28.12.2001 Official Journal of the European Communities L 344/17 COUNCIL REGULATION (EC) No 2561/2001 of 17 December 2001 aiming to promote the conversion of fishing vessels and of fishermen that were, up to 1999, dependent on the fishing agreement with Morocco 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 ('), Having regard to the opinion of the European Parliament (%), Having regard to the opinion of the Economic and Social Committee (%), Whereas: (1)  The Agreement on the relations as regards sea fishing between the European Community and the Kingdom of Morocco (hereinafter referred to as ‘the fisheries agree- ment with Morocco’), became null and void on 30 November 1999. Consequently, a significant number of Community vessels that operated within this framework were forced to stop their fishing activities at that date. (2)  The fishermen and owners of the vessels concerned benefited in this connection from the allowances provided for in Article 16(1)(b) of Regulation (EC) No 2792/1999 (% with the assistance of the Financial Instrument for Fisheries Guidance (FIFG), under the derogation conditions laid down by Regulation (EC) No 1227/2001 (). (3) It is justified to encourage, by appropriate measures at the Community level, the implementation of the conver- sion plans of the fleets concerned as approved by the Commission on 18 October 2000. (4) It is necessary to facilitate the permanent cessation activity of the vessels, whether by demolition or by transfer to a third country, including within the frame- work of joint enterprises. It is also appropriate to facili- tate the replacement of fishing gear for the permanent conversion towards other fishing activities, whatever the () O] C 270 E, 25.9.2001, p. 266. (%) Opinion delivered on 15 November 2001 (not yet published in the Official Journal). (®) Opinion delivered on 18 October 2001 (not yet published in the Official Journal). (*) Council Regulation (EC) No 2792/1999 of 17 December 1999 laying down the detailed rules and arrangements regarding Commu- nity structural assistance in the fisheries sector (O] L 337, 30.12.1999, p. 10). Regulation as last amended by Regulation (EC) No 1451/2001 (O] L 198, 21.7.2001, p. 9). Regulation (EC) No 1227/2001 of 18 June 2001 derogating from certain provisions of Regulation (EC) No 2792/1999 laying down the detailed rules and arrangements regarding Community structural assistance in the fisheries sector (O] L 168, 23. 6.2001, p. 1). age of the vessel and even if it were the subject of public aid for construction. (5)  Consequently, there is a need for derogations from certain provisions of Regulation (EC) No 2792/1999. (6)  Moreover, in the spirit of the conclusions of the Euro- pean Council of Nice, the European Union should signal its solidarity with the Member States concerned, by means of an additional financial effort, over and above the amounts made available inside heading 2 of the financial perspectives for the budget of the European Union, as fixed at the European Council of Berlin on 25 March 1999. (7)  Consequently, a specific measure of the Community should be instituted to execute the appropriations in question in order to implement part of the conversion plans, on the understanding that the other parts of the aforementioned plans will have to be carried out with the assistance of FIFG appropriations. (8)  The complementary appropriations available should be devoted to the specific measure, on the one hand to the restructuring of the fleet, and on the other hand to the fishermen's early retirement or retraining, away from sea fishing, under individual or collective social plans. (9 The specific measure must be consistent with the general principles of the structural policy in the fisheries sector. In particular, distortions must be avoided with the provi- sions in force for the implementation of the FIFG appro- priations. An operational mechanism of management must also be envisaged as close as possible to that in force for the Community Structural Funds, as fixed by Regulation (EC) No 1260/1999 (%). (10)  The vessels due to operate in international waters or in waters of third countries must fully respect international law with regard to the conservation of fishing resources and in particular the United Nations Convention on the Law of Seas as well as the Code of Conduct of the Food and Agriculture Organisation of the United Nations. (®) Council Regulation (EC) No 1260/1999 of 21 June 1999 laying down general provisions on the Structural Funds (O] L 161, 26.6.1999, p. 1). Regulation as last amended by Regulation (EC) No 1447/2001 (O] L 198, 21.7.2001, p. 1).