Article 1 
Scope This Regulation lays down exceptional supporting measures for the persons and enterprises, engaged in the Spanish fisheries, shellfish industry and aquaculture in the Spanish coastal areas affected by the oil pollution from the Prestige shipwreck, as well as the conditions for and the limits of such support. Article 2 Specific measures 1. The following specific measures may be taken by Spain for the persons and enterprises referred to in Article 1: (a) compensation to persons and owners of enterprises for the temporary cessation of their activities; (b) measures to encourage the replacement of fishing gear, of other auxiliary equipments and the reparation of the affected boats and the substitution of their damaged elements; (c) measures to encourage the cleaning, the repairing and the reconstruction of shellfish and aquaculture sites; (d) measures to compensate for the replacement of shellfish stocks. 2. The expenses incurred within the framework of the specific measures shall be eligible under the condition that the temporary cessation of the activities referred to in point (a) as well as the damages caused to the gear or the sites referred to in points (b), (c) and (d) have been due to the oil spills from the Prestige shipwreck. 3. The rates of assistance for the specific measures are specified in the Annex. Article 3 Derogations from Regulation (EC) No 2792/1999 1. By derogation from the provisions of Regulation (EC) No 2792/1999, the specific measures referred to in Article 2 shall be granted in accordance with paragraphs 2 to 6 of this Article. 2. The compensations for the temporary cessation of activities, referred to in Article 16(1)(a) of Regulation (EC) No 2792/1999, may be granted also for persons and owners of enterprises engaged in the Spanish shellfish industry and aquaculture. 3. The limits of two and six months prescribed in Article 16(1)(a) of Regulation (EC) No 2792/1999 shall not apply. 4. The financial contribution from the FIFG to the compensations referred to in paragraphs 1 and 2 shall not be taken into consideration when determining compliance with the thresholds referred to in the first subparagraph of Article 16(3) of Regulation (EC) No 2792/1999. 5. The restrictions set out in Annex III, point 1.4, last paragraph, of Regulation (EC) No 2792/1999 shall not be applicable with regard to the replacement of fishing gear damaged by the oil pollution from the Prestige shipwreck. 6. The following costs shall be eligible under Article 13(1) of Regulation (EC) No 2792/1999: (a) costs incurred by the cleaning, the repairing and the reconstruction activities aimed at restoring the production capacity of shellfish and aquaculture sites affected by the oil pollution in question; (b) costs of the restocking necessary to reinstate the shellfish stocks aquaculture sites affected by the oil pollution in question. Article 4 Applicability of general provisions The provisions of Regulation (EC) No 1260/1999(6) and No 2792/1999(7) shall apply for the implementation of the specific measures defined in Article 2 under the provisions and the derogation conditions laid down in this Regulation. Article 5 Additional Community participation 1. In addition to the assistance of FIFG appropriations, the complementary amount of the Community participation allocated to the purposes of this Regulation shall be EUR 30 million. 2. This additional amount shall be made available from the funds previously allocated for the purposes of Regulation (EC) No 2561/2001. Article 6 Amendment to Regulation (EC) No 2561/2001 In Article 5(1) of Regulation (EC) No 2561/2001 the following subparagraph is added:"Within the allocation for Spain, an amount not exceeding EUR 30 million shall be reserved for the measures defined in Council Regulation (EC) No 2372/2002." Article 7 Implementation reports Spain shall present to the Commission a consolidated report of the implementation of the specific measures, referred to in Article 2, for every year of their implementation by 31 March of the following year. The first of such reports will be due on 31 March 2004. Article 8 Detailed rules The measures necessary for the implementation of this Regulation shall be adopted in accordance with management procedure referred to in Article 9(2). Article 9 1. The Commission shall be assisted by the committee on structures for fisheries and aquaculture established by Article 51 of Regulation (EC) No 1260/1999. 2. Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply. The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at one month. Article 10 Final provisions This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Communities. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 20 December 2002. For the Council The President M. Fischer Boel (1) Not yet published in the Official Journal. (2) Opinion of 19.12.2002 (not yet published in the Official Journal). (3) OJ L 337, 30.12.1999, p. 10. (4) OJ L 344, 28.12.2001, p. 17. (5) OJ L 184, 17.7.1999, p. 23. (6) Council Regulation (EC) No 1260/1999 of 21 June 1999 laying down general provisions on the Structural Funds (OJ L 161, 26.6.1999, p. 1). (7) Council Regulation (EC) No 2792/1999 of 17 December 1999 laying down the detailed rules and arrangements regarding Community structural assistance in the fisheries sector (OJ L 337, 30.12.1999, p. 10).
