy in particular ).
        This proposal results from the Commission 's undertakings contai­
ned in        'the proposal for a Resolution on structures and markets
( Doc . COM ( 78 ) 10 final of 16   January 1978 ).
               .     European Parliament has already delivered a favourable
Opinion on a proposal for action to restructure the inshore fishing
industry for ?which the present proposal is only an interim measure
anticipating the implementation for 1978 of that common multi-annual
                                                                   *
programme .      ""
        It is recommended that the Commission approves the attached
proposal for a Regulation and foward it to the Council for its meeting
on 24 April .
 ---pagebreak---                             TIMETABLE
      The " Fisheries"meeting of the Council on 4 April 1978 emphasized
the need to undertake a fresh study of all the structural proposals in
connection with the draft Resolution which was before the Council on
30 and 31 January 1978 . .                                          •»
      The present proposal is the outcome of the undertaking which is
point 4 of the draft Resolution cited above and goes together jrfith
the proposals which are already before the Council .
      All these proposals should be discussed during the " Fisheries "
meeting of the Council on 24 April 1978 .
       It is expected that the Council will adopt them during its meeting
on 22-23 May 1978 .   It therefore seems necessary that the Parliament
should adopt the present proposal during its plenary session to be -
held in May .
 ---pagebreak---                        EXPLANATORY MEMORANDUM
        On /8 November 1975 the Commission put a proposal for a Regula­
 tion on a measure for restructuring non-industrial inshore fisheries .
 By virtue of Article 149 ( 2 ) of the Treaty , this proposal was amended
on 14 July 19 76 to take account of the Opinions of the European Par­
 liament and the Economic and Social Committee .
        This measure will need to be implemented under programmes which
can only be worked out after a detailed study of the real production
possibilities n the various Community regions . These studies fcannot
be completed in the near future .
        Nevertheless , in the proposal for a Resolution on the common po­
licy on structures and markets in the fisheries sector , Doc . COM < 73 )
10 final of 16.1 . 1978 , the Commission has emphasised that :
- particular attention should be paid to restructuring and development
   potential in fishing and in inshore fishing in particular ;
- before 1 May 1978 an interim common measure should be adopted to
   provide , during 1978 , within the general outline of the proposal
   cited above , support from the Guidance Section of the EAGGF for in­
   vestment projects for the purchase or construction of fishing vessels
   and for aquaculture in regions where there is scope for developing
   fishing .
                                                 «
       To this end , the present proposal seeks to promote the development
of inshore fishing in regions where the ^ fishing potential allows an .
increase in aouaculture production capacity in regions particularly sui­
table for this activity .
        In order to ensure that investments which are to receive support
from the fund are economically and technically worthwhile , certain
conditions and criteria for the selection of projects have been fixed
 ---pagebreak--- in reject of fishing vessels and aquaculture installations .
        The measures provided for by this Regulation constitute a com­
mon measure within the meaning of Article 6 ( 1 ) of Regulation ( EEC)
No 729/70 since they contribute to the attainment of the objectives
of Article 39 < 1 > (a) of the Treaty . However, this measure is of an
 interim natur ?.. until such time as a more complex measure for restruc­
turing fisheries in all the coastal regions of the Community can be
 carried out ; it is restricted to investment projects in respect of
 which requests for aid are received before 1 September 1978 .       • .
                                                                    »
        The estimated total cost of this common measure is 5 million EUA .
The rules for granting the aid are broadly comparable to those at pre­
  sent in force for financing projects under Regulation ( EEC ) No 355 /77 .
         In view of ttfe urgency , the Commission envisages reducing the
  time lag traditionally provided for between presentation of the requests
  and the decision to grant aid from the Fund to four months .
    O.J. No L , 23.2.1977 , p. 1 .
 ---pagebreak---                             Proposal for a
                      COUNCIL REGULATION (EEC ) Ho
                                 of
               on a common interim measure for restructuring
                        the inshore fishing industry
THE COUNCIL OF THE EUROPEAN COMMUNITIES /
Having regard to the Treaty establishing the European Economic Community ,
and in particular Article 43 thereof,
Having regard to the proposal from the Commission,
Having regard t$ the opinion of the European Parliament ,
Whereas Article 9 (2 ) of Council Regulation (EEC ) No 101 /76 of 19 January 1976
laying down a common structural policy for the fishing industry provides
      that common measures may be decided upon for the attainment of
the objectives mentioned in paragraph 1 of that Article provided that
they relate to the objectives set out in Article 39 ( 1)(a ) of the Treaty;
whereas these common measures may be financed by the Guidance Section
                                    *■                         ...
of the European Agricultural Guidance and Guarantee Fund under Article 1 (3 )
of Council Regulation (EEC ) No 729/70 of 21 April 1970 on the financing of
                                  2
the common agricultural policy , as last amended by Regulation (EEC ) No
2788/72^
Whereas action to restructure inshore fishing is necessary in order to
promote the rational use of th® available resources and the best use of
production factors and to ensure fair living standards for those      ./
 O.J. No L 20 / 28.1.1976 / p. 19 .
