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
Modified by
- Council Regulation (EC) No 1451/2001of 28 June 2001amending Regulation (EC) No 2792/1999 laying down the detailed rules and arrangements regarding Community structural assistance in the fisheries sector, 32001R1451, July 21, 2001
- Council Regulation (EC) No 179/2002of 28 January 2002amending Regulation (EC) No 2792/1999 laying down the detailed rules and arrangements regarding Community structural assistance in the fisheries sector, 32002R0179, February 1, 2002
- Council Regulation (EC) No 2369/2002of 20 December 2002amending Regulation (EC) No 2792/1999 laying down the detailed rules and arrangements regarding Community structural assistance in the fisheries sectorCorrigendum to Council Regulation (EC) No 2369/2002 of 20 December 2002 amending Regulation (EC) No 2792/1999 laying down the detailed rules and arrangements regarding Community structural assistance in the fisheries sector(Official Journal of the European Communities L 358 of 31 December 2002), 32002R236932002R2369R(01), December 31, 2002
- Council Regulation (EC) No 1421/2004of 19 July 2004amending Regulation (EC) No 2792/1999 laying down the detailed rules and arrangements regarding Community structural assistance in the fisheries sector, 32004R1421, August 6, 2004
- Council Regulation (EC) No 485/2005of 16 March 2005amending Regulation (EC) No 2792/1999 as regards a specific action for transfers of vessels to countries hit by the tsunami in 2004, 32005R0485, March 30, 2005
- Council Regulation (EC) No 1198/2006of 27 July 2006on the European Fisheries Fund, 32006R1198, August 15, 2006
Corrected by
- Corrigendum 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, 31999R2792R(02), January 5, 2001
- Corrigendum to Council Regulation (EC) No 2369/2002 of 20 December 2002 amending Regulation (EC) No 2792/1999 laying down the detailed rules and arrangements regarding Community structural assistance in the fisheries sector, 32002R2369R(01), July 10, 2004
(a) the scrapping of the vessel; (b) until 31 December 2004 , permanent transfer of the vessel to a third country, including in the framework of a joint enterprise within the meaning of Article 8, after agreement by the competent authorities of the country concerned, provided all the following criteria are met:(i) there exists a fisheries agreement between the European Community and the third country of transfer as well as appropriate guarantees that international law is not likely to be infringed, in particular with respect to the conservation and management of marine resources or other objectives of the Common Fisheries Policy and with respect to working conditions of fishermen. Derogations may be granted by the Commission on a case by case basis for permanent transfers in the framework of joint enterprises to third countries, where Community interests do not justify the conclusion of a fisheries agreement and the other conditions for transfer would be fulfilled; (ii) the third country to which the vessel is to be transferred is not a country which is a candidate for accession; (iii) the transfer results in a reduction of fishing effort on the resources previously exploited by the vessel transferred; however, this criterion shall not apply when the vessel transferred has lost fishing possibilities under a fisheries agreement with the Community or under another agreement; (iv) if the third country to which the vessel is to be transferred is not a contracting or Cooperating Party to relevant regional fisheries organisations, that country has not been identified by such organisations as one which permits fishing in a manner which jeopardises the effectiveness of international conservation measures. The Commission shall publish a list of the countries concerned on a regular basis in the C series of the Official Journal of the European Communities ;
(c) permanent reassignment of fishing vessels for non-profitable purposes other than fishing; (d) until 30 June 2006 , permanent transfer of the vessel to a third country hit by the tsunami in the Indian Ocean in December 2004, provided that the following criteria are met:(i) the vessel has an overall length of less than 12 metres and is not more than 20 years old; (ii) the Member State which authorises the transfer ensures that the vessel is fully seaworthy and suitable for fishing activity, that it is transferred to a region affected by the tsunami for the benefit of the fishing communities having suffered the consequences thereof and that adverse effects on the fisheries resources and the local economy are avoided. (iii) the transfer meets the needs identified by the assessment of the Food and Agriculture Organisation of the United Nations and is in accordance with the third country’s requests.