Article 2 
Specific measures 1. The following specific measures may be taken by Spain for the persons and enterprises referred to in Article 1: (a) compensation to persons and owners of enterprises for the temporary cessation of their activities; (b) measures to encourage the replacement of fishing gear, of other auxiliary equipments and the reparation of the affected boats and the substitution of their damaged elements; (c) measures to encourage the cleaning, the repairing and the reconstruction of shellfish and aquaculture sites; (d) measures to compensate for the replacement of shellfish stocks. 2. The expenses incurred within the framework of the specific measures shall be eligible under the condition that the temporary cessation of the activities referred to in point (a) as well as the damages caused to the gear or the sites referred to in points (b), (c) and (d) have been due to the oil spills from the Prestige shipwreck. 3. The rates of assistance for the specific measures are specified in the Annex. Article 3 Derogations from Regulation (EC) No 2792/1999 1. By derogation from the provisions of Regulation (EC) No 2792/1999, the specific measures referred to in Article 2 shall be granted in accordance with paragraphs 2 to 6 of this Article. 2. The compensations for the temporary cessation of activities, referred to in Article 16(1)(a) of Regulation (EC) No 2792/1999, may be granted also for persons and owners of enterprises engaged in the Spanish shellfish industry and aquaculture. 3. The limits of two and six months prescribed in Article 16(1)(a) of Regulation (EC) No 2792/1999 shall not apply. 4. The financial contribution from the FIFG to the compensations referred to in paragraphs 1 and 2 shall not be taken into consideration when determining compliance with the thresholds referred to in the first subparagraph of Article 16(3) of Regulation (EC) No 2792/1999. 5. The restrictions set out in Annex III, point 1.4, last paragraph, of Regulation (EC) No 2792/1999 shall not be applicable with regard to the replacement of fishing gear damaged by the oil pollution from the Prestige shipwreck. 6. The following costs shall be eligible under Article 13(1) of Regulation (EC) No 2792/1999: (a) costs incurred by the cleaning, the repairing and the reconstruction activities aimed at restoring the production capacity of shellfish and aquaculture sites affected by the oil pollution in question; (b) costs of the restocking necessary to reinstate the shellfish stocks aquaculture sites affected by the oil pollution in question. Article 4 Applicability of general provisions The provisions of Regulation (EC) No 1260/1999(6) and No 2792/1999(7) shall apply for the implementation of the specific measures defined in Article 2 under the provisions and the derogation conditions laid down in this Regulation. Article 5 Additional Community participation 1. In addition to the assistance of FIFG appropriations, the complementary amount of the Community participation allocated to the purposes of this Regulation shall be EUR 30 million. 2. This additional amount shall be made available from the funds previously allocated for the purposes of Regulation (EC) No 2561/2001. Article 6 Amendment to Regulation (EC) No 2561/2001 In Article 5(1) of Regulation (EC) No 2561/2001 the following subparagraph is added:"Within the allocation for Spain, an amount not exceeding EUR 30 million shall be reserved for the measures defined in Council Regulation (EC) No 2372/2002." Article 7 Implementation reports Spain shall present to the Commission a consolidated report of the implementation of the specific measures, referred to in Article 2, for every year of their implementation by 31 March of the following year. The first of such reports will be due on 31 March 2004. Article 8 Detailed rules The measures necessary for the implementation of this Regulation shall be adopted in accordance with management procedure referred to in Article 9(2). Article 9 1. The Commission shall be assisted by the committee on structures for fisheries and aquaculture established by Article 51 of Regulation (EC) No 1260/1999. 2. Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply. The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at one month. Article 10 Final provisions This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Communities. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 20 December 2002. For the Council The President M. Fischer Boel (1) Not yet published in the Official Journal. (2) Opinion of 19.12.2002 (not yet published in the Official Journal). (3) OJ L 337, 30.12.1999, p. 10. (4) OJ L 344, 28.12.2001, p. 17. (5) OJ L 184, 17.7.1999, p. 23. (6) Council Regulation (EC) No 1260/1999 of 21 June 1999 laying down general provisions on the Structural Funds (OJ L 161, 26.6.1999, p. 1). (7) Council Regulation (EC) No 2792/1999 of 17 December 1999 laying down the detailed rules and arrangements regarding Community structural assistance in the fisheries sector (OJ L 337, 30.12.1999, p. 10).
