Council Regulation (EEC) No 2908/83 of 4 October 1983 on a common measure for restructuring, modernizing and developing the fishing industry and for developing aquaculture

• Published date: 22 October 1983
• Official Gazette Publication: Official Journal of the European Communities, L 290, 22 October 1983

|

31983R2908

Council Regulation (EEC) No 2908/83 of 4 October 1983 on a common measure for restructuring, modernizing and developing the fishing industry and for developing aquaculture

Official Journal L 290 , 22/10/1983 P. 0001
Spanish special edition: Chapter 04 Volume 2 P. 0171
Portuguese special edition Chapter 04 Volume 2 P. 0171

+++++

( 1 ) OJ NO C 243 , 22 . 9 . 1980 , P . 5 .

( 2 ) OJ NO C 346 , 19 . 12 . 1980 , P . 112 .

( 3 ) OJ NO C 348 , 31 . 12 . 1980 , P . 18 .

( 4 ) OJ NO L 20 , 28 . 1 . 1976 , P . 19 .

( 5 ) OJ NO L 94 , 28 . 4 . 1970 , P . 13 .

( 6 ) OJ NO L 367 , 31 . 12 . 1980 , P . 87 .

( 7 ) SEE PAGE 15 OF THIS OFFICIAL JOURNAL .

( 8 ) OJ NO L 5 , 7 . 1 . 1983 , P . 1 .

( 9 ) OJ NO L 20 , 25 . 1 . 1978 , P . 16 .

COUNCIL REGULATION ( EEC ) NO 2908/83 OF 4 OCTOBER 1983 ON A COMMON MEASURE FOR RESTRUCTURING , MODERNIZING AND DEVELOPING THE FISHING INDUSTRY AND FOR DEVELOPING AQUACULTURE

THE COUNCIL OF THE EUROPEAN COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLES 42 AND 43 THEREOF ,

HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ( 1 ) ,

HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT ( 2 ) ,

HAVING REGARD TO THE OPINION OF THE ECONOMIC AND SOCIAL COMMITTEE ( 3 ) ,

WHEREAS ARTICLE 9 ( 2 ) OF COUNCIL REGULATION ( EEC ) NO 101/76 OF 19 JANUARY 1976 LAYING DOWN A COMMON STRUCTURAL POLICY FOR THE FISHING INDUSTRY ( 4 ) PROVIDES THAT COMMON MEASURES MAY BE DECIDED UPON FOR THE ATTAINMENT OF THE OBJECTIVES MENTIONED IN PARAGRAPH 1 OF THE SAME ARTICLE IN SO FAR AS THEY RELATE TO THE OBJECTIVES SET OUT IN ARTICLE 39 ( 1 ) ( A ) OF THE TREATY ; WHEREAS THESE COMMON MEASURES MAY BE FINANCED BY THE GUIDANCE SECTION OF THE EUROPEAN AGRICULTURAL GUIDANCE AND GUARANTEE FUND BY VIRTUE OF ARTICLE 1 ( 3 ) OF COUNCIL REGULATION ( EEC ) NO 729/70 OF 21 APRIL 1970 ON THE FINANCING OF THE COMMON AGRICULTURAL POLICY ( 5 ) , AS LAST AMENDED BY REGULATION ( EEC ) NO 3509/80 ( 6 ) ;

WHEREAS CHANGES IN THE INTERNATIONAL FRAMEWORK WITHIN WHICH FISHING ACTIVITIES ARE CARRIED OUT , TOGETHER WITH DEMANDS INHERENT IN THE CONSERVATION AND MANAGEMENT OF FISH STOCKS IN THE MARITIME WATERS OF THE COMMUNITY , HAVE REDUCED THE SCOPE FOR FISHING AVAILABLE TO COMMUNITY FLEETS AND MADE FISHERMEN'S EARNINGS INSECURE ;

WHEREAS , IN ORDER TO SET LIMITS TO THE ECONOMIC INSECURITY IN WHICH COMMUNITY FISHERMEN WORK , THE FLEETS CONCERNED MUST BE RESTRUCTURED , UNDER A COMMON MEASURE , BY RENEWAL AND , WHERE NECESSARY , ECONOMICALLY APPROPRIATE EXPANSION IN LINE WITH ACTUAL CATCH POTENTIAL WHICH WILL ENSURE OPTIMUM PRODUCTIVITY IN THE LONG TERM OF THESE PRODUCTION FACILITIES ;

WHEREAS THE DEVELOPMENT OF AQUACULTURE CAN CONTRIBUTE TOWARDS AN IMPROVEMENT IN SUPPLIES OF FISHERY PRODUCTS IN THE MEMBER STATES ; WHEREAS THIS COMMON MEASURE MUST THEREFORE PROVIDE FOR THE ENCOURAGEMENT OF THIS ACTIVITY ;

WHEREAS COASTAL AREAS IN THE MEDITERRANEAN SEA SHOULD BE PROTECTED BY THE INSTALLATION OF ARTIFICIAL STRUCTURES TO FACILITATE RE-STOCKING AND TO PERMIT , AFTER A TRANSITIONAL PERIOD , THE OPTIMUM EXPLOITATION OF THESE AREAS ;