(a) scrapping premiums: (i) vessels of 10 to 15 years old: see Tables 1 and 2 in Annex IV; (ii) vessels from 16 to 29 years old: the scales in Tables l and 2 decreased by 1,5 % per year over 15; (iii) vessels of 30 years old or more: the scales in Tables 1 and 2, less 22,5 %;
(b) premiums for permanent transfer within the framework of a joint enterprise: the amounts referred to in Article 8(3); however, no public aid for this purpose can be given for vessels with a tonnage less than 20 GRT or 22 GT, or of 30 years old or more; (c) premiums for other permanent transfer to a third country: the maximum amounts for the scrapping premiums referred to in (a), less 70 %. However, no public aid for this purpose may be given for vessels with a tonnage less than 20 GRT or 22 GT, or of 30 years old or more; (d) premiums for permanent reassignment of the fishing vessel for non-profitable purposes other than fishing: the amounts for the scrapping premiums referred to in (a).
(i) for vessels of five to 15 years old, the premium referred to in paragraph 5(a)(i) shall apply and for vessels of 16 to 20 years old, the premium referred to in paragraph 5(a)(ii) shall apply; (ii) the premium referred to in paragraph 5(a) may be increased by up to 20 % for the following purposes: to cover the expenses incurred by the public or private organisations designated by Member States to be responsible for the transfer of the vessel to the third country, to compensate the vessel owner benefiting from the premium for equipping the vessel and making it fully seaworthy and suitable for fishing activity in the third countries concerned.
Vessels for which an application for permanent cessation of activities has been submitted to the competent authorities of a Member State before 2 April 2005 may also benefit from the premiums under this paragraph.
(a) the creation and registration of a commercial enterprise, in accordance with the laws of the third country, or the acquisition of holdings in an enterprise that is already registered, for the purpose of engaging in a commercial activity in the fisheries sector in the waters under the sovereignty or the jurisdiction of the third country. The Community partner must hold a significant proportion, generally between 25 % and 75 %, of the share capital; (b) ownership of the permanently transferred vessel must be handed over to the joint enterprise in the third country. For five years the vessel may not be used for fishing activities other than those authorised by the competent authorities of the third country, nor may it be used by other shipowners.
(a) public aid for the renewal of fishing vessels may be granted until 31 December 2004 ;(b) public aid for the renewal of fishing vessels may be granted only for vessels under 400 GT; (c) public aid for the equipment of fishing vessels, including for the use of more selective fishing techniques and of Vessel Monitoring Systems, or for the modernisation of fishing vessels may be granted provided that: (i) the aid does not concern capacity in terms of tonnage or of power; (ii) the aid does not serve to increase the effectiveness of the fishing gear;
(d) by derogation from point (c)(i), public aid for the modernisation of fishing vessels may be granted subject to the provisions of Article 11(5) of Regulation (EC) No 2371/2002.
(a) construction of fishing vessels: twice the scales in Table 1 in Annex IV; (b) equipment and modernisation of fishing vessels including, where applicable and until 31 December 2003 , the cost of re-measuring tonnage in accordance with Annex I to the 1969 Tonnage Measurement Convention: the scales in Table 1 of Annex IV.
(a) expenditure on equipment and modernisation shall not be eligible for aid for five years following the grant of public aid for the construction of the vessel concerned except for equipment in vessel monitoring systems or in acoustic deterrent devices; (b) permanent withdrawal premiums within the meaning of Article 7(5) and premiums for the creation of joint enterprises within the meaning of Article 8 may not be added to other Community aid granted under this Regulation or Regulations (EEC) No 2908/83 Council Regulation (EEC) No 2908/83 of 4 October 1983 on a common measure for restructuring, modernising and developing the fishing industry and for developing aquaculture (OJ L 290, 22.10.1983, p. 1 ). Regulation as last amended by Regulation (EEC) No 3733/85 (OJ L 361, 31.12.1985, p. 78 ).Council Regulation (EEC) No 4028/86 of 18 December 1986 on Community measures to improve and adapt structures in the fisheries and aquaculture sector (OJ L 376, 31.12.1986, p. 7 ). Regulation as last amended by Regulation (EEC) No 3946/92 (OJ L 401, 31.12.1992, p. 1 ).(i) by a part of the amount previously received in the case of equipment and modernisation aid; this part shall be calculated pro rata temporis for the five-year period preceding the permanent withdrawal or the setting up of the joint enterprise; (ii) by the total amount previously received in the case of aid for the temporary cessation of activities within the meaning of Article 16(1) of this Regulation and under Article 14 of Regulation (EC) No 2468/98 paid during the year preceding permanent withdrawal or the setting up of the joint enterprise;
(c) aid for the equipment in vessel monitoring systems may not be added to aid granted under Council Decision 2001/431/EC.
safety equipment on board and improvement of sanitary and working conditions, technological innovations (more selective fishing techniques) that do not increase the fishing effort, organisation of the production, processing and marketing chain (promotion and added value of the products), professional requalification or training.
