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C 314/18 EN Official Journal of the European Communities 13.10.

98

— both sides of industry at national level means employers’ and workers’ organisations in conformity with
national laws and/or practices; at Community level means employers’ and workers’ organisations
taking part in the social dialogue at Community level,
— European knowledge centre is the term used to denote a grouping together at regional or local level of
actors participating in the present programme and the Community programmes in the fields of
vocational training and youth, for the purpose of supporting regional or local lifelong learning policies
in particular by means of disseminating information and results and promoting active interaction across
the three programmes,
— Community terms of reference means all the analyses, studies, surveys and identification of good
practice which make it possible to locate, at Community level, the relative position of the various
Member States and the progress made on a given subject or in a given area,
— university means any type of higher education institution which offers qualifications or diplomas at that
level, whatever such establishments may be called in the Member States.

Proposal for a Council Decision on a specific measure to encourage diversification out of


certain fishing activities and amending Council Decision 97/292/EC

(98/C 314/05)
(Text with EEA relevance)

COM(1998) 515 final — 98/0274(CNS)

(Submitted by the Commission on 4 September 1998)

THE COUNCIL OF THE EUROPEAN UNION, for a number of fishing fleets, so justifying at
Community level an appropriate range of actions
Having regard to the Treaty establishing the European and special supporting measures for fishermen
Community, and in particular Article 43 thereof, 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
Having regard to the proposal from the Commission, be met from the budget for the affected Member
States’ existing structural programmes;

Having regard to the opinion of the European


Parliament,
(4)ÙWhereas it is consequently appropriate to derogate
temporarily from the criteria for eligibility under
(1)ÙWhereas, under Council Regulation (EEC) No the Financial Instrument for Fisheries Guidance
2080/93 of 20 July 1993 laying down provisions for (FIFG) and, if necessary, adjust the upper limit on
implementing Regulation (EEC) No 2052/88 as the relevant eligible expenditure;
regards the Financial Instrument of Fisheries
GuidanceØ(Î), specific measures may be financed by
that Instrument; (5)ÙWhereas a specific number of fishing vessels flying
the Spanish, French, Irish, Italian and United
(2)ÙWhereas Article 11a of Council Regulation (EC) Kingdom flags are affected by the ban on fishing
No 894/97 of 29 April 1997 laying down certain with drift nets imposed by Regulation (EC) No
technical measures for the conservation of fishery 1239/98; whereas on 28 April 1997 the Council
resourcesØ(Ï), as amended by Regulation (EC) No adopted Decision 97/292/EC on a specific measure
1239/98Ø(Ð), prohibits the use of drift nets intended to encourage Italian fishermen to diversify out of
for the capture of certain species from 1 January certain fishing activitiesØ(Ñ); whereas there is
2002; 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
(3)ÙWhereas this Decision will have unfavourable amended to list the cases where aid may be
economic and social repercussions in the short term cumulated;

(Î)ÙOJ L 193, 31.7.1993, p. 1.


(Ï)ÙOJ L 132, 23.5.1997, p. 1.
(Ð)ÙOJ L 171, 17.6.1998, p. 1. (Ñ)ÙOJ L 121, 13.5.1997, p. 20.
13.10.98 EN Official Journal of the European Communities C 314/19

(6)ÙWhereas most of the possible measures fall within HAS ADOPTED THIS DECISION:
the scope of the Financial Instrument for Fisheries
Guidance (FIFG) as laid down by Council Regu-
lation (EC) No 3699/93 of 21 December 1993 Article 1
laying down the criteria and arrangements
regarding Community structural assistance in the 1.ÚÙIn connection with the ban on fishing with drift
fisheries and aquaculture sector and the processing nets laid down by Regulation (EC) No 894/97 as
and marketing of its productsØ(Î); whereas they will amended by Regulation (EC) No 1239/98, the Member
be financed from the FIFG following normal States concerned shall draw up a conversion plan and
procedures; communicate it to the Commission. The conversion plans
shall be examined by the monitoring committees for the
programmes referred to in Article 5(2) of this Decision.

