Council Regulation (EC) No 861/2006 of 22 May 2006 establishing Community financial measures for the implementation of the common fisheries policy and in the area of the Law of the Sea
Council Regulation (EC) No 861/2006 of 22 May 2006 establishing Community financial measures for the implementation of the common fisheries policy and in the area of the Law of the Sea
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:
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) provides that the common fisheries policy (CFP) is to ensure the exploitation of living aquatic resources in a manner that provides sustainable economic, environmental and social conditions.
In implementing the CFP pursuant to Regulation (EC) No 2371/2002 and its implementing regulations, a crucial objective is to make Community financial intervention in the sector more effective. Greater complementarity and more streamlined, uniform and coordinated procedures, both within the Community and in relations with third countries and international organisations, are essential to ensuring the consistency and relevance of such financial intervention.
It is necessary to take account of the objectives previously established in the 2002 CFP reform, which have been supplemented by sectoral legal and policy instruments.
In addition it is necessary to adapt Community legislation to those objectives and to the orientations of the financial framework for the period 2007 to 2013, while at the same time ensuring compliance with Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities(3) and Commission Regulation (EC, Euratom) No 2342/2002 of 23 December 2002 laying down detailed rules for the implementation of Council Regulation (EC, Euratom) No 1605/2002(4), and with the requirements of simplification and better regulation.
Community expenditure may take, inter alia, the form of a financing decision, a Community grant agreement, a public procurement contract, Memoranda of Understanding and administrative arrangements in compliance with the procedures laid down in Regulation (EC, Euratom) No 1605/2002.
In addition, account should be taken of the conclusions of the Agriculture and Fisheries Council of 19 July 2004 on Fisheries Partnership Agreements.
It is necessary to clearly define the objectives, areas of action and expected results for Community funding.
It is necessary to provide for rules governing the eligibility of expenditure, the level of the Community financial contribution and the terms on which it should be made available.
It is of common interest that Member States are equipped in such a way that controls are carried out to a high standard. In order to ensure that Member States accomplish their obligation under the CFP rules, the Community should support the Member States in their investments in the control area.
It is necessary to ensure the availability of the financial means needed for the Commission to monitor the implementation of the CFP.
The Community should also make a contribution to the budget of the Community Fisheries Control Agency for the implementation of the annual work plan of the Agency, including for equipment and running costs and for expenditure necessary to carry out its duties.
Fisheries management depends on the availability of data concerning the biological state of fish stocks and the activity of fishing fleets. The collection of data carried out by the Member States which is needed to conduct the CFP, and additional studies and pilot projects carried out by the Commission, should be supported by Community financial contributions.
Financial resources should be made available to obtain scientific advice on a regular basis from the international scientific organisations responsible for coordinating fisheries investigations in waters where Community fleets operate.
The reform of the CFP has resulted in new demands for scientific advice, in particular concerning the adoption of an ecosystem approach and the management of mixed fisheries. Financial compensation should be made available to allow the recognised experts in those fields or the institutions for which they work to meet those additional demands.
With a view to promoting dialogue and communication with the fisheries sector and other interest groups, it is important to ensure that the industry and other stakeholders are informed at a very early stage of the initiatives planned and that the objectives of the CFP and measures relating to it are clearly presented and explained.
In view of the tasks of the Advisory Committee on Fisheries and Aquaculture (ACFA), which was renewed under Commission Decision 1999/478/EC(5), the European professional organisations represented in ACFA should be given financial support to prepare the meetings of ACFA in order to improve the coordination of national organisations at European level and ensure greater industry cohesion on topics of Community interest.
In order to improve governance within the CFP and in order to ensure the effective establishment of Regional Advisory Councils (RACs) pursuant to Council Decision 2004/585/EC(6), it is essential for RACs to be supported financially during their start-up phase and for a contribution to be made to their interpreting and translation costs.
In order to ensure coordination of the work of the RACs with that of ACFA, it is necessary to facilitate the participation of a representative of ACFA in the meetings of the RACs.
To achieve the objectives of the CFP, the Community plays an active role in the work of international organisations and concludes fisheries agreements, including partnership agreements in the fisheries sector.
It is essential for the Community to contribute to the funding of measures designed to ensure long-term conservation and sustainable exploitation of fisheries resources on the high seas and in third country waters.
Expenditure associated with the preparation, follow-up, monitoring, audit and evaluation activities necessary for the implementation and the assessment of the measures within the scope of this Regulation and the achievement of its objectives should be covered under technical assistance financial measures.
It is necessary to establish procedures in respect of the contents of Community and national programmes for the different measures under the relevant areas of the CFP.
It is appropriate to establish the rates of the financial contribution of the Community to the expenditure of the Member States.
