2170Th Council Meeting

C/99/89

Brussels, le 30 March 1999

6969/99 (Presse 89)

2170th Council meeting

- FISHERIES -

Brussels, le 30 March 1999

President: M. Karl-Heinz FUNKE

Minister for Food, Agriculture and Forestry of the Federal Republic of Germany

CONTENTS

PARTICIPANTS

ITEMS DEBATED

In the case of legislative acts, votes against or abstentions are indicated. Decisions containing statements which the Council has decided to release to the public are indicated by asterisk; the statements in question may be obtained from the Press Office.

For further information call 288.60.83 - 285.81.11

PARTICIPANTS

The Governments of the Member States and the European Commission were represented as follows:

Belgium:
Mr Karel PINXTEN / Minister for Agriculture and Small and Medium-Sized Business
Denmark:
Mr Henrik DAM KRISTENSEN / Minister for Food, Agriculture and Fisheries
Germany:
Mr Karl-Heinz FUNKE / Federal Minister for Food, Agriculture and Forestry
Greece:
Mr Konstantinos VRETTOS / State Secretary for Agriculture
Spain:
Mr Samuel JUAREZ / Secretary-General for Maritime Fisheries, Ministry of Agriculture, Fisheries and Food
France:
Mr Jean GLAVANY / Minister for Agriculture and Fisheries