2O.J. No L 94/ 28.4.1970/ p. 13 .
3O.J. No L295, 30.12.1972/ p. 1 .
                           '  ""       ·( -
 ---pagebreak---  who Live by fishing ; whereas, for this purpose, the Commission propo­
 sed tc the Council a common measure 1 which provided that the restruc­
 turing of this sector should be implemented under programmes whose
  implementation requires a detailed analysis, of the production potential
 of the different Community regions ; whereas this analysis is not yet
 complete ! whereas this proposal has received a favourable Opinion from the
 European Parliament^;
  Whereas,unti'. such time'as better knowledge of this potential is -avai­
  lable , the Guidance Section of the Fund should, during 1978, undertake
  the financing of investment projects for the development of inshore
  fishing in regions where the fishing potential makes this development
  possible and for the development of aquaoulture in regions which are
  particularly suited to this activity ;
  whereas a contribution from the Fund in the form of a capital subsidy
  not exceeding 25 % of the total investment is an appropriate contribu­
  tion to this measure ;
  whereas some regions of the Community find themselves at a disadvantage
  from the point of view of agricultural revenues and under-employment
  both in the agriculture sector and elsewhere ; whereas the action for
   structural development of these regions should be re–inforced in those
   areas where this would be most likely to improve the situation in a
   rapid and lasting way ;
                                              ι
  Whereas , in order to ensure that beneficiaries observe the conditions
   laid down when support is granted by .the Fund, an effective control
. procedure should be provided for together with the authority to suspend ,
   reduce or withdraw Fund support ,
   HAS ADOPTED THIS REGULATION :
    O.J. No C 6 , 10.1 . 1976 / p . 2 ,
   2O.J. No C 125; 8.6.1976, p.37 ,
 ---pagebreak---                                                                           3 .-
 Title I. Provisions concerning the projects
                              Article 1
                          *                                         •* »'
 1 . The Guidance Section of the European Agricultural Guidance and
Guarantee Func., hereinafter called the " Fund", shall participate, in
the financing of investment projects for :                      >
- the development of inshore fishing in regions where fishing potential
    makes this possible ,
- the development of aquaculture in regions which are particularly
    suited to this Activity .
                                                                    i
2 . The measures provided for by this Regulation shall constitute common
measures within the meaning of Article 6<1 ) of Regulation ( EEC ) No 729 / 70 .
 ---pagebreak---                             Article 2
For the purposes of this Regulation , " project " means any investment
project for :
( a ) the construction or-purchase of fishing vessels ;
( b ) the construction , equipping or modernisation of aquaculture esta
      blishmen'rs for rearing fish , crustaceans and molluscs . »
 ---pagebreak---                                                                         5 .-
                             Article 3
1 . In orde - to qualify for aid from the Fund , the equipment covered
     by the projects shall meet the following technical conditions :
     a ) in respect of fishing vessels
         • it shall have a length "between 12 and 24 metres , measured between
                                                                  »
           perpendiculars , or a tonnage between 25 and 130 gross registered
           tonnes ;
         – it shall be equipped to carry out more than one type of fishing ;
    •b ) in respectif breeding
         – it shall concern the breeding or rearing of fish , crustaoeans and
           molluscs for commercial purposes *
2 . The lower limits referred to in paragraph 1(a) may be reduoed to
    6 metres in length or 10 gross registered tonnes for vessels fishing
     otherwise than by trawl or puse seine .
 ---pagebreak---                                                                     6 .-
                           Article 4
1 . The projects shall provide an adequate guarantee of profitability
     and contribute to a Lasting economic improvement in the structures
     of the industry in question .
                                                                      s
2, Priority for support from the Fund shall "be given to projects which "bring
    "benefit to regions which have particular difficulties in developing
     satisfactory production structures and whioh also fulfil one or more of
    the following criteria:
     - they are consistent with a rational production policy and serve
       to improve the market supply situation;
    - they improve employment prospects in the inshore fishing industry
       or in aquaculture ;
    - they improve the working conditions and in partioular the safety of
       the workers concerned .