Article 3 
Derogations from Regulation (EC) No 2792/1999 1. By derogation from the provisions of Regulation (EC) No 2792/1999, the specific measures referred to in Article 2 shall be granted in accordance with paragraphs 2 to 6 of this Article. 2. The compensations for the temporary cessation of activities, referred to in Article 16(1)(a) of Regulation (EC) No 2792/1999, may be granted also for persons and owners of enterprises engaged in the Spanish shellfish industry and aquaculture. 3. The limits of two and six months prescribed in Article 16(1)(a) of Regulation (EC) No 2792/1999 shall not apply. 4. The financial contribution from the FIFG to the compensations referred to in paragraphs 1 and 2 shall not be taken into consideration when determining compliance with the thresholds referred to in the first subparagraph of Article 16(3) of Regulation (EC) No 2792/1999. 5. The restrictions set out in Annex III, point 1.4, last paragraph, of Regulation (EC) No 2792/1999 shall not be applicable with regard to the replacement of fishing gear damaged by the oil pollution from the Prestige shipwreck. 6. The following costs shall be eligible under Article 13(1) of Regulation (EC) No 2792/1999: (a) costs incurred by the cleaning, the repairing and the reconstruction activities aimed at restoring the production capacity of shellfish and aquaculture sites affected by the oil pollution in question; (b) costs of the restocking necessary to reinstate the shellfish stocks aquaculture sites affected by the oil pollution in question. Article 4 Applicability of general provisions The provisions of Regulation (EC) No 1260/1999(6) and No 2792/1999(7) shall apply for the implementation of the specific measures defined in Article 2 under the provisions and the derogation conditions laid down in this Regulation. Article 5 Additional Community participation 1. In addition to the assistance of FIFG appropriations, the complementary amount of the Community participation allocated to the purposes of this Regulation shall be EUR 30 million. 2. This additional amount shall be made available from the funds previously allocated for the purposes of Regulation (EC) No 2561/2001. Article 6 Amendment to Regulation (EC) No 2561/2001 In Article 5(1) of Regulation (EC) No 2561/2001 the following subparagraph is added:"Within the allocation for Spain, an amount not exceeding EUR 30 million shall be reserved for the measures defined in Council Regulation (EC) No 2372/2002." Article 7 Implementation reports Spain shall present to the Commission a consolidated report of the implementation of the specific measures, referred to in Article 2, for every year of their implementation by 31 March of the following year. The first of such reports will be due on 31 March 2004. Article 8 Detailed rules The measures necessary for the implementation of this Regulation shall be adopted in accordance with management procedure referred to in Article 9(2). Article 9 1. The Commission shall be assisted by the committee on structures for fisheries and aquaculture established by Article 51 of Regulation (EC) No 1260/1999. 2. Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply. The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at one month. Article 10 Final provisions This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Communities. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 20 December 2002. For the Council The President M. Fischer Boel (1) Not yet published in the Official Journal. (2) Opinion of 19.12.2002 (not yet published in the Official Journal). (3) OJ L 337, 30.12.1999, p. 10. (4) OJ L 344, 28.12.2001, p. 17. (5) OJ L 184, 17.7.1999, p. 23. (6) Council Regulation (EC) No 1260/1999 of 21 June 1999 laying down general provisions on the Structural Funds (OJ L 161, 26.6.1999, p. 1). (7) Council Regulation (EC) No 2792/1999 of 17 December 1999 laying down the detailed rules and arrangements regarding Community structural assistance in the fisheries sector (OJ L 337, 30.12.1999, p. 10).
