This Decision establishes the conditions under which the Community may grant a financial contribution to Member States for their fisheries control programmes.
Council Decision of 29 April 2004 on a Community financial contribution towards Member States fisheries control programmes (2004/465/EC)
Council Decision of 29 April 2004 on a Community financial contribution towards Member States fisheries control programmes (2004/465/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 37 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament(1),
Whereas:
The common fisheries policy (CFP) sets out general rules on the conservation, management and responsible exploitation, and processing and marketing of living aquatic resources.
Specific objectives and rules are set out in particular 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(2).
Responsibility for ensuring that activities carried out within the scope of the CFP comply with those rules lies primarily with Member States.
Member States should have the requisite human and financial resources to discharge their responsibility for controlling fishing activities and enforcing the CFP rules.
Regulation (EC) No 2371/2002 stressed the need to further improve control of fishing activities in order to fight by any means against illegal and undeclared fishing within and outside Community waters. It identified remote control technologies as a tool to better achieve the control objectives under CFP and extended the obligation for remote monitoring by means of vessel monitoring systems to vessels more than 15 metres overall.
With effect from the date of accession the CFP rules will apply to new Member States which should be able to comply with all the requirements laid down by Community law, in particular in the control field. Those new Member States should be given the means to enable them to carry out their obligations.
The Community has been granting financial assistance to Member States since 1990 to make controls more efficient and effective and in particular to introduce and extend remote-control technology and information technology networks, to improve staff skills and to equip competent authorities with patrol vessels and surveillance aircraft.
The current financial scheme pursuant to Council Decision 2001/431/EC of 28 May 2001 on a financial contribution by the Community to certain expenditure incurred by the Member States in implementing the control, inspection and surveillance systems applicable to the common fisheries policy(3) expired at the end of 2003. There is evidence, however, that the resources of Member States are still inadequate.
It is of paramount importance to ensure that CFP rules are effectively enforced throughout the Community. It appears that some of those involved in the administrative or penal procedures are not always fully aware of the need to impose sanctions, which are dissuasive in order to avoid overexploitation of fishing stocks. It is therefore appropriate to promote actions to focus attention on this issue.
Regulation (EC) No 2371/2002 underlined the need to enhance cooperation and coordination among Member States and with the Commission in order to strengthen control and discourage behaviour contrary to CFP rules. A structure designed to organise cooperation and coordination of control activities and of means dedicated to control purposes is expected to be operational in 2006.
It is therefore appropriate to continue to provide financial support to Member States until that time. It is necessary to ensure that Community funds are allocated efficiently with a view to reducing identified weaknesses. The funds should be used in accordance with the principle of sound financial management.
A financial reference amount, within the meaning of point 34 of the Interinstitutional Agreement of 6 May 1999 between the European Parliament, the Council and the Commission on budgetary discipline and improvement of the budgetary procedure(4), is included in this Decision for the entire duration of the period for which financial assistance is to be provided, without thereby affecting the powers of the budgetary authority as defined by the Treaty.
Member States should assess their programmes and the impact of their expenditure on control, inspection and surveillance, each year and over the whole period covered by this Decision and Decision 2001/431/EC.
Transitional measures should be established for claims for reimbursement of expenditure on the basis of Decision 2001/431/EC.
To ensure continuity with Decision 2001/431/EC, this Decision should apply from 1 January 2004,
HAS ADOPTED THIS DECISION:
Article 1 Subject matter
Article 2 Definitions
For the purpose of this Decision the following definitions shall apply:
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‘financial contribution’ means a financial contribution paid by the Community to a Member State pursuant to this Decision;
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‘fisheries control programme’ means a programme drawn up by a Member State for monitoring, control and surveillance in fields covered by the common fisheries policy (CFP) as required by Regulation (EC) No 2371/2002;
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‘new Member State’ means a country which accedes to the Community on 1 May 2004.
Article 3 Annual fisheries control programmes
1.
Member States wishing to receive a financial contribution shall notify to the Commission an annual fisheries control programme specifying:
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the objectives of the programme;
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the human resources available;
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the financial resources available;
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the number of vessels and aircraft available;
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a list of projects for which a financial contribution is sought;
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the overall expenditure planned for achieving the projects;
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a schedule for completion of each project listed in the programme;
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a list of indicators that will be used to assess the efficacy of the programme.
2.
All Member States shall submit their annual fisheries control programme by 1 June 2004 for 2004 and by 31 January for 2005 and by 31 January 2006 for 2006.
3.
Detailed rules on the content of the fisheries control programme are set out in Annex I, part A.
Article 4 Actions covered
1.
The projects for which a financial contribution is sought shall relate to one or more of the following actions:
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purchase of, installation and technical assistance for computer technology and setting up of IT networks in order to allow efficient and secure data exchange in connection with monitoring, control and surveillance of fisheries activities;
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purchase and fitting on board of fishing vessels of:
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electronic localisation devices enabling vessels to be monitored at a distance by fisheries monitoring centre through a vessel monitoring system (VMS);
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electronic recording and reporting devices, allowing data transmission from the vessel;
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pilot projects relating to and implementation of new technologies on the control of fisheries activities;
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training and exchange programmes of civil servants responsible for monitoring, control and surveillance tasks in the fisheries area;
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implementation of pilot inspection and observer schemes;
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cost/benefit analysis and assessment of overall expenditure incurred by the competent authorities in carrying out monitoring, control and surveillance of fisheries activities;
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initiatives including seminars and media tools aimed at enhancing awareness among fishermen and other players such as inspectors, public prosecutors and judges, as well as among the general public of the need to fight irresponsible and illegal fishing and on the implementation of CFP rules;
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purchase and modernisation of vessels and aircraft used for inspection and surveillance of fisheries activities by the competent authorities of the Member States;
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administrative arrangements with the Joint Research Centre aimed at implementing new technologies on control;
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studies on control-related areas carried out at the initiative of the Commission.
2.
Detailed rules on the actions covered are set out in Annex I, part B.