(a) part-financing of national early-retirement schemes for fishermen, provided that the following conditions are fulfilled: (i) at the time of early retirement, the age of the beneficiaries of the measure must be not more than 10 years from the legal retirement age within the meaning of the legislation in force in the Member State, or the beneficiaries must be aged at least 55; (ii) the beneficiaries can show that they have worked for at least 10 years as fishermen.
However, contributions to the normal retirement scheme for fishermen during the period of early retirement shall not be eligible for financial assistance from the FIFG. In each Member State, for the entire programming period the number of beneficiaries may not exceed the number of jobs eliminated on board fishing vessels as a result of those vessels permanently stopping fishing activities within the meaning of Article 7; (b) granting individual compensatory payments to fishermen who can show that they have worked for at least twelve months as fishermen, on the basis of an eligible cost limited to EUR 10000 per individual beneficiary, provided the vessel on which the beneficiaries were employed has been the object of measures permanently stopping its activities, within the meaning of Article 7;(c) granting non-renewable individual compensatory payments to fishermen who can show that they have worked for at least five years as fishermen, to help them: (i) to retrain outside marine fisheries under an individual or collective social plan, on the basis of an eligible cost limited to EUR 50000 per individual beneficiary; the managing authority shall determine the individual amount according to the scale of the retraining project and the financial commitment entered into by the beneficiary;(ii) to diversify their activities outside marine fisheries under an individual or collective diversification project, on the basis of an eligible cost limited to EUR 20000 per individual beneficiary; the managing authority shall determine the individual amount according to the scale of the diversification project and the investment made by the beneficiary;
(d) granting individual premiums to fishermen younger than 35 yearswho can demonstrate that they have worked at least five years as fishermen or can demonstrate equivalent vocational training and who acquire for the first time part or total ownership in a fishing vessel, provided that the following conditions are fulfilled: (i) the fishing vessel must have an overall length between 7 and 24 metres; at the time of acquisition of ownership it must be aged between 10 and 20 years, it must be operational and it must be registered in the fishing vessel register of the Community; (ii) the transfer of ownership does not occur within the same family up to the second degree.
The management authority shall determine the amount of each individual premium in particular on the basis of the size and age of the vessel and of the financial conditions of the acquisition (cost of acquisition of ownership; level and conditions of bank loan; guarantee, if any, given by a third party; and/or other financial engineering facilities). The management authority shall also establish the other conditions and criteria under which acquisition takes place. In any event, the amount of the premium may not exceed 10 % of the cost of acquisition of ownership nor exceed the amount of EUR 50000 ;(e) in the event that a recovery plan is adopted by the Council or where special or emergency measures are adopted by the Commission or by one or more Member States, the maximum amounts of aid referred to in points (b) and (c) may be increased by 20 %. Furthermore, the requirement that the vessel on which the crew members were employed must have permanently stopped its activities, as laid down in point (b), shall not apply.
(a) that the beneficiaries of the measure referred to in paragraph 3(a) permanently give up work as fishermen; (b) that no one fisherman can benefit from more than one of the measures referred to in paragraph 3; (c) that the compensation referred to in paragraph 3(b) or 3(e) is refunded on a pro rata temporis basis where the beneficiaries return to their work as fishermen within a period of less than one year after being paid the compensation;(d) (i) that the compensation referred to in paragraph 3(c)(i) for reconversion is refunded on a pro rata temporis basis where the beneficiaries return to their work as fishermen within a period of less than five years after being paid the compensation, and (ii) that the compensation for diversification referred to in paragraph 3(c)(ii) contributes to a reduction of the fishing effort developed by the fishing vessels on which the beneficiaries are active;
(e) that the beneficiaries of the measure referred to in paragraph 3 (c) actually engage in a new activity; (f) that the premium referred to in paragraph 3(d) is refunded on a pro rata temporis basis where the ownership acquired by the beneficiary is transferred, or where the vessel is subject to a permanent withdrawal pursuant to Article 7, within a period of less than five years after being paid the premium.
