6.8.2004   

EN

Official Journal of the European Union

L 260/1

(1)

Regulation (EC) No 2792/1999 (2) lays down provisions relating to the protection and development of aquatic resources and to the development of the Community aquaculture sector.

(2)

Community legislation establishes the possibility of supplementary aid for scrapping when a recovery plan is applicable. In such a case, or where emergency measures adopted by the Commission or Member States are liable to have similar effects, aid for crew members who are forced to give up fishing owing to the plan or the measures should also be increased. The same should be applicable to crew members who lose their jobs, without the vessel being scrapped, owing to the adoption of a recovery plan or emergency measures.

(3)

The Commission issued on 19 September 2002 a communication to the European Parliament and the Council on a strategy for the sustainable development of European aquaculture. The implementation of the strategy involves the need to amend Regulation (EC) No 2792/1999.

(4)

The protection and development of aquatic resources do not exclusively concern measures taken at sea, but also, and in particular for anadromous and catadromous species in inland waters. In this respect, the rehabilitation and re-opening of migration routes and spawning areas is of particular importance.

(5)

Any increase in production in excess of the likely evolution in demand should not be encouraged. Better marketing strategies have to be implemented, but reliable statistics on fish consumption are often lacking, as is economic analysis on markets and marketing of aquaculture products.

(6)

Harmful algae blooms are among the most serious threats for the future of shellfish farming in Europe. Sometimes a bloom can last for exceptionally long periods or occur during a period of concentrated sales and compensation for the shellfish farmers affected may be justified, except in the case of recurring phenomena.

(7)

Enlarging the knowledge base of the industry encompasses all the aspects of farming and is paramount for aquaculture. Due to the inadequacy of the funds allocated for this purpose, it is essential to further encourage applied research and technological development in aquaculture, by expanding the opportunities for its public financing and promoting private initiative in this area.

(8)

Aquaculture enterprises should be encouraged to improve their environmental performance and to develop voluntarily initiatives that go beyond the minimum legal requirements in terms of environmental protection.

(9)

In order to enable public aid for aquaculture service vessels to be maintained, it is necessary to establish a clear distinction between those vessels and fishing vessels as defined in Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the common fisheries policy (3), since some fishing vessels may be exclusively used in aquaculture but could possibly revert to fishing activity.

(10)

To encourage permanent reduction in fishing effort where a recovery plan is adopted by the Council or emergency measures are adopted by the Commission or Member States, reimbursement of aid previously received by vessels affected by the plan or the measures should not be required.

(11)

Where a vessel has to replace fishing gear in the event of a recovery plan, it should be possible to consider the first replacement of fishing gear as eligible expenditure.

(12)

Community vessels may be required to use acoustic deterrent devices in certain fisheries to reduce incidental capture and killing of cetaceans. The cost to comply with such an obligation should be eligible to vessel modernisation aid.

(13)

The intervention by public authorities in favour of aquaculture from the late 1970s has stimulated production growth, but nowadays the situation has changed and overproduction is a threat for some branches. Consequently, new priorities within the aquaculture measures in the Financial Instrument for Fisheries Guidance Programmes should be set and in certain cases the rate of aid should be reduced.

(14)

Some forms of finfish farming may have an ecologically beneficial role, as a way to associate an economic activity with the conservation or development of wetlands. In such circumstances an increase in public support is justified.

(15)

Regulation (EC) No 2792/1999 should therefore be amended accordingly,

1.

In Article 10(3), point (a) is replaced by the following:

2.

In Article 12(3), the following point is added:

3.

In Article 12(4), point (c) is replaced by the following:

4.

In Article 13(1), point (a) is replaced by the following:

5.

In Article 15(3), point (n) is replaced by the following:

6.

Article 16 is amended as follows:

7.

In Article 17(2), the following subparagraph is added:

‘Small-scale, applied-research initiatives, not exceeding EUR 150 000 in total cost and three years in duration, carried out by an economic operator, a scientific or technical body, a representative professional organisation or other competent body, shall be eligible as pilot projects, provided that they contribute to the objectives of sustainable development of the aquaculture industry in the Community.’

8.

Annex III is amended as follows: