Council Regulation (EC) No 1263/1999 of 21 June 1999 on the Financial Instrument for Fisheries Guidance
L 161/54 EN Official Journal of the European Communities 26. 6. 1999 COUNCIL REGULATION (EC) No 1263/1999 of 21 June 1999 on the Financial Instrument for Fisheries Guidance THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 37 thereof, Having regard Commission (1), to the proposal from the Having regard to the opinion of Parliament (2), the European Having regard to the opinion of the Economic and Social Committee (3), (1) Whereas the common fisheries policy supports the general objectives of Article 33 of the Treaty; whereas, in particular, Council Regulation (EEC) No 3760/92 of 20 December 1992 establishing a Community and aquaculture (4), contributes towards achieving a balance the management of resources, on the one hand, and fishing effort and the stable and rational exploitation of those resources, on the other; conservation between fisheries system and for (2) Whereas structural measures in fisheries and aquaculture should contribute to the attainment of the objectives of the common fisheries policy and those of Article 100 of the Treaty; (3) Whereas the incorporation of such structural measures into the operational framework of the Structural Funds in 1993 improved the synergy of Community operations and enabled a more to the contribution to be made coherent strengthening of economic and social cohesion; (1) OJ C 176, 9. 6. 1998, p. 44. (2) Opinion delivered on 6 May 1999 (not yet published in the Official Journal). (3) OJ C 407, 28. 12. 1998, p. 74. (4) OJ L 389, 31. 12. 1992, p. 1. Regulation as amended by Regulation (EC) No 1181/98 (OJ L 164, 9. 6. 1998, p. 3). the institutes Funds (5) Structural review of (4) Whereas Council Regulation (EC) No 1260/1999 of 21 June 1999 laying down general provisions a on the comprehensive operational arrangements for the structural policies to take such from 1 January 2000; whereas effect structural measures will form part of the means and tasks referred to in Article 2 of the said Regulation; whereas 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Regulation (EEC) No 2052/88 as regards the Financial Instrument for Fisheries Guidance (6) should therefore be repealed and replaced by a new Regulation providing in particular for arrangements that will ensure a transition which avoids any interruption of the structural measures, HAS ADOPTED THIS REGULATION: Article 1 The structural measures 1. implemented with Community financial assistance under this Regulation in the fisheries and aquaculture sector and the industry processing and marketing their products (hereinafter referred to as the sector’) shall support the general objectives of Articles 33 and 100 of the Treaty and the objectives set out in Regulations (EEC) No 3760/92 and (EC) No 1260/1999. The 2. tasks of paragraph 1 shall be: the measures referred to in (a) to contribute to achieving a sustainable balance between fishery resources and their exploitation; (b) to strengthen the competitiveness of structures and the development of economically viable enterprises in the sector; (5) See page 1 of this Official Journal. (6) OJ L 193, 31. 7. 1993, p. 1. 26. 6. 1999 EN Official Journal of the European Communities L 161/55 (c) to improve market supply and the value added to fishery and aquaculture products; — processing and marketing of fishery and aquaculture products, (d) to contribute to revitalising areas dependent on fisheries and aquaculture. — measures to find and promote new market outlets, 3. Community financial assistance may be granted for the implementation of measures in support of one or more of the tasks referred to in paragraph 2, in accordance with Article 2. 4. Under the procedure referred to in Article 4, the Council shall establish the fields of intervention for the structural actions referred to in paragraph 1 of this Article. Article 2 The Financial Instrument for Fisheries Guidance 1. is hereinafter called the FIFG’. 2. Measures implemented with assistance from the FIFG in Objective 1 of the Structural Funds shall form part of the programming of this Objective. Measures implemented with assistance from the FIFG to a single outside Objective 1 shall be subject programming document State concerned. in each Member 3. The measures mentioned in paragraph 2 shall include all structural measures in the sector in the following areas: — fleet renewal and modernisation of fishing vessels, — adjustment of fishing effort, — joint enterprises, — small-scale coastal fishing, — socioeconomic measures, — protection of marine resources in coastal waters, — operations by members of the trade, — temporary cessation of activities and other financial compensation, — innovative actions and technical assistance. According to the procedure laid down in Article 4, the Council may adapt this list of measures. 4. Member States shall ensure at national level that fleet restructuring inverventions under the FIFG are consistent with their obligations under the common fisheries policy and in particular under the fisheries multiannual guidance programmes. 5. In addition, and in accordance with Articles 22 and 23 of Regulation (EC) No 1260/1999, the FIFG shall contribute towards: (a) action innovative transnational operations and the establishment of networks for those operating in the sector and areas dependent on fisheries and aquaculture; including (b) technical assistance measures. In accordance with Article 22(2) of Regulation (EC) No 1260/1999, the field for pilot projects covered by point (a) of this paragraph is extended by the decision on the contributions from the Funds to measures that can be financed under Regulation (EC) No 1261/1999 of 21 June 1999 of the European Parliament and of the Council on the Regional Development Fund (1), Regulation (EC) No 1262/1999 of 21 June 1999 of the European Parliament and of the Council on the European Social Fund (2) and Council Regulation (EC) No 1257/1999 of 17 May 1999 on support for rural European Agricultural development and Guidance amending and repealing certain Regulations (3) in order to implement all the measures envisaged by the innovative actions concerned. from the and Guarantee (EAGGF) Fund — aquaculture, — fishing port facilities, (1) See page 43 of this Official Journal. (2) See page 48 of this Official Journal. (3) OJ L 160, 26. 6. 1999, p. 80. L 161/56 EN Official Journal of the European Communities 26. 6. 1999 Article 3 The financial contribution granted to each individual operation under the measures referred to in Article 1(3) may not exceed a maximum amount to be determined in accordance with the procedure referred to in Article 4. latest six years and three months after the date the aid is granted shall be released automatically by the Commission at the latest six years and nine months after the date the aid is granted, giving rise to the repayment of amounts unduly paid, without prejudice to projects which have been suspended on legal grounds. Article 4 Article 6 Without prejudice to Article 5, the Council, acting on a proposal from the Commission in accordance with the procedure laid down in Article 37 of the Treaty, shall adopt, not later than 31 December 1999, the for detailed rules and conditions the Community financial structural measures contribution to the referred to in Article 2. Article 5 Council Regulations (EEC) No 4028/86 (1) and 1. (EEC) No 4042/89 (2) shall continue to apply to applications for aid submitted before 1 January 1994. 2. Portions of sums committed as assistance for projects by the Commission between 1 January 1989 and 31 December 1993 under Regulation (EEC) No 4028/86 for which no final application for payment has been submitted to the Commission at the Regulation (EEC) No 2080/93 is hereby repealed with effect from 1 January 2000. References understood as references to this Regulation. repealed Regulation shall be to the Article 7 transitional in arrangements The Article 52 of Regulation (EC) No 1260/1999 shall apply mutatis mutandis to this Regulation. provided for Article 8 This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Luxembourg, 21 June 1999. For the Council The President G. VERHEUGEN (1) OJ L 376, 31. 12. 1986, p. 7. Regulation as last amended by Regulation (EC) No 2080/93. (2) OJ L 388, 30. 12. 1989, p. 1. Regulation as last amended by Regulation (EC) No 2080/93