(a) works aimed at the protection and development of aquatic resources, including freshwater resources, except restocking; (b) aquaculture; (c) fishing port facilities; (d) processing and marketing of fishery and aquaculture products; (e) inland fishing.
(a) contribute to lasting economic benefits from the structural improvement in question; (b) offer an adequate guarantee of technical and economic viability; (c) avoid counterproductive effects, particularly the risk of creating surplus production capacity.
(a) operations associated with quality certification, product labelling, rationalisation of product names and product standardisation; (b) promotion campaigns, including those highlighting quality; (c) projects to test consumer and market reactions; (d) organisation of and participation in trade fairs and exhibitions; (e) organisation of study and sales visits; (f) market studies and surveys, including studies relating to the prospects for marketing Community products in third countries; (g) campaigns improving marketing conditions; (h) sales advice and aids, services provided to wholesalers, retailers, and producer organisations.
(a) to encourage the sale of surplus or underexploited species; (b) implemented by organisations officially recognised within the meaning of Regulation (EEC) No 3759/92; (c) jointly implemented by several producer organisations or other organisations of the sector recognised by national authorities; (d) pursuing a quality policy for fishery and aquaculture products; (e) to promote products obtained using environmentally friendly methods.
(a) aid can be granted to producer organisations created after 1 January 2000 for three years following the date of recognition. This aid for the first, second and third years must be within both the following limits:(i) 3 %, 2 % and 1 % respectively of the value of the products marketed by the producer organisation; (ii) 60 %, 40 % and 20 % respectively of the administrative costs of the producer organisation;
(b) without prejudice to the aid referred to at (a), aid may be granted to producer organisations that have been specifically recognised under Article 7a(1) of Regulation (EEC) No 3759/92 during the three years following the date of the specific recognition to facilitate the implementation of their plans to improve quality. The amount of this aid, for the first, second and third years shall not exceed 60 %, 50 % and 40 % respectively of the costs incurred by the organisation in implementing the plan; (c) the aid referred to at (a) and (b) shall be paid to the final beneficiaries during the year following that for which it was granted, and not later than 31 December 2008 .
(a) management and control of conditions for access to certain fishing zones and quota management; (b) management of fishing effort; (c) promotion of gear or methods recognised by the management authority as being more selective; (d) promotion of technical measures for the conservation of resources; (e) promotion of measures improving the working conditions and the sanitary conditions concerning the products, on board and landed; (f) collective aquaculture facilities, restructuring or improvement of aquaculture sites, collective treatment of aquaculture effluent; (g) eradication of the pathological risks of fish farming or parasites in catchment areas or coastal ecosystems; (h) collection of basic data and/or preparation of environmental management models for fisheries and aquaculture with a view to drawing up integrated management plans for coastal areas; (i) organisation of electronic trade and other information technologies to disseminate technical and commercial information; (j) creation of business incubators in the sector and/or centres for the collection of fishery and aquaculture products; (k) access to training, particularly in quality, and organisation of transmission of know-how on board vessels and on land; (l) design and application of systems to improve and control quality, traceability, health conditions, statistical instruments and environmental impact; (m) creation of added value in products ( inter alia , through experimentation, innovation, the addition of value to by-products and co-products);(n) improvement of knowledge and transparency in production and in the market, including statistics and economic analysis.
(a) in the event of unforeseeable circumstances, particularly those caused by biological factors; the granting of compensation may last for no more than three consecutive months or six months over the entire period from 2000 to 2006. The managing authority shall furnish the Commission with scientific proof of these circumstances in advance; (b) where a fisheries agreement is not renewed, or where it is suspended, for the Community fleets dependent on the agreement; the granting of compensation may not last longer than six months; it may be extended by a further six months provided a conversion plan approved by the Commission is implemented for the fleet concerned; (c) where a recovery or management plan is adopted by the Council or where emergency measures are decided by the Commission or by one or more Member States, the granting of compensation by a Member State may last for one year and may be extended by one further year.
(a) for the purpose of the implementation of Articles 8, 15, 18 and 21 by the Committee on structures for fisheries and aquaculture established by Article 51 of Regulation (EC) No 1260/1999; and (b) for the purpose of the implementation of Articles 9 and 10 by the Committee for fisheries and aquaculture established by Article 30(1) of Regulation (EC) No 2371/2002.
