Commission Decision
of 29 July 2002
amending Decisions 98/119/EC to 98/131/EC in order to prolong the multiannual guidance programmes for the fishing fleets of the Member States until 31 December 2002
(notified under document number C(2002) 2831)
(2002/652/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to 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(1), as last amended by Regulation (EC) No 179/2002(2), and in particular Articles 4 and 5 thereof,
Having regard to Council Decision 97/413/EC of 26 June 1997 concerning the objectives and detailed rules for restructuring the Community fisheries sector for the period 1 January 1997 to 31 December 2001 with a view to achieving a balance on a sustainable basis between resources and their exploitation(3), as amended by Decision 2002/70/EC(4), and in particular Article 9 thereof,
Whereas:
(1) Decision 97/413/EC was adopted in accordance with Article 11 of Council Regulation (EEC) No 3760/92 of 20 December 1992 establishing a Community system for fisheries and aquaculture(5), as last amended by Regulation (EC) No 1181/98(6).
(2) By Decision 2002/70/EC of 28 January 2002, the Council decided to prolong Decision 97/413/EC by a year, to 31 December 2002. The multiannual guidance programmes (MAGP IV) adopted by Commission Decisions 98/119/EC to 98/131/EC(7) should therefore be amended accordingly, with retroactive effect from 1 January 2002 in order to avoid the absence of measures to restructure the fleets of Member States between 1 January 2002 and the date of adoption of this Decision.
(3) The Member States have carried out to different degrees the remeasuring of their fleets in terms of gross tonnes (GT) as required by Council Regulation (EC) No 2930/86 of 22 September 1986 defining characteristics for fishing vessels(8), as amended by Regulation (EC) No 3259/94(9), and by Commission Decision 95/84/EC of 20 March 1995 concerning the implementation of the Annex to Council Regulation (EEC) No 2930/86 defining the characteristics of fishing vessels(10). In accordance with Article 7 of each of Decisions 98/119/EC to 98/131/EC, this should be taken into account when expressing targets to be attained by 31 December 2002.
(4) In the context of prolonging MAGP IV, the Commission should use this opportunity to respond to requests from a number of Member States to alter their programmes.
(5) In the absence of new legislative provisions as from 1 July 2002, aids for the renewal of vessels belonging to fleet segments of Member States that fail to meet their targets can no longer be accepted. Those segments must therefore be clearly identified as of 30 June 2002 in order to ensure compliance with Community rules and sound management of public funds.
(6) The management of public aid schemes for the fishing fleets should be founded on circumstances that are clearly established by reference to the information transmitted to the Commission by the Member States, and in particular in relation to the targets in their multiannual guidance programmes and within the context of the annual Commission report on the results of the multiannual guidance programmes referred to in Article 5 of Regulation (EC) No 2792/1999.
(7) The Advisory Committee on Fisheries and Aquaculture was consulted in its meeting on 29 May 2002.
(8) The measures provided for in this Decision are in accordance with the opinion of the Management Committee on Fisheries and Aquaculture,
Decisions 98/119/EC, 98/120/EC, 98/121/EC, 98/122/EC, 98/123/EC, 98/124/EC, 98/125/EC, 98/126/EC, 98/127/EC, 98/128/EC, 98/129/EC, 98/130/EC and 98/131/EC are hereby amended as follows:
1. In Article 1 in each case, "31 December 2001" is replaced by "31 December 2002".
2. The following paragraph is added to each Article 2: "During the sixth year of the programme, the Member State shall ensure that the reductions in fishing capacity or effort required are sufficient to attain the targets for individual segments and the final targets of its programme. The final targets of the programme shall be those set for the end of the sixth year as shown in the tables of targets attached."
3. The following new Articles are added after each Article 6: "Article 6a
The Commission shall draw up, on the basis of the information shown at 30 June 2002 in the Community register of fishing vessels, a document setting out for each fleet segment of each Member State the differences between capacity expressed in GT tonnage and kW on that date and the intermediate targets, calculated for the occasion for the individual segments as the arithmetic mean of the targets for the fifth and sixth years of the programme.
b
Eligibility for Community aid for the fleet in segments managed in terms of capacity shall be assessed on the basis of the capacity situation of the fleet on 1 July 2002(11), as published in the document referred to in Article 6a.
Eligibility for Community aid for the fleet in segments managed through fishing effort shall be assessed on the basis of the effort targets of the fleet set on 31 December 2001, as published in the annual report on the implementation of MAGP IV, provided for in Article 5(1) of Council Regulation (EC) No 2792/1999."
4. The Annex in each case is amended as follows:
(a) in the title, "1997 to 2001" is replaced by "1997 to 2002";
(b) Part II "Additional Provisions" is amended as follows:
- in the fourth paragraph of point 1, "Regulation (EC) No 109/94" is replaced by "Regulation (EC) No 2090/98",
- in the second paragraph of point 3.1, "31 December 2001" is replaced by "31 December 2002",
- in point 3.4, "Article 4 of Regulation (EC) No 109/94" is replaced by "Article 2 of Regulation (EC) No 2091/98".
This Decision is addressed to the Kingdom of Belgium, the Kingdom of Denmark, the Federal Republic of Germany, the Hellenic Republic, the Kingdom of Spain, the French Republic, Ireland, the Italian Republic, the Kingdom of the Netherlands, the Portuguese Republic, the Republic of Finland, the Kingdom of Sweden, and the United Kingdom of Great Britain and Northern Ireland.
It shall apply from 1 January 2002.