L 8/22 Official Journal of the European Communities 14.1.1999 (Acts whose publication is not obligatory) COUNCIL COUNCIL DECISION of 17 December 1998 on a specific measure to encourage diversification out of certain fishing activities and amending Decision 97/292/EC (1999/27/EC) THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 43 thereof, Having regard to the proposal from the Commission ('), Having regard to the opinion of the European Parlia- ment (%), (1) Whereas, pursuant to Council Regulation (EEC) No 2080/93 of 20 July 1993 laying down provisions for implementing Regulation (EEC) No 2052/88 as regards the financial instrument of fisheries guidance (%), specific measures may be financed by that instrument; (2) Whereas Article 11a of Council Regulation (EC) No 894/97 of 29 April 1997 laying down certain technical measures for the conservation of fishery resources (*) prohibits the use of drift nets intended for the capture of certain species from 1 January 2002; (3) Whereas this Decision will have unfavourable economic and social repercussions in the short term for a number of fishing fleets, thus justifying at Community level an appropriate range of actions and special supporting measures for fishermen serving on board and the owners of fishing vessels; () OJ C 314, 13. 10. 1998, p. 18. () Opinion delivered on 16 December 1998 (not yet published in the Official Journal). () OJ L 193, 31. 7. 1993, p. 1. () OJ L 132, 23. 5. 1997, p. 1. Regulation as amended by Regu- lation (EC) No 1239/98 (OJ L 171, 17. 6. 1998, p. 1). whereas the measures concerned will have to be exceptional in character, however, and in any event be met from the budget for the affected Member States’ existing structural programmes; (4) Whereas it is consequently appropriate to derogate temporarily from the criteria for eligibility under the financial instrument for fisheries guidance, hereinafter referred to as ‘FIFG’ and, if necessary, adjust the upper limit on the relevant eligible expenditure; (5) Whereas a specific number of fishing vessels flying the Spanish, French, Irish, Italian and United Kingdom flags are affected by the ban on fishing with drift nets imposed by Regulation (EC) No 1239/98; whereas on 28 April 1997 the Council adopted Decision 97/292/EC on a specific measure to encourage Italian fishermen to diversify out of certain fishing activities (°); whereas there is there- fore no need to adopt a new specific measure for the said Italian fishermen; whereas, however, for the sake of clarity, that Decision should be amended to list the cases where aid may be cumu- lated; (6) Whereas most of the possible measures fall within the scope of the FIFG as laid down by Council Regulation (EC) No 3699/93 of 21 December 1993 () OJ L 121, 13. 5. 1997, p. 20.