Regulation (EC) No 2468/98, Article 7(1), (2), (3) and Article 7b of Regulation (EEC) No 3759/92; Regulation (EEC) No 3140/82 Council Regulation (EEC) No 3140/82 of 22 November 1982 on granting and financing aid granted by Member States to producers' organisations in the fishery products sector (OJ L 331, 26.11.1982, p. 7 ).
(a) Strengths and weaknesses; (b) summary of operations undertaken and impact of funds used in previous years; (c) requirements of the sector.
(a) Results of consultations and measures to involve the competent authorities and bodies and socioeconomic partners at the appropriate levels; (b) objectives: (i) general objectives under the common fisheries policy; (ii) priorities; (iii) objectives specific to each area of assistance, quantified if possible;
(c) demonstration that public aid is necessary to attain the objectives sought; steps taken to prevent counterproductive effects, particularly as regards the creation of surplus capacity; (d) with regard to the fleet: (i) indicators concerning the development of the fleet in relation to the objectives of the recovery or management plans; (ii) fishing techniques and gear to be encouraged in the event of redeployment of fishing activities;
(e) anticipated impact (on employment, production, etc.).
(a) The measures (legal, financial or other) planned in each field to implement the plans, particularly aid schemes; (b) indicative financing schedule covering the entire programming period and listing the regional, national, Community or other resources provided for each area of assistance; (c) the requirements in terms of studies, pilot projects, demonstration projects, training, technical assistance and publicity measures connected with the preparation, implementation, monitoring, evaluation or adjustment of the measures concerned.
(a) Management authority designated by the Member State; (b) steps taken to ensure efficient and effective implementation, including monitoring and evaluation; definition of the quantified indicators; (c) provisions relating to checks, penalties and publicity measures; (d) with regard to the fleet: (i) the methods for monitoring trends in fishery resoures, particularly vulnerable resources; (ii) for static gear, the arrangements for monitoring fishing effort, including trends in the number and size of gear.
(a) Member States shall by 1 May 2001 identify and comment on the progress achieved and means used in attaining the objectives set for the 1997-2001 programme;(b) analyse the general administrative and socioeconomic context in which it was implemented and in particular, where appropriate, in which measures to reduce fishing activity were implemented; (c) specify and comment on the Community, national and regional financial resources committed in attaining the results achieved, for each fleet segment.
(a) fleet renewal: criteria for joining and leaving the fleet, for each segment and associated funding. Legal or administrative provisions enabling the Member State to monitor vessels joining and leaving its fleet. Measures taken by the Member State per fleet segment to ensure that public aid granted for fleet renewal and adjustment of fishing effort does not have contradictory effects where the pursuit of the objectives of the programmes is concerned; (b) adjustment of fishing effort: desirable evolution of fishing effort per segment until the end of the subsequent MAGP, expressed in relation to the objectives set for each segment for 31 December 2001 . Associated laws, regulations or administrative provisions. Systems for managing fishing activity. Extent of administrative and financial resources to be used to attain the new objectives thus set.
(a) Permanent withdrawal may concern only vessels which have carried out a fishing activity for at least 75 days at sea in each of the two periods of 12 months preceding the date of the application for permanent withdrawal or, as the case may be, a fishing activity for at least 80 % of the number of days at sea permitted by current national regulations for the vessel concerned. In the Baltic Sea the number of 75 days shall be reduced to: 60 for vessels registered in ports situated north of parallel 59°30′N, 40 for vessels registered in ports situated north of parallel 59°30′N and fishing for salmon;
(b) the following conditions must be met: (i) prior to its permanent withdrawal, the vessel must be registered in the fishing vessel register of the Community; (ii) the vessel must be operational at the time the decision is taken to grant the premium; (iii) after permanent withdrawal, the fishing licence must be cancelled and the vessel declared permanently deleted from the fishing vessel register of the Community; (iv) in the event of permanent transfer to a third country, the vessel must be registered in the register of the third country without delay and may never return to Community waters;
(c) if a vessel is lost between the date of the decision to grant the premium and the actual date of permanent withdrawal, the management authority shall make a financial correction for the amount of the compensation paid by the insurance; (d) no public aid within the meaning of Article 7 may be paid for a vessel transferred to a third country to replace a lost vessel belonging to a joint enterprise within the meaning of Article 8.