WHEREAS , SO AS TO ENSURE THAT THE FISHING INDUSTRY OR AQUACULTURE ARE RESTRUCTURED OR DEVELOPED ON A TECHNICALLY AND ECONOMICALLY SOUND BASIS , PARTICIPATION BY THE EUROPEAN AGRICULTURAL GUIDANCE AND GUARANTEE FUND IN INVESTMENT PROJECTS SHOULD BE SUBJECT TO THE INCLUSION OF THOSE PROJECTS IN MULTIANNUAL GUIDANCE PROGRAMMES CONTAINING A DETAILED ANALYSIS WHEREBY THE COMMISSION CAN ASSESS BOTH THE INITIAL STRUCTURAL SITUATION AND EACH MEMBER STATE'S FORECASTS WITH REGARD TO THE NEW PRODUCTION STRUCTURES ; WHEREAS , FOR THE CREATION OF AREAS PROTECTED BY ARTIFICIAL STRUCTURES , IT SEEMS SUFFICIENT FOR EACH MEMBER STATE TO SEND THE COMMISSION A DESCRIPTIVE SUMMARY OF THE INVESTMENTS TO BE MADE IN THE SECTOR ;

WHEREAS , TO ENABLE STRUCTURAL PROGRESS TO BE MONITORED ACCURATELY , THE ANNUAL REVIEW OF THE PROGRAMME MUST INCLUDE CONSIDERATION OF THE INVESTMENTS MADE ; WHEREAS THE RELEVANT INFORMATION MUST THEREFORE BE COLLECTED BY THE MEMBER STATES AND SET OUT IN A SUMMARY DOCUMENT TO BE FORWARDED TO THE COMMISSION TOGETHER WITH ANY NECESSARY PROGRAMME AMENDMENTS , IF APPROPRIATE , TO BE SUBMITTED FOR COMMISSION APPROVAL ;

WHEREAS , DURING THE FIRST YEAR OF THE COMMON MEASURE , IT SHOULD BE POSSIBLE , IN ORDER TO ALLOW TIME FOR PROGRAMMES OR DESCRIPTIVE SUMMARIES TO BE DRAWN UP , TO FINANCE PROJECTS WHICH DO NOT FALL WITHIN THEM ;

WHEREAS CRITERIA SHOULD BE LAID DOWN FOR IDENTIFYING THE PROJECTS TO BE GIVEN PRIORITY CONSIDERATION ;

WHEREAS , IN ORDER TO ENSURE A BALANCE BETWEEN THE MEASURE OF THE COMMUNITY AND THAT OF THE MEMBER STATE , THE PROJECTS TO BE FINANCED BY THE FUND MUST FIRST BE APPROVED BY THE MEMBER STATE CONCERNED , WHICH SHOULD ALSO CONTRIBUTE TO THE COST ;

WHEREAS THE PROVISION BY THE FUND OF A CAPITAL SUBSIDY NOT EXCEEDING 25 % OF THE VALUE OF THE INVESTMENT WOULD , IN GENERAL , BE AN APPROPRIATE CONTRIBUTION THERETO ;

WHEREAS GREENLAND , IRELAND , NORTHERN IRELAND , THE MEZZOGIORNO , THE FRENCH OVERSEAS DEPARTMENTS AND GREECE ARE IN A SPECIAL SITUATION BECAUSE OF THEIR BELATED ECONOMIC AND SOCIAL DEVELOPMENT , THEIR SELF-FINANCING DIFFICULTIES AND THEIR OUTLYING POSITION IN THE COMMUNITY ; WHEREAS VALID ECONOMIC INITIATIVES CANNOT BE ENCOURAGED IN THOSE REGIONS WITHOUT A SPECIALLY INTENSIVE EFFORT ; WHEREAS FUND PARTICIPATION IN THESE REGIONS SHOULD CONSEQUENTLY BE ALLOWED TO AMOUNT TO 50 % ;

WHEREAS THIS INCREASED RATE OF PARTICIPATION SHOULD ALSO BE APPLIED TO PROJECTS FOR THE CONSTRUCTION OF ARTIFICIAL STRUCTURES TO FACILITATE RESTOCKING OF COASTAL AREAS , GIVEN THE HEAVY INVESTMENT INVOLVED IN RELATION TO THE SHORT-TERM BENEFITS ACCRUING TO COMMUNITIES LIVING FROM FISHING ;

WHEREAS , IN ORDER TO ENSURE THAT BENEFICIARIES OBSERVE THE CONDITIONS IMPOSED WHEN FUND AID IS GRANTED , AN EFFECTIVE CONTROL PROCEDURE SHOULD BE PROVIDED FOR WITH THE POSSIBILITY OF SUSPENDING , REDUCING OR DISCONTINUING THE AID FROM THE FUND ;

WHEREAS A PROCEDURE FOR EXAMINATION OF THE PROGRAMMES SHOULD BE PROVIDED FOR TO ENSURE CLOSE COOPERATION BETWEEN THE MEMBER STATES AND THE COMMISSION WITHIN THE STANDING COMMITTEE FOR THE FISHING INDUSTRY ; WHEREAS , FOR THE APPROVAL OF PROJECTS , IN ADDITION TO THE PROCEDURE IN THE STANDING COMMITTEE , PROVISION...