                                                           I
 ---pagebreak---                                                                           7 .-
                             Article 5
 The Member Sta.^e concerned shall submit to the Commission a summary
 document showinu for each project or group of projects :
 < a ) for fishing vessels                                              * *
         that the erpected production increase is compatible with thp '
         real potencial catch ;
         that the person operating vessel in question has sufficient
         training for making the best use of the vessel 's gear;
                       y
( b ) For acruaculture
      - that investments are related to modern breeding techniques and
        permit the development of new production structures in the regions
        concerned ;                                                .
      - that the species to which the projects relate have already been "bred
        commercially .                 »' 5 •
                                                 I
 ---pagebreak---                                                                       8 .-
                             ArticLe 6
1 . Aid fror,- the Fund shall consist of a captial subsidy paid in one
    or more *. nstalments .
2 . For each project , in relation to the investment made ,
    ( a ) the beneficiary shall finance at least 50 # of the total invest-
                                                                           I
          ment ;                                                  *
    ( b) the Member State shall finance at least 5 7° of the "total invest–,
          ment ;
    ( c ) the subsid? granted by the Fund shall not exceed 25 % of the
          total investment .
3 . By way of derogation from paragraph 2 , in Greenland , Ireland , Northern
    Ireland and the Mezzogiorno                       .
    ( a ) the beneficiary shall finance at least 25 $ of the total invest­
          ment ;                     .'
                                     t                      *
    ( b) the Member State shall finance at least 5 % of the total
          investment ;                          >
    Cc ) the subsidy granted by the Fund shall not exceed 50 % of the
                                          I r .                          .
          total investment .
 ---pagebreak---                        Article 7
 This common measure shall not extend beyond 31 December 1978 .
 The estimated total cost to the Pond of "the common measure Bhall
"be 5 million European units of account .                     % .
                                          β
 ---pagebreak---                                                                      10 .-
Title II . Financial and general provisions
                          Article 8
1 . Applications for aid from the Fund shall "be submitted to the Commission
    before 1 September        The Commission shall take a decision by
    31 December 1978.                                             v %
2 . The application for aid from the Fund shall be introduced through the
    Member State concerned and shall have been approved by the said Member
    State *
 ---pagebreak---                                                                  11 .
                       Article 9
A decision shall be taken on aid from the Fund in accordance with
the procedure laid down in Article 12 , after the Fund Committee has
been consulted on the financial aspects .
                                                                   f
The decv.ion on aid shall be notified to the Membef State concerned
and to the beneficiaries .
 ---pagebreak---   Λ
                                                                     12 .-
                       Article 10
Aid from the Fund shall be granted to natural or legal persons
or groups thereof "bearing the ultimate financial responsibility for the
Project .
Payments in respect of aid from the Fund shall be made by agencies
designated for this purpose by the Member State concerned . ..
                                                                *
 Throughout the period in which aid is being provided by the Fund,
 the department or agency designated for this purpose by the Member
 State shall sond to the Commission on request all supporting documents
 and all documents showing that the financial or other conditions imposed
                ?
 for each project are fulfilled. The Commission may , if necessary , make
 an inspection visit .
 After consulting the Fund Committee on the financial aspects , the
 Commission may decide to suspend , reduce or discontinue aid from the
 Fund, in accordance with the procedure laid down in Article 12 .
 - if the project is not carried' out as planned or
 - if some of the conditions imposed are not complied with or
 - if the beneficiary, contrary to the particulars given in his applica­
    tion and repeated in the decision granting aid, has not , within
    two years from the date of notification of that decision, begun
    the work and if he has not , before the. end of this period , supplied
. adequate assurances that the project will be carried out .
 The decision shall be notified to the Member State concerned and to
 the beneficiary .
 The Commission shall take steps to recover any stuns unduly paid*
 ---pagebreak---                                                                       13 .-
                          Article 11
The particulars which applications for aid from the Fund referred to
in Article 8 shall contain and the form in which projects shall "be pre­
sented shall be decided in accordance with the procedure laid down in
Article 12 , a'ter the Fund Committee has been consulted or\ the fin&rtcial
aspects .
 ---pagebreak---                                                                      H.-
                            Article 12
                                                                                   •' 0•
  1 . Where the procedure laid down in this Article is to be followed , the matter       •
  shall "be referred to the Standing Committee for the Fishing Industry , either
 on the initiative of the Chairman thereof or at the request of the repre­
  sentative of a Member State .
                                                                       * »
 2 . The representative of the Commission shall submit the draft of the
rrvTsures to be t.'ken . The Committee shall deliver its opinion within a             V
 tine limit to be set by the Chairman according to the urgency of the
 matter . Opinions shall be adopted by a majority of forty-one votes ,
 the votes of Member States being weighted in accordance with Article
 148(2 ) of the Treaty . The Chairman shall not vote .
                      7
 3 * The Commission shall adopt the measures , which shall apply immediately.