(a) In addition to the conditions for the permanent transfer of a vessel to a third country within the meaning of Article 7(3)(b) and point 1.1 of this Annex, vessels, transferred within the framework of joint enterprises, must meet the following conditions: (i) they must have been operating for at least the last five years, under the flag of a Member State of the Community: in Community waters, and/or in the waters of a third country either under a fisheries agreement with the Community or under another agreement, and/or in international waters where fisheries are ruled by an international Convention;
(ii) they must, within six months of the date of the decision to grant the premium, be fitted out with the technical equipment needed to operate in the waters of the third country under the terms of the fishing authorisation issued by the authorities of the third country; they must comply with the Community safety regulations and be adequately insured as decided by the management authority; costs associated with such a fitting, if any, are not eligible for a Community aid;
(b) when the application for the premium for joint enterprises is lodged, beneficiaries must provide the management authority with the following information: (i) a description of the vessel, including, in particular, the internal number, registration number, tonnage, power and year of entry into service; (ii) during the last five years: service and activity of the vessel (and conditions under which the activity was carried on); indication of fishing zones (Community waters/other); any previous Community, national or regional aid received; (iii) proof of the project's financial viability, including, in particular: a financing plan showing the contributions of the different shareholders in cash and in kind; level of contribution of Community/third country partners; proportion of the premium provided for in Article 7(5)(b), which is to be invested in cash in the capital of the joint enterprise, an activity plan covering at least five years, showing, in particular, fishing zones, places of landing and final destination of catches;
(iv) a copy of the insurance contract;
(c) the following conditions must be met by the beneficiary during a period of five years from the transfer of ownership of the vessel to the joint enterprise: (i) any change in the conditions under which the vessel is operated (particularly change of partner, change in the share capital of the joint enterprise, change of flag, change of fishing zone), within the limits of the conditions referred to in Article 8(2), shall be subject to prior authorisation by the management authority; (ii) a vessel lost through shipwreck must be replaced by an equivalent vessel within one year of the shipwreck;
(d) if the conditions at (a) and (b) are not fulfilled when the application for the premium for joint enterprises is lodged, the public aid shall be restricted to the premium for permanent transfer referred to in Article 7(5)(c); (e) without prejudice to Articles 29(4) and 38 of Regulation (EC) No 1260/1999, the management authority shall carry out a financial correction on the difference between the premium for joint enterprise and the premium for permanent transfer of the same vessel (hereinafter called "difference"), in the following cases: (i) if the beneficiary notifies to the management authority a change in operating conditions that lead to non-compliance with the conditions referred to in Article 8(2) of this Regulation, including the sale of the vessel, the transfer of holding by the Community partner or the retirement of the Community shipowner in the joint enterprise the financial correction shall be equal to part of the amount of the difference; this part shall be calculated pro rata temporis over the period of five years;(ii) if during a control it is found that the conditions provided for in Article 8(2) of this Regulation and point (c) of this paragraph are not complied with, the financial correction shall be equal to the difference; (iii) if the beneficiary fails to provide the activity reports provided for in Article 8(5) of this Regulation after having been served notice by the management authority, the financial correction shall be equal to part of the amount of the difference; this part shall be calculated pro rata temporis over the period of five years;(iv) if the vessel is lost and not replaced, the financial correction shall be equal to part of the amount of the difference; this part shall be calculated pro rata temporis over the period of five years.
(a) Vessels must be built to comply with the Regulations and Directives governing hygiene, safety, health, product quality and working conditions and the Community provisions concerning the measurement of vessels and the monitoring of fishing activities. (b) Vessels shall be entered in the Community fishing fleet register. (c) Without prejudice to Article 12(3)(d), the transfer of ownership of a fishing vessel shall not give rise to Community aid.