(7)ÙWhereas the Member States concerned must draw


up conversion plans for this purpose; 2.ÚÙTo implement the plans referred to in paragraph 1,
a specific measure shall be established to grant aid to
fishermen and owners of vessels under the conditions
laid down in Articles 2 to 6 of this Decision.
(8)ÙWhereas, 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 Article 2
fishermen and vessels concerned must have Fishermen who are nationals of a Member State and
practised these activities in 1995, 1996 or 1997; worked in 1995, 1996 or 1997 on board a fishing vessel
whereas provision should also be made for effective flying the Spanish, French, Irish or United Kingdom
variation in the amounts of aid depending in flags, using one or more drift nets intended for the
particular on the extent to which these activities are capture of the species listed in Annex VIII to Regulation
actually practised, the cost of conversion and the (EC) No 894/97, may receive:
age of the vessels;

(a)Ùan individual compensatory payment of up to a


maximum of ECU 50Ø000 if they cease all economic
(9)ÙWhereas the authorities of the Member States activity before 1 January 2002; this payment:
concerned must ensure, when implementing their
national plan, that beneficiaries may not receive aid
other than that provided for under this Decision (i) may be cumulated with benefits from early-
nor obtain other financial incentives which would retirement schemes provided for by the legis-
not be justified; whereas in particular, cumulation lation of the Member State concerned, including
of premiums for the permanent cessation of all when the early-retirement scheme in question is
fishing activities provided for by this specific part-financed by the FIFG under Article
measure with aid for construction of new vessels 14a(3)(a) of Regulation (EC) No 3699/93;
paid before 1998 under Council Regulation (EEC)
No 4028/86 of 18 December 1986 on Community
measures to improve and adapt structures in the (ii)Ùmay not be cumulated with the individual
fisheries and aquaculture sectorØ(Ï), or Regulation compensatory payment provided for in Article
(EC) No 3699/93 must be prohibited; 14a(3)(b) of Regulation (EC) No 3699/93;

(b) an individual compensatory payment of up to a


maximum of ECU 20Ø000, in the case of conversion
(10)ÙWhereas the final date for implementing this
to another fishing activity or another sector before 1
specific measure must not be later than the date on
January 2002. This payment may be cumulated with
which the ban on fishing with drift nets comes into
the individual compensatory payment under Article
force; whereas in any case the commitment by the
14a(3)(b) of Regulation (EC) No 3699/93 and, if
Member States of the necessary financial means by
appropriate, with the aid provided for in Title III of
31 December 1999, and booking of the expenditure
that Regulation.
by 31 December 2001, are compatible with the
Structural Funds Regulations,

Article 3
Owners of a fishing vessel flying the Spanish, French,
(Î)ÙOJ L 346, 31.12.1993, p. 1, Regulation as last amended by
Irish or United Kingdom flags, which have used one or
Regulation (EC) No 25/97 (OJ L 6, 10.1.1997, p. 7). more drift nets intended to catch the species listed in
(Ï)ÙOJ L 376, 31.12.1986, p. 7, Regulation as last amended by Annex VIII to Regulation (EC) No 894/97 in 1995,
Regulation (EC) No 3944/90 (OJ L 380, 31.12.1990, p. 1). 1996 or 1997, may obtain for those vessels:
C 314/20 EN Official Journal of the European Communities 13.10.98

(a)Ùa compensatory payment of an amount up to the 2.ÚÙThe Community contribution may run to a
maximum listed in Annex I to this Decision, for the maximum of 50Ø% of eligible costs incurred by the
permanent cessation of all fishing activity before Member States. It may not exceed the funding limits for
1 January 2002; this payment: the Member States concerned under the 1994 to 1999
Structural Fund programmes (Community support
frameworks, operational programmes and single
(i) may be cumulated with aid for the permanent
programming documents for Objective 1 and Objective
cessation of fishing activities under Article 8 of
5(a).
Regulation (EC) No 3699/93;

(ii)Ùmay not be cumulated with any aid for


construction which may have been paid under 3.ÚÙSave as otherwise provided in this Decision, the
Regulation (EEC) No 4028/86 or Regulation payments provided for in Articles 2 and 3 shall be subject
(EC) No 3699/93; to the conditions governing the programmes referred to
in paragraph 2; they must therefore be the subject of
legally binding commitments in the Member State
(b) a compensatory payment of an amount up to the concerned for which the requisite finance must be
maximum listed in Annex I to this Decision, in the specifically committed no later than 31 December 1999.
case of permanent conversion to another fishing The final date for booking expenditure on these
activity before 1 January 2002; this payment: measures shall be 31 December 2001.

