1999/27/EC: Council Decision of 17 December 1998 on a specific measure to encourage diversification out of certain fishing activities and amending Decision 97/292/EC

COUNCIL DECISION of 17 December 1998 on a specific measure to encourage diversification out of certain fishing activities and amending Decision 97/292/EC (1999/27/EC)
THE COUNCIL OF THE EUROPEAN UNION
,
Having regard to the Treaty establishing the European Community, and in particular Article 43 thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the European Parliament (2),
(1) Whereas, pursuant 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 of fisheries guidance (3), specific measures may be financed by that instrument;
(2) Whereas Article 11a of Council Regulation (EC) No 894/97 of 29 April 1997 laying down certain technical measures for the conservation of fishery resources (4) prohibits the use of drift nets intended for the capture of certain species from 1 January 2002;
(3) Whereas this Decision will have unfavourable economic and social repercussions in the short term for a number of fishing fleets, thus justifying at Community level an appropriate range of actions and special supporting measures for fishermen serving on board and the owners of fishing vessels; whereas the measures concerned will have to be exceptional in character, however, and in any event be met from the budget for the affected Member States' existing structural programmes;
(4) Whereas it is consequently appropriate to derogate temporarily from the criteria for eligibility under the financial instrument for fisheries guidance, hereinafter referred to as 'FIFG` and, if necessary, adjust the upper limit on the relevant eligible expenditure;
(5) Whereas a specific number of fishing vessels flying the Spanish, French, Irish, Italian and United Kingdom flags are affected by the ban on fishing with drift nets imposed by Regulation (EC) No 1239/98; whereas on 28 April 1997 the Council adopted Decision 97/292/EC on a specific measure to encourage Italian fishermen to diversify out of certain fishing activities (5); whereas there is therefore no need to adopt a new specific measure for the said Italian fishermen; whereas, however, for the sake of clarity, that Decision should be amended to list the cases where aid may be cumulated;
(6) Whereas most of the possible measures fall within the scope of the FIFG as laid down by Council Regulation (EC) No 3699/93 of 21 December 1993 laying down the criteria and arrangements regarding Community structural assistance in the fisheries and aquaculture sector and the processing and marketing of its products (6); whereas they will be financed from the FIFG following normal procedures;
(7) Whereas the Member States who wish to avail themselves of the specific measures proposed must draw up conversion plans for this purpose;
(8) Whereas, so as to ensure that compensation is granted only to fishermen and owners of vessels whose income depends on fishing with drift nets as banned by the Council, it must be specified that the fishermen and vessels concerned must have practised these activities in 1995, 1996 or 1997; whereas provision should also be made for effective variation in the amounts of compensation depending in particular on the extent to which these activities are actually practised, the cost of conversion and the age of the vessels;
(9) Whereas the authorities of the Member States concerned must ensure, when implementing their conversion plan, that beneficiaries may not receive aid other than that provided for under this Decision nor obtain other financial incentives which would not be justified; whereas in particular, rules should be laid down governing cumulation provided for by this specific measure with aid paid before 1998 pursuant to Council Regulation (EEC) No 4028/86 of 18 December 1986 on Community measures to improve and adapt structures in the fisheries and aquaculture sector (7) or Regulation (EC) No 3699/93;
(10) Whereas the final date for implementing this specific measure must not be later than the date on which the ban on fishing with drift nets comes into force; whereas in any case the commitment by the Member States of the necessary financial means up until 31 December 1999, and booking of the expenditure up until 31 December 2001, are compatible with the Structural Funds' regulations,