Article 4 
Applicability of general provisions The provisions of Regulation (EC) No 1260/1999(6) and No 2792/1999(7) shall apply for the implementation of the specific measures defined in Article 2 under the provisions and the derogation conditions laid down in this Regulation. Article 5 Additional Community participation 1. In addition to the assistance of FIFG appropriations, the complementary amount of the Community participation allocated to the purposes of this Regulation shall be EUR 30 million. 2. This additional amount shall be made available from the funds previously allocated for the purposes of Regulation (EC) No 2561/2001. Article 6 Amendment to Regulation (EC) No 2561/2001 In Article 5(1) of Regulation (EC) No 2561/2001 the following subparagraph is added:"Within the allocation for Spain, an amount not exceeding EUR 30 million shall be reserved for the measures defined in Council Regulation (EC) No 2372/2002." Article 7 Implementation reports Spain shall present to the Commission a consolidated report of the implementation of the specific measures, referred to in Article 2, for every year of their implementation by 31 March of the following year. The first of such reports will be due on 31 March 2004. Article 8 Detailed rules The measures necessary for the implementation of this Regulation shall be adopted in accordance with management procedure referred to in Article 9(2). Article 9 1. The Commission shall be assisted by the committee on structures for fisheries and aquaculture established by Article 51 of Regulation (EC) No 1260/1999. 2. Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply. The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at one month. Article 10 Final provisions This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Communities. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 20 December 2002. For the Council The President M. Fischer Boel (1) Not yet published in the Official Journal. (2) Opinion of 19.12.2002 (not yet published in the Official Journal). (3) OJ L 337, 30.12.1999, p. 10. (4) OJ L 344, 28.12.2001, p. 17. (5) OJ L 184, 17.7.1999, p. 23. (6) Council Regulation (EC) No 1260/1999 of 21 June 1999 laying down general provisions on the Structural Funds (OJ L 161, 26.6.1999, p. 1). (7) Council Regulation (EC) No 2792/1999 of 17 December 1999 laying down the detailed rules and arrangements regarding Community structural assistance in the fisheries sector (OJ L 337, 30.12.1999, p. 10).
Article 5 
Additional Community participation 1. In addition to the assistance of FIFG appropriations, the complementary amount of the Community participation allocated to the purposes of this Regulation shall be EUR 30 million. 2. This additional amount shall be made available from the funds previously allocated for the purposes of Regulation (EC) No 2561/2001. Article 6 Amendment to Regulation (EC) No 2561/2001 In Article 5(1) of Regulation (EC) No 2561/2001 the following subparagraph is added:"Within the allocation for Spain, an amount not exceeding EUR 30 million shall be reserved for the measures defined in Council Regulation (EC) No 2372/2002." Article 7 Implementation reports Spain shall present to the Commission a consolidated report of the implementation of the specific measures, referred to in Article 2, for every year of their implementation by 31 March of the following year. The first of such reports will be due on 31 March 2004. Article 8 Detailed rules The measures necessary for the implementation of this Regulation shall be adopted in accordance with management procedure referred to in Article 9(2). Article 9 1. The Commission shall be assisted by the committee on structures for fisheries and aquaculture established by Article 51 of Regulation (EC) No 1260/1999. 2. Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply. The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at one month. Article 10 Final provisions This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Communities. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 20 December 2002. For the Council The President M. Fischer Boel (1) Not yet published in the Official Journal. (2) Opinion of 19.12.2002 (not yet published in the Official Journal). (3) OJ L 337, 30.12.1999, p. 10. (4) OJ L 344, 28.12.2001, p. 17. (5) OJ L 184, 17.7.1999, p. 23. (6) Council Regulation (EC) No 1260/1999 of 21 June 1999 laying down general provisions on the Structural Funds (OJ L 161, 26.6.1999, p. 1). (7) Council Regulation (EC) No 2792/1999 of 17 December 1999 laying down the detailed rules and arrangements regarding Community structural assistance in the fisheries sector (OJ L 337, 30.12.1999, p. 10).