(a) Vessels must have been registered in the fishing vessels register of the Community for at least five years, except for equipment in vessel monitoring systems or in acoustic deterrent devices. Changes in vessel characteristics must be communicated to this register and the vessels must be measured in accordance with Community provisions, when they are modernised. (b) Investments should relate to: (i) the rationalisation of fishing operations by the use of more selective or low impact fishing technologies and methods on board in order to avoid undesirable by-catches, other than those provided for in Community law, and/or (ii) improvement of the quality and safety of products caught and preserved on board, the use of more selective fishing techniques and of better preserving techniques and the implementation of legal and regulatory provisions regarding health, and/or (iii) improvement of working and safety conditions, and/or (iv) the purchase of acoustic deterrent devices for the purpose of Council Regulation (EC) No 812/2004 of 26 April 2004 laying down measures concerning incidental catches of cetaceans in fisheriesOJ L 150, 30.4.2004, p. 12 .
Without prejudice to Article 16(2), the replacement of fishing gear shall not be considered eligible expenditure, except if the vessel is subject to a recovery plan and is required to end its participation in the fishery concerned and fish for other species with different fishing gear. In this case, the Commission may decide that the first replacement of fishing gear, where fishing possibilities are significantly reduced by a recovery plan, may be considered as eligible expenditure.
(a) Projects in undertakings may involve capital investment in production and management (construction, enlargement, equipping and modernisation of facilities); (b) capital investment to improve conditions of hygiene or human or animal health, to improve product quality or reduce pollution of the environment and, where relevant, to increase production itself, shall be eligible for assistance; (c) the transfer of ownership of an undertaking shall not give rise to the grant of Community aid.
(a) be of collective interest; (b) be implemented by public or semi-public bodies, recognised professional organisations or other bodies designated to that end by the management authority; (c) not have a negative impact on the aquatic environment.
(a) For the purposes of this Regulation, "aquaculture" means the rearing or culture of aquatic organisms using techniques designed to increase the production of the organisms in question beyond the natural capacity of the environment; the organisms remain the property of a natural or legal person throughout the rearing or culture stage, up to and including harvesting; (b) the promoters of intensive fish-farming projects shall forward the information provided for in Annex IV to Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environmentOJ L 175, 5.7.1985, p. 40 . Directive as last amended by Directive 2003/35/EC of the European Parliament and of the Council (OJ L 156, 25.6.2003, p. 17 ).(c) the initial costs incurred by aquaculture enterprises to join in the Community eco-management and audit schemes set up by Regulation (EC) No 761/2001 of the European Parliament and of the Council of 19 March 2001 allowing voluntary participation by organisations in a Community eco-management and audit scheme (EMAS)OJ L 114, 24.4.2001, p. 1 . Regulation as amended by the 2003 Act of Accession.(d) fishing vessels as defined in Article 3(c) of Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the common fisheries policyOJ L 358, 31.12.2002, p. 59 .(e) within the measures related to aquaculture in the FIFG Programmes, priority shall be given to: (i) the development of techniques that substantially reduce environmental impacts; (ii) the improvement of traditional aquaculture activities that are important in maintaining the social and environmental tissue of specific areas; (iii) the modernisation of existing enterprises; (iv) measures intended to benefit aquaculture falling under the scope of Articles 14 and 15 of this Regulation; (v) farmed species diversification;
(f) By way of derogation from the column for Group 3 in Table 3 in point 2 of Annex IV, and without prejudice to the rates of contribution for the outermost regions, the following rates of contribution shall apply: (i) for investments concerning the use of techniques that substantially reduce environmental impact, or concerning finfish farming projects that have a beneficial impact on the environment, the contribution of private beneficiaries (C) shall be at least 30 % of eligible expenditure in Objective 1 regions and at least 50 % in other areas. The assessment of environmental benefits shall be carried out at charge of the promoter and verified by the management authority. Where public aid is granted, assessment costs shall be eligible for assistance from the FIFG; (ii) for investments concerning the construction of new intensive finfish farms not included in the priorities listed in point (e), the contribution of private beneficiaries (C) shall be at least 50 % of eligible expenditure in Objective 1 regions and at least 70 % in other areas.
(a) to improve the conditions under which fishery products are landed, treated and stored in ports; (b) to support fishing vessel activities (provision of fuel, ice and water, maintenance and repair of vessels); (c) to improve jetties with a view to improving safety during the landing or loading of products.
(a) For the purposes of this Regulation, "processing and marketing of fishery and aquaculture products" means all operations, including handling, treatment, production and distribution, between the time of landing or harvesting and the end-product stage; (b) investments shall not be eligible for assistance where they concern: (i) fishery and aquaculture products intended to be used and processed for purposes other than human consumption, with the exception of investments exclusively for the treatment, processing and marketing of fishery and aquaculture product wastes; (ii) the retail trade.
