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Document 32002R2369
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
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
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
JO L 358, 31.12.2002, p. 49–56
(ES, DA, DE, EL, EN, FR, IT, NL, PT, FI, SV) Acest document a fost publicat într-o ediţie specială
(CS, ET, LV, LT, HU, MT, PL, SK, SL)
No longer in force, Date of end of validity: 31/12/2006; abrogare implicită prin 32006R1198
Relation | Act | Comment | Subdivision concerned | From | To |
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Modifies | 31999R2792 | înlocuire | articol 9 | 01/01/2003 | |
Modifies | 31999R2792 | modificare | anexă 1 | 01/01/2003 | |
Modifies | 31999R2792 | eliminare | articol 10.2 | 01/01/2003 | |
Modifies | 31999R2792 | înlocuire | articol 10.4 | 01/01/2003 | |
Modifies | 31999R2792 | înlocuire | articol 12.2 | 01/01/2003 | |
Modifies | 31999R2792 | înlocuire | articol 10.1 | 01/01/2003 | |
Modifies | 31999R2792 | eliminare | articol 4 | 01/01/2003 | |
Modifies | 31999R2792 | înlocuire | TITRE TITRE 2 | 01/01/2003 | |
Modifies | 31999R2792 | modificare | anexă 3 | 01/01/2003 | |
Modifies | 31999R2792 | înlocuire | articol 7.1 | 01/01/2003 | |
Modifies | 31999R2792 | modificare | articol 23.1 | 01/01/2003 | |
Modifies | 31999R2792 | eliminare | anexă 2 | 01/01/2003 | |
Modifies | 31999R2792 | înlocuire | articol 16.4 | 01/01/2003 | |
Modifies | 31999R2792 | modificare | articol 7.5 | 01/01/2003 | |
Modifies | 31999R2792 | eliminare | articol 7.6 | 01/01/2003 | |
Modifies | 31999R2792 | înlocuire | articol 16.3 | 01/01/2003 | |
Modifies | 31999R2792 | înlocuire | articol 3.3 | 01/01/2003 | |
Modifies | 31999R2792 | eliminare | articol 3.4 | 01/01/2003 | |
Modifies | 31999R2792 | eliminare | articol 7.4 | 01/01/2003 | |
Modifies | 31999R2792 | înlocuire | articol 19 | 01/01/2003 | |
Modifies | 31999R2792 | modificare | articol 12.6 | 01/01/2003 | |
Modifies | 31999R2792 | eliminare | articol 7.7 | 01/01/2003 | |
Modifies | 31999R2792 | adăugare | articol 1.3 | 01/01/2003 | |
Modifies | 31999R2792 | înlocuire | articol 10.3 | 01/01/2003 | |
Modifies | 31999R2792 | înlocuire | articol 11.1 | 01/01/2003 | |
Modifies | 31999R2792 | modificare | articol 12.4 | 01/01/2003 | |
Modifies | 31999R2792 | înlocuire | articol 22 | 01/01/2003 | |
Modifies | 31999R2792 | înlocuire | articol 7.3 | 01/01/2003 | |
Modifies | 31999R2792 | înlocuire | articol 8.5 | 01/01/2003 | |
Modifies | 31999R2792 | modificare | articol 16.1 | 01/01/2003 | |
Modifies | 31999R2792 | modificare | anexă 4 | 01/01/2003 | |
Modifies | 31999R2792 | modificare | articol 12.3 | 01/01/2003 | |
Modifies | 31999R2792 | înlocuire | articol 11.4 | 01/01/2003 | |
Modifies | 31999R2792 | înlocuire | articol 18 | 01/01/2003 | |
Modifies | 31999R2792 | înlocuire | articol 2 | 01/01/2003 | |
Modifies | 31999R2792 | înlocuire | articol 3.1 | 01/01/2003 | |
Modifies | 31999R2792 | eliminare | articol 5 | 01/01/2003 |
Relation | Act | Comment | Subdivision concerned | From | To |
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Corrected by | 32002R2369R(01) | (DA, EN, ES, FI, IT, NL) | |||
Corrected by | 32002R2369R(02) | (EL, PT) | |||
Corrected by | 32002R2369R(03) | (DE) | |||
Corrected by | 32002R2369R(04) | (FR, SV) | |||
Implicitly repealed by | 32006R1198 | 01/01/2007 |
31.12.2002 |
EN |
Official Journal of the European Communities |
L 358/49 |
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
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Articles 36 and 37 thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the European Parliament (2),
Whereas:
(1) |
Regulation (EC) No 2792/1999 (3) lays down provisions relating to the restructuring of the Community fisheries sector. |
(2) |
The period of application of Council Decision 97/413/EC of 26 June 1997 concerning the objectives and detailed rules for restructuring the Community fisheries sector for the period from 1 January 1997 to 31 December 2001 with a view to achieving a balance on a sustainable basis between resources and their exploitation (4) has been extended and will expire on 31 December 2002. |
(3) |
Appropriate provisions should be laid down for the period commencing on 1 January 2003. |
(4) |
Consistency should be ensured between the policy for restructuring the fisheries sector and other aspects of the Common Fisheries Policy, in particular the objective of achieving a stable and enduring balance between the capacity of fishing fleets and the fishing opportunities available to them in Community waters and outside Community waters. |
