95/451/EC: Council Decision of 26 October 1995 on a specific measure for the grant of an indemnity to fishermen from certain Member States of the Community who have had to suspend their fishing activities in waters under the sovereignty or jurisdiction of Morocco

COUNCIL DECISION of 26 October 1995 on a specific measure for the grant of an indemnity to  fishermen from certain Member States of the Community who have had to suspend their fishing  activities in waters under the sovereignty or jurisdiction of Morocco (95/451/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 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 for fisheries guidance   (1), and in particular Article 6 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament  (2),
Whereas the Agreement on relations in the sea fisheries sector between the European Economic  Community and the Kingdom of Morocco applicable for a period of four years from 1 May 1992  (3)  provided for a mid-term review;
Whereas it was agreed at the mid-term review meeting to terminate the validity of the Agreement on  30 April 1995 and to start negotiations on a new Agreement which would apply from 1 May 1995;  whereas it proved impossible to conclude these negotiations by that date;
Whereas, as a result of a notification from the Moroccan authorities, Community vessels operating  in waters under the sovereignty or jurisdiction of Morocco stopped their fishing activities on 30  April 1995;
Whereas about 700 vessels flying the flags of Spain and Portugal are affected by the suspension of  fishing activities and cannot work either in Community waters or elsewhere;
Whereas, under those conditions, an exceptional situation of particular seriousness arises;
Whereas, pending the outcome of the negotiations in progress, the consequences of this suspension  of activities should be reduced to a minimum by the grant of an indemnity to shipowners and  fishermen designed to remedy a serious disturbance in the economies of certain areas of the Member  States concerned; whereas the indemnity for shipowners and fishermen may be granted only where they  have had to suspend all fishing activities as a result of the failure to renew the Agreement;
Whereas the shipowners may qualify temporarily for Community financial assistance under the  financial instrument for fisheries guidance pursuant to Article 14 of 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  (4);
Whereas an indemnity for fishermen constitutes a specific measure within the meaning of the last  indent of Article 3 (1) of Regulation (EEC) No 2080/93;
Whereas in view of the deterioration in the circumstances of fishermen as a result of the  exceptional length of the crisis, the indemnity should be increased from 1 September 1995;
Whereas a number of Spanish and Portuguese vessels have been forced to suspend all activities on  account of the interruption of fishing in Moroccan waters; whereas this period of inactivity should  be taken into consideration, therefore, in the calculation of fishing activity for the purposes of  eligibility for structural aid measures,