A financial framework should be established for the period 2007 to 2013 in conformity with the Communication from the Commission to the Council and the European Parliament entitled ‘Building our Common Future — Policy Challenges and Budgetary Means of the Enlarged Union 2007 to 2013’.
In relation to the actions financed under this Regulation, it is necessary to ensure the protection of Community financial interests by the proper application of the legislation pertaining to the protection of those interests, and to ensure that appropriate checks are carried out by Member States and by the Commission.
To ensure the effectiveness of Community financing, actions funded under this Regulation should be regularly evaluated.
The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(7).
Council Regulation (EC) No 657/2000 of 27 March 2000 on closer dialogue with the fishing sector and groups affected by the common fisheries policy(8), Council Decision 2000/439/EC of 29 June 2000 on a financial contribution from the Community towards the expenditure incurred by Member States in collecting data, and for financing studies and pilot projects for carrying out the common fisheries policy(9) and Council Decision 2004/465/EC of 29 April 2004 on a Community financial contribution towards Member States’ fisheries control programmes(10) should be repealed with effect from 1 January 2007,
HAS ADOPTED THIS REGULATION:
CHAPTER I SUBJECT-MATTER AND SCOPE
This Regulation establishes the framework for Community financial measures for the implementation of the common fisheries policy (the CFP) and the Law of the Sea (hereinafter referred to as Community financial measures).
This Regulation shall apply to Community financial measures in the following areas:
control and enforcement of CFP rules;
conservation measures, data collection and improvement of scientific advice concerning the sustainable management of fisheries resources within the scope of the CFP;
governance of the CFP;
international relations in the area of the CFP and the Law of the Sea.
Article 1 Subject-matter
This Regulation establishes the framework for Community financial measures for the implementation of the common fisheries policy (the CFP) and the Law of the Sea (hereinafter referred to as Community financial measures).
Article 2 Scope
This Regulation shall apply to Community financial measures in the following areas:
control and enforcement of CFP rules;
conservation measures, data collection and improvement of scientific advice concerning the sustainable management of fisheries resources within the scope of the CFP;
governance of the CFP;
international relations in the area of the CFP and the Law of the Sea.
CHAPTER II OBJECTIVES
The Community financial measures referred to in Chapter III shall specifically contribute towards the following general objectives:
improving the administrative capacity and the means for control and enforcement of CFP rules;
improving the collection of data necessary for the CFP;
improving the quality of scientific advice for the purposes of the CFP;
improving the technical assistance supporting the management of the Community fishing fleet for the purposes of the CFP;
improving the involvement of the fisheries sector and other interest groups in the CFP and promoting dialogue and communication between them and the Commission;
implementing measures relating to Fisheries Partnership Agreements and other bilateral or multilateral agreements for the purposes of the CFP, and in particular towards ensuring the sustainability of fisheries resources in third country waters and on the high seas;
implementing measures relating to the Law of the Sea.
Community financial measures referred to in Article 8 shall contribute to the objective of improving the control of fishing activities in order to ensure effective implementation of the CFP within and outside Community waters by financing the following actions:
actions taken by Member States to enhance capacity or reduce identified weaknesses in their fisheries control activities;
evaluation and control by Commission services of the application of the rules of the CFP by the Member States;
coordinating control measures, in particular through plans for the joint deployment of national inspection and surveillance units by way of the Community Fisheries Control Agency (CFCA).
Community financial measures referred to in Articles 9, 10 and 11 shall contribute to the objective of improving the collection and management of the data and scientific advice required to assess the state of the resources, the level of fishing and the impact that fisheries have on the resources and the marine eco-system and the performance of the fishing industry, within and outside Community waters, by providing financial support to the Member States to establish multi-annual aggregated and science based datasets which incorporate biological, technical, environmental and economic information.
Community financial measures referred to in Article 12 shall contribute to the objective of involving stakeholders at all stages of the CFP, from conception to implementation, and of informing them about the objectives of, and measures relating to, the CFP, including, where appropriate, their social economic impact.
In the area of the negotiation and conclusion of fisheries agreements, including fisheries partnership agreements Community financial measures referred to in Article 13 shall contribute to the following objectives:
safeguarding employment in the regions of the Community dependent on fishing;
securing the continued existence and competitiveness of the Community’s fisheries sector;
developing, through partnership, the fisheries resource management and control capacities of third countries to ensure sustainable fishing and promoting the economic development of the fisheries sector in those countries by improving the scientific and technical evaluation of the fisheries concerned, monitoring and control of fishing activities, health conditions and the business environment in the sector;
ensuring adequate supply for the Community market.
In the area of the Community’s involvement in regional and international organisations, Community financial measures referred to in Article 13 shall contribute to the conservation and sustainable exploitation of fishery resources at international level by adopting appropriate management measures for these resources.