(i) may be cumulated with aid for the modern-


isation of the vessel under Article 10 of Regu-
lation (EC) No 3699/93 which would be granted Article 6
in 1998 or in 1999, under the conditions for Without prejudice to other provisions applicable and in
derogation laid down in Annex II to this particular those of Council Regulation (EEC) No
Decision; 2847/93 of 12 October 1993 establishing a control
system applicable to the common fisheries policyØ(Î), the
(ii)Ùmay not be cumulated with aid for the authorities of the Member States concerned shall send
permanent transfer to a non-member country or the Commission each year, at the latest by 1 April for the
for setting up joint enterprises under Articles 8 previous year, a report on the implementation of the
and 9 of Regulation (EC) No 3699/93. conversion plan referred to in Article 1. They shall adopt
the necessary provisions to prevent cumulation of aid not
expressly authorised by this Decision and any grant of
aid not justified.
Article 4
1.ÚÙThe Member States may restrict the payments laid
down in Articles 2 and 3 to fishermen and owners of
vessels who prove that they will actually suffer loss as a Article 7
result of the ban on fishing referred to in Article 1(1).
Article 1(b) and (c) of Decision 97/292/EC is replaced
by the following:
2.ÚÙWhen establishing the actual individual amount of
the payments provided for in Articles 2 and 3, Member
States shall take particular account of: ‘(b)Ùto vessel owners who have undertaken to cease
definitively all fishing activity. The aid shall be as set
(a)Ùthe actual extent of use by the beneficiaries out in Table A in the Annex. This aid:
(fishermen and owners of vessels) during the
reference period, of the drift nets covered by the ban
referred to in Article 1(1); (i) may be cumulated with aid for the permanent
cessation of fishing activities under Article 8 of
Regulation (EC) No 3699/93. However, point
(b) the cost of conversion; 1.1(a) of Annex III to that Regulation shall not
apply;
(c) the age of the vessels.

(ii)Ùmay not be cumulated with any aid for


Article 5 construction which may have been paid under
Regulation
1.ÚÙThe public financial contribution, including that of
the Community, for measures under this Decision shall
cover all eligible costs up to the maximum amounts laid (Î)ÙOJ L 261, 20.10.1993, p. 1. Regulation as last amended by
down in Articles 2 and 3. Regulation (EC) No 2635/97 (OJ L 356, 31.12.1997, p. 14).
13.10.98 EN Official Journal of the European Communities C 314/21

(EEC) No 4028/86 or Regulation (EC) No (ii)Ùmay not be cumulated with aid for the
3699/93; permanent transfer to a third country or for
setting up joint enterprises under Articles 8 and
(c) to vessel owners who have undertaken to diversify 9 of Regulation (EC) No 3699/93.’
definitively towards another fishing activity. The aid
for diversifying shall be as set out in Table B in the
Annex. This aid: Article 8
(i) may be cumulated with aid for the modern- This Decision is addressed to the Kingdom of Spain, the
isation of the vessel under Article 10 of Regu- French Republic, Ireland, the Italian Republic and the
lation (EC) No 3699/93; United Kingdom of Great Britain and Northern Ireland.

ANNEX I

Maximum premiums for vessels (in ECU)

Compensatory payment for the permanent Compensatory payment for permanent


Tonnage class
cessation of all fishing activity conversion to another fishing activity
GTØ(Î) (Article 3(a)) (Article 3(b))

q5 26Ø000 16Ø000
5q10 60Ø000 50Ø000
10q20 104Ø000 94Ø000
20q40 120Ø000 110Ø000
40q50 156Ø000 146Ø000
50q60 190Ø000 180Ø000
60q70 225Ø000 215Ø000
70q80 260Ø000 250Ø000
r80 295Ø000 285Ø000

(Î)ÙIf the tonnage in GT is unavailable, a GRT/GT conversion formula is to be used in accordance with Council Regu-
lation (EEC) No 2930/86 of 22 September 1986 defining characteristics for fishing vessels (OJ L 274, 25.9.1986, p. 1),
as last amended by Regulation (EC) No 3259/94 (OJ L 339, 29.12.1994, p. 11), and with Commission Decisions
95/84/EC (OJ L 67, 25.3.1995, p. 33) and 97/259/EC (OJ L 104, 22.4.1997, p. 28).

ANNEX II

Notwithstanding the conditions laid down in Annex IV to Regulation (EC) No 3699/93, the aid for the
modernisation of vessels in receipt of the premium provided for in Article 3(b) is amended as follows:

(a)Ùin point 1.4 (Scales of assistance relating to fishing fleets — Modernisation aid), the maximum of 50Ø%
is replaced by 65Ø%;

(b) opposite ‘Other regions’ in the column headed ‘Group 1’ of Table 3 in point 2.1 (Participation rates —
Investments in enterprises), the 60Ø% minimum financial participation by private beneficiaries (C) is
replaced by 40Ø%.