(5) |
Since this balance can be achieved only by capacity withdrawal, Community financial support to the fisheries sector through the Financial Instrument for Fisheries Guidance (FIFG) should be concentrated mainly on the scrapping of fishing vessels and public aid for fleet renewal should be permitted only until 31 December 2004. |
(6) |
For the same reason, measures for the equipment and modernisation of fishing vessels should be restricted either to measures to improve safety, navigation, hygiene, product quality, product safety and working conditions or to measures to increase the selectivity of fishing gear, including for the purpose of reducing by-catches and habitat impacts. These measures should be eligible for FIFG support on condition that they do not lead to an increase in fishing effort. |
(7) |
FIFG support for measures to assist small-scale coastal fishing should be granted on condition that such measures do not serve to increase fishing effort in fragile coastal marine ecosystems, or that they help to reduce the impact of towed gear on the flora and fauna of the sea bed. |
(8) |
Public aid for the transfer of Community fishing vessels to third countries, including transfers made in the context of joint enterprises, should be permitted only until 31 December 2004. |
(9) |
Socio-economic measures aim to support the retraining of fishermen to help them take up full time professional activities outside marine fisheries. These measures may also aim to support the diversification of fishermen's activities outside marine fisheries and thereby enable them to continue fishing on a part-time basis, provided that this contributes to a reduction of their fishing effort. |
(10) |
Detailed rules should be introduced for the granting of compensation and its limitation in time where a recovery or management plan is decided on by the Council or emergency measures are decided on by the Commission or by one or more Member States. |
(11) |
Articles 87, 88 and 89 of the Treaty should apply to aid granted by Member States to the fisheries and aquaculture sector. However, in order to speed up the reimbursement by the Commission of funds advanced by the Member States, an exception to that principle should be introduced for the obligatory financial input by Member States towards measures co-financed by the Community and provided for under the development plans defined in Council Regulation (EC) No 1260/1999 of 21 June 1999 laying down general provisions on the Structural Funds (5). |
(12) |
For procedural reasons, all measures entailing public financing over and above the provisions concerning obligatory financial contributions contained in Regulation (EC) No 2792/1999 or in Council Regulation (EC) No 2370/2002 of 20 December 2002 establishing an emergency Community measure for scrapping fishing vessels (6) should be treated as a whole under Articles 87, 88 and 89 of the Treaty. |
(13) |
Regulation (EC) No 2792/1999 should therefore be amended accordingly, |
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EC) No 2792/1999 is hereby amended as follows:
1. |
the following paragraph shall be added to Article 1: ‘3. Measures adopted pursuant to paragraphs 1 and 2 shall not increase fishing effort.’ |
2. |
Article 2 shall be replaced by the following: ‘Article 2 Means The Financial Instrument for Fisheries Guidance, hereafter referred to as the “FIFG” may, under the conditions laid down in Article 16 of Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy (7), provide assistance for the measures defined in Titles II, III and IV of this Regulation within the fields covered by the Common Fisheries Policy as defined in Article 1 of Regulation (EC) No 2371/2002. |
3. |
Article 3 shall be amended as follows:
|
4. |
Articles 4 and 5 shall be deleted; |
5. |
the heading of Title II shall be replaced by the following: ‘Title II FISHING FLEET’ |
6. |
Article 6 shall be deleted; |
7. |
Article 7 shall be amended as follows:
|
8. |