 However, if they are not in accordance with the Opinion of the Standing Committee
 for the Fishing Industiy , 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 Counoil, acting by
 a qualified majority , may adopt different measures within one month.
 ---pagebreak---                                                                       15
                             Article 13
  This ReguUtion shall enter into force on
  This Regulation shall be binding in its entirety and directly applica
  ble in all Member States .
' Done at Brussels ,                                  For the Council ,..
                                                      The President .
 ---pagebreak---                         FINANCIAL                STATEMENT
                                                                                                       L
                                                                                                          BATE i
                                       E / 8302
    2. *XZ0»X« TIT:.E OF BUDGET HEADING :
       Proposed Council Regulation ( EEC) on a common interim measure for restructuring
       the inshore t'shing industry .                                                                                                            ;
    3. lecal basis » Article 43 of the Treaty and Article 6C1 ) of Council Regulation
        ( EEC ) No 729 / 70 of 28.4.1970 on the financing of the common agricultural policy .
   4.xob*3c?xvss » PURPOSE OF THE PROJECT : To enable investment projects to be carried
  out during 1978 in crder to . develop inshore fishing fleets and to develop aquicultu-
  re within the gener.u guidelines given in the proposed Regulation on a: programme for
  restructuring the non-industrial inshore fishing industry ( COM ( 75 ) 574 of . 14.1.1975
   5 . FINANCIAL COMSEQULNCE                         IpaTmiHAflKETIKO YEAH             fcURRErT FIRA^'ATT^ I! FOLLOWING:–FINANCIAL TEAR iII
   5.0 EXPENDITURE                                    I    „                        _J                    I           J      t         >
          -C1IARCSD TO TÌD5 EC BUDGET                                                                                                        »
      ,    ( KlUlflS/lflTSRVBJTIOKS )                        5 M EUA                                                         *
          -CHARGED TO NATIONAL AWUîu'STR.
          –CHARGED TO OTHER NATIONAL CR0UP3
   5.1 RECEIPTS
          -CM RESOURCES OP F.V2 EC
           ( LEVI E3/CU3T0K3 DUTIES )                                                                                                          '
          -NATIO.'! Al
                                                      TSAR ...........                  YEAB -                          YCi»                     ' I
   5.0.1 PLURIAimUAL PATTEHH OP EXPEMOITORE
                                                                                                                                     I
  5.1.1 PLUR1 ANNUAL PATTERS OF RECEIPTS
  5»2 method op calculation - 40 vessels x 90 g.r.t . = 3 600 grt x 4.500 EUAx25%= 4»050 M EUA"
                                   - 4 aquiculture installations x 1 .0 M EUA x 25 %                                            » 1 * 000 M EUA?
                                   Rounded total to be charged to the EAGGF budget                                              = 5,000 M EUAR
 working hypothesis
  90 grt               = average tonnage of the vessels covered by the project
  4 500 EUA = average cost of construction per "gross registered tonne
  1.0 M EUA » average cost of constructing and equipping aquiculture installations
          ––                                           T                                                                      immUTIBH– B–P8MBMM–
  6.0 FINANCING POSSIBLE WITH                           ilfj&^IN relevant chapter op current budget ?                              ÏÏS^X
                                   APPROPRIATIONS ENTERED
                                                                                                                                         m m          1
16.1 FINANCING POSSIBLE BY TRAIiS*'£3l B2IVSEM CHAPTERS OF CURRENT BUDGET ?
                                              ***»*™9^mamm>m&9aBMmstBaat3BMmmaKBmBmrmmaBmatomx*aatKea8MemaaaBW)smaEm*
                                                                                                                                   YE3/NO
                                                                                                                                   YES/NO
                                                                                                                                                   Ji
                                                                                                                                                      |
  6«3 OfiEXDCJl XD0XU£XV^{2'2(rø( INftCX FUTUR3 budgets ?
      APPROPRIATIONS TO BE ENTERED
                 1The financial estimate takes account of the fact that , during 1978 , develop­
  ment of inshore fishing fleets and of aquiculture can only be carried out in a li­
  mited number of regions where there is real fishing potential or which are particula
    y suited for breeding fish / crustaceans and'ffiol luscs , This estimate has been made
  in the light of experience gained during management of Regulation 17/64 / EEC ,
    , ^°                it possible to finance th4s interim measure, the appropriations for Item
    -> o t e 1978 Budget ^ originally intended to finance the common multi-annual pro­
  gramme . or restructuring inshore fishing which has not yet been adopted by the
  i ^nC u WlL1, , be . used : Since these appropriations are at present entered in Chapter
  100, the Commission will shortly advise the Budgetary Authority of its proposal to
  transfer this to Heading 8302 .                                                                                                                   I