Article 6 
Amendment to Regulation (EC) No 2561/2001 In Article 5(1) of Regulation (EC) No 2561/2001 the following subparagraph is added:"Within the allocation for Spain, an amount not exceeding EUR 30 million shall be reserved for the measures defined in Council Regulation (EC) No 2372/2002." Article 7 Implementation reports Spain shall present to the Commission a consolidated report of the implementation of the specific measures, referred to in Article 2, for every year of their implementation by 31 March of the following year. The first of such reports will be due on 31 March 2004. Article 8 Detailed rules The measures necessary for the implementation of this Regulation shall be adopted in accordance with management procedure referred to in Article 9(2). Article 9 1. The Commission shall be assisted by the committee on structures for fisheries and aquaculture established by Article 51 of Regulation (EC) No 1260/1999. 2. Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply. The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at one month. Article 10 Final provisions This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Communities. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 20 December 2002. For the Council The President M. Fischer Boel (1) Not yet published in the Official Journal. (2) Opinion of 19.12.2002 (not yet published in the Official Journal). (3) OJ L 337, 30.12.1999, p. 10. (4) OJ L 344, 28.12.2001, p. 17. (5) OJ L 184, 17.7.1999, p. 23. (6) Council Regulation (EC) No 1260/1999 of 21 June 1999 laying down general provisions on the Structural Funds (OJ L 161, 26.6.1999, p. 1). (7) Council Regulation (EC) No 2792/1999 of 17 December 1999 laying down the detailed rules and arrangements regarding Community structural assistance in the fisheries sector (OJ L 337, 30.12.1999, p. 10).
Article 7 
Implementation reports Spain shall present to the Commission a consolidated report of the implementation of the specific measures, referred to in Article 2, for every year of their implementation by 31 March of the following year. The first of such reports will be due on 31 March 2004. Article 8 Detailed rules The measures necessary for the implementation of this Regulation shall be adopted in accordance with management procedure referred to in Article 9(2). Article 9 1. The Commission shall be assisted by the committee on structures for fisheries and aquaculture established by Article 51 of Regulation (EC) No 1260/1999. 2. Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply. The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at one month. Article 10 Final provisions This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Communities. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 20 December 2002. For the Council The President M. Fischer Boel (1) Not yet published in the Official Journal. (2) Opinion of 19.12.2002 (not yet published in the Official Journal). (3) OJ L 337, 30.12.1999, p. 10. (4) OJ L 344, 28.12.2001, p. 17. (5) OJ L 184, 17.7.1999, p. 23. (6) Council Regulation (EC) No 1260/1999 of 21 June 1999 laying down general provisions on the Structural Funds (OJ L 161, 26.6.1999, p. 1). (7) Council Regulation (EC) No 2792/1999 of 17 December 1999 laying down the detailed rules and arrangements regarding Community structural assistance in the fisheries sector (OJ L 337, 30.12.1999, p. 10).
Article 8 
Detailed rules The measures necessary for the implementation of this Regulation shall be adopted in accordance with management procedure referred to in Article 9(2). Article 9 1. The Commission shall be assisted by the committee on structures for fisheries and aquaculture established by Article 51 of Regulation (EC) No 1260/1999. 2. Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply. The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at one month. Article 10 Final provisions This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Communities. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 20 December 2002. For the Council The President M. Fischer Boel (1) Not yet published in the Official Journal. (2) Opinion of 19.12.2002 (not yet published in the Official Journal). (3) OJ L 337, 30.12.1999, p. 10. (4) OJ L 344, 28.12.2001, p. 17. (5) OJ L 184, 17.7.1999, p. 23. (6) Council Regulation (EC) No 1260/1999 of 21 June 1999 laying down general provisions on the Structural Funds (OJ L 161, 26.6.1999, p. 1). (7) Council Regulation (EC) No 2792/1999 of 17 December 1999 laying down the detailed rules and arrangements regarding Community structural assistance in the fisheries sector (OJ L 337, 30.12.1999, p. 10).
Article 9 
1. The Commission shall be assisted by the committee on structures for fisheries and aquaculture established by Article 51 of Regulation (EC) No 1260/1999. 2. Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply. The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at one month. Article 10 Final provisions This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Communities. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 20 December 2002. For the Council The President M. Fischer Boel (1) Not yet published in the Official Journal. (2) Opinion of 19.12.2002 (not yet published in the Official Journal). (3) OJ L 337, 30.12.1999, p. 10. (4) OJ L 344, 28.12.2001, p. 17. (5) OJ L 184, 17.7.1999, p. 23. (6) Council Regulation (EC) No 1260/1999 of 21 June 1999 laying down general provisions on the Structural Funds (OJ L 161, 26.6.1999, p. 1). (7) Council Regulation (EC) No 2792/1999 of 17 December 1999 laying down the detailed rules and arrangements regarding Community structural assistance in the fisheries sector (OJ L 337, 30.12.1999, p. 10).
Article 10 
Final provisions This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Communities. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 20 December 2002