CELEX: 51982PC0305
Language: en
Date: 1982-06-04
Title: Proposal for a COUNCIL DECISION amending Decision 78/640/EEC on financial participation by the Community in inspection and surveillance operations in the maritime waters of Denmark and Ireland (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
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DOCUMENTS "COM"
COM (82) 305
Vol. 1982/0112
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                     COM(82)305 final
                                                     Brussels - 4 June 1982
                        y   f\ Proposal for a
                  /         ^            -A
                i    .,       -
                               COUNCIL■
                                        DECISION
                                            \
  amending Decision 78 / 640/ EEC on financial participation by the
                           v- .
  Community in \inspection > and surveillance operations in the
                    maritime waters of Denmark and Ireland
                                 ,x
                                *   *
             ( submitted to the Council by the Commission )
 C0M(82 ) 305 final
 ---pagebreak---                              EXPLANATORY MEMORANDUM
Council Decision 78 / 6^0 /EEC of 25 July 1978 ( 1 ) provides for Community finan­
cial contributions towards expenditure by Denmark and Ireland between
1 January 1977 and 31 December 1982 for short- and medium-term measures
connected with the introduction of specialized facilities appropriate to the
inspection and surveillance of fishing activities .
The implementation of the medium-term measures in Ireland has been delayed
because of the complexity of designing new facilities , which must be parti­
cularly sophisiticated to ensure total effectiveness in the inspection and
surveillance of very large fishing areas .
Since the programme drawn up by Ireland and approved by the Commission Deci­
sion of 15 May 1979 cannot be fully implemented by 1 January 1983 , the Com­
mission considers that it would be in the Community 's interest to extend this
date so that the planned work can be completed and Community participation in
the expenditure involved can be ensured .
To facilitate implementation , the Commission feels that there should be
provision for the Community to make advance payments to Ireland as and when
investment is made to fulfil the programme approved by the Commission .
The Commission therefore invites the Council to adopt the attached draft
Decision amending Council Decision 78 / 640 / EEC of 25 July 1978 on financial
participation by the Community in inspection and surveillance operations in
the maritime waters of Denmark and Ireland .
( 1 ) OJ No . L 211 . 1.8.1978 , page 3*».
 ---pagebreak---                                 Proposal for a
                               COUNCIL DECISION
                       amending Decision 78/ 640/ EEC
        on financial participation by the Community in inspection
          and surveillance operations in the maritime waters of
                            Denmark and Ireland
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community ,
and in particular Article ^3 thereof ,
Having regard to the proposal from the Commission ,
                                                           1
Having regard to the opinion of the European Parliament ,
Whereas the introduction of a Community system for the conservation and
management of fishery resources and the introduction of restrictions on
fishing necessitate , in the Community interest , the protection of the resour­
ces and surveillance of the maritime waters which are within the jurisdiction
of Member States ;
                                       2
Whereas Council Decision 78/ 640 / EEC   provides that the Community
shall participate in financing expenditure incurred in Denmark
and Ireland between 1 Janaury 1977 and 31 December 1982 in the implementation
of short-term and medium-term measures to introduce specialized facilities for
the inspection and surveillance of fishing activities ;
Whereas the medium-term measures include in particular the purchase or
construction of coastguard vessels , the pruchase of reconnaissance aircraft
and the purchase and installation of the necessary technical , electronic and
photographic equipment ;
Whereas the implementation of these medium-term measures in Ireland has been
delayed because of the complexity of designing new facilities , which must be
particularly sophisticated to ensure total effectiveness in the inspection and
surveillance of very large fishing areas ;
    OJ No . L 211 , 1.8.1978 , page 31».
 ---pagebreak---                                                               2.
Whereas the programme drawn up by Ireland and approved by the Commission
Decision of 15 May 1979 cannot be fully implemented by 1 January 1983 ; whereas
this time-limit should be deferred in the Community interest to enable the
planned work to be completed and to ensure Community participation in the
expenditure involved ;
Whereas , to facilitate the work concerned , provision should be made for the
Community to make advance payments to Ireland as and when the investment is
carried out with a view to fulfilling the programme approved by the Com­
mission ,
HAS DECIDED AS FOLLOWS :
 ---pagebreak---                                            I
                                                                 3 .-
                                    Article 1
   Decision 78/ 640/ EEC is hereby amended as follows :
1. Article 1(2 ) is replaced by the following :
   "2.   The Community shall reimburse eligible expenditure incurred by Denmark and
         Ireland as a result of the introduction of the facilities referred to in
           paragraph 1 :
           - up to 10 million ECU in the case of Denmark for the period from
             1 January 1977 to 31 December 1982 ;
           - up to M6 million ECU in the case of Ireland for the period   from
             1 January 1977 to 31 December 1984 ."
2. The following Article 1a is inserted after Article 1 :
   " Article 1a
   1.    As a contribution towards implementation of the work set out in the
   programme submitted by the Irish authorities and approved by the Commission on
   15 May 1979 , the Commission may make advance payments to the Government of
   Ireland of up to 80 % of the cost of the work envisaged for each annual phase .
   2.    Three months at the earliest before the start of actual work on an annual
   phase , the Government of Ireland may transmit a request to the Commission   for
   advance payment from which it can be ascertained that the conditions for
   payment are fulfilled .
   Six months after receipt of an advance payment , the Government of Ireland
   shall show to the satisfaction of the Commission that the work carried out
   amounts to at least 6.5 % of the annual      phase   multiplied by the number of
   months since the date of commencement of the work as given in the request for
    advance payment . If such cannot be shown , the Government of Ireland will be
    required to return the advance payment received .
    3.    Requests for advance payments relating to subsequent annual phases of
    work may be entered once at least 80 % of the work planned for the preceding
    phase has been completed and any earlier phases have been concluded .
 ---pagebreak--- 4.     Three months at the latest after the planned completion of an annual
phase of work for which advance payment has been made , the Government of
Ireland shall enter an application for the finalization of the aid granted for
that phase - If such an application cannot be entered , the Government of •
Ireland shall be required to return the advance payment      received ."
3.     The first sentence in point 2 of the Annex is replaced by the following :
                                                    *
"2 .     The medium-term measures must be implemented before 1 January 1983 in
the case of Denmark and 1 January 1985 in the case of Ireland ."
4.       Point 6 of the Annex is replaced by the following :
"6.      Applications for reimbursement shall relate to expenditure incurred by
the Government of Ireland in the course of a calendar year or part of a
calendar year greater than three months . Applications shall be forwarded to
the Commission within 6 months in the case of expenditure during a calendar
year and within 3 months in the case of expenditure during part of a calendar
year . "
                                  Article 2
This Decision is addressed to the Kingdom of Denmark and to Ireland .
Done at Brussels ,
                                                   For the Council ,
                                                   The President