(c) Notwithstanding group 3 in Table 3 in paragraph 2 of Annex IV, where investments concern the use of collective facilities or techniques that substantially reduce environmental impact, the contribution of private beneficiaries (C) may be restricted to 30 % of eligible expenditure in Objective 1 regions and 50 % in other areas, instead of 40 % and 60 % respectively.
(a) For the purpose of this Regulation, "inland fishing" means fisheries carried out for commercial purpose by vessels operating exclusively in inland waters of the territory of Member States and which are not subject to the provisions of Title II; (b) when the investment concerns the construction of a vessel for inland fishing, the provisions of point 1.3(a) of Annex III shall apply; (c) when the investment concerns the modernisation of a vessel for inland fishing, the provisions of point 1.4(b) of Annex III shall apply; (d) investments shall not be eligible for assistance if they are likely to jeopardise the equilibrium between the fleet size and the corresponding fish resources available; (e) scrapping premiums for vessels for inland fishing shall not be eligible for assistance; (f) the management authority shall take all necessary measures to ensure that vessels receiving financial assistance from the FIFG under Article 13 shall continue to operate exclusively in inland waters.
(a) Eligible expenditure shall cover in particular: (i) the costs of advertising agencies and other service providers involved in the preparation and implementation of promotion campaigns; (ii) the purchase or hire of advertising space and the creation of slogans and labels for the duration of promotion campaigns; (iii) expenditure on publishing, external staff, premises and vehicles required for the campaigns;
(b) the beneficiary's operating costs (staff, equipment, vehicles, etc.) shall not be eligible.
| Category of vessel by tonnage (GT) | EUR |
|---|---|
| 0 < 10 | |
| 10 < 25 | |
| 25 < 100 | |
| 100 < 300 | |
| 300 < 500 | |
| 500 and above |
| Category of vessel by gross registered tonnes (GRT) | EUR |
|---|---|
| 0 < 25 | |
| 25 < 50 | |
| 50 < 100 | |
| 100 < 250 |
(a) For all the operations referred to in titles II, III and IV, the limits on Community financial participation (A), total State financial participation (national, regional and other) by the Member State concerned (B) and, where applicable, financial participation by private beneficiaries (C) shall be as follows, expressed as a percentage of eligible costs. Group 1: Permanent withdrawal premiums (Article 7), premium for the creation of joint enterprises (Article 8), small-scale coastal fishing (Article 11), socio-economic measures (Article 12), protection and development of aquatic resources (Article 13(1)(a)), fishing port facilities with no financial participation by private beneficiaries (Article 13(1)(c)), measures to find and promote new market outlets with no financial participation by private beneficiaries (Article 14), operations by members of the trade with no financial participation by private beneficiaries (Article 15), temporary cessation premiums and other financial compensation (Article 16), innovative measures and technical assistance including pilot projects carried out by public bodies (Article 17). Group 2: Fleet renewal, equipment and modernisation of fishing vessels (Article 9). Group 3: Aquaculture (Article 13(1)(b)), fishing port facilities with financial participation by private beneficiaries (Article 13(1)(c)), processing and marketing (Article 13(1)(d)), inland fishing (Article 13(1)(e)), measures to find and promote new market outlets with financial participation by private beneficiaries (Article 14), operations by members of the trade with financial participation by private beneficiaries (Article 15(2)). Group 4: Pilot projects other than those carried out by public bodies (Article 17).
(b) With respect to operations concerning the protection and development of aquatic resources (Article 13(1)(a)), fishing port facilities (Article 13(1)(c)), measures to find and promote new market outlets (Article 14) and operations by members of the trade (Article 15), the managing authority shall determine whether they fall under group l or group 3, in particular on the basis of the following considerations: collective versus individual interests, collective versus individual beneficiary (producers' organisations, organisations representing the trade), public access to the results of the operation versus private ownership and control, financial participation by collective bodies, research institutions.
| Group 1 | Group 2 | Group 3 | Group 4 | |
|---|---|---|---|---|
| Objective 1 regions | ||||
| Objective 1 regions located in a Member State covered by the Cohesion Fund | ||||
| Outermost regions | ||||
| Outlying Greek islands which are under a handicap due to their distant location | ||||
| Other areas |