Article 8(5) shall be replaced by the following: ‘5. Each year for five consecutive years from the date of constitution of the joint enterprise or the date on which the Community partner acquired holdings in the enterprise, applicants shall submit to the management authority a report on the implementation of the activity plan, including data on catches and markets of fisheries products, in particular products landed in or exported to the Community, with supporting documents, together with the enterprise's balance sheet and a statement of its net worth. The management authority shall forward the report to the Commission for information. The balance of the premium shall be paid to applicants after five years of activity and after the fifth report has been received.’ |
9. |
Article 9 shall be replaced by the following: ‘Article 9 Public aid for fleet renewal and for the equipment or modernisation of fishing vessels 1. Public aid for fleet renewal and 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 only on the following conditions and those set out in the second subparagraph of Article 3(3) and in Annex III:
2. The effect of granting public aid shall be accounted for in the annual implementation report referred to in Article 21. 3. The indicators relating to the granting of public aid for fleet renewal and modernisation of fishing vessels in the plans, set out in Annex I(2)(d), shall be drawn up in accordance with this Article. 4. Expenditure eligible for public aid as referred to in paragraph 1 may not exceed the following amounts:
|
10. |
Article 10 shall be amended as follows:
|
11. |
Article 11 shall be amended as follows:
|
12. |
Article 12 shall be amended as follows:
|
13. |
Article 16 is hereby amended as follows:
|
14. |
Article 18 shall be replaced by the following: ‘Article 18 Compliance with the conditions governing assistance The managing authority shall ensure that the special conditions governing assistance listed in Annex III are complied with. It shall also satisfy itself as to the technical capacity of beneficiaries and the financial viability of firms as well as their respecting all rules of the Common Fisheries Policy before granting aid. If during the grant period it is found that the beneficiary does not comply with rules of the Common Fisheries Policy, the grant shall be reimbursed in proportion to the gravity of the infringement. Detailed rules for the implementation of this article may be adopted in accordance with Article 23(2).’ |
15. |
Article 19 shall be replaced by the following: ‘Article 19 Obligatory financial contributions and State aid 1. Without prejudice to paragraph 2, Articles 87, 88 and 89 of the Treaty shall apply to aid granted by Member States to the fisheries and aquaculture sector. 2. Articles 87, 88 and 89 of the Treaty shall not apply to obligatory financial contributions by Member States to measures co-financed by the Community and provided for under the development plans referred to in Article 3(3) of this Regulation and defined in Article 9(b) of Regulation (EC) No 1260/1999 or under Article 5 of Regulation (EC) No 2370/2002 of 20 December 2002 establishing an emergency Community measure for scrapping fishing vessels. (12) 3. Measures which provide for public financing exceeding the provisions of this Regulation or of Regulation (EC) No 2370/2002 concerning obligatory financial contributions, as referred to in paragraph 2, shall be treated as a whole on the basis of paragraph 1. |
16. |
Article 22 shall be replaced by the following: ‘Article 22 Committee procedure The measures necessary for the implementation of this Regulation relating to matters referred to in Articles 8, 15, 18 and 21 shall be adopted in accordance with the management procedure referred to in Article 23(2).’ |
17. |
in Article 23(1), points (a) and (b) shall be replaced by the following:
|
Article 2
Annexes I to IV shall be amended in accordance with the Annex to this Regulation.
Article 3
This Regulation shall enter into force on 1 January 2003.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 20 December 2002.
For the Council
The President
M. FISCHER BOEL
(1) OJ C 203 E, 27.8.2002, p. 304.
(2) Opinion delivered on 5 December 2002 (not yet published in the Official Journal).
(3) OJ L 337, 30.12.1999, p. 10. Regulation as last amended by Regulation (EC) No 179/2002 (OJ L 31, 1.2.2002, p. 25).
(4) OJ L 175, 3.7.1997, p. 27. Decision as amended by Decision 2002/70/EC (OJ L 31, 1.2.2002, p. 79).
(5) OJ L 161, 26.6.1999, p. 1. Regulation as amended by Regulation (EC) No 1447/2001 (OJ L 198, 27.7.2001, p. 1).
(6) See page 57 of this Official Journal.
ANNEX
1. |
Annex I is amended as follows:
|
2. |
Annex II is deleted. |
3. |
Annex III is amended as follows:
|
4. |
in Annex IV, thetext precedingTable 3 in point 2 is replaced by the following: ‘2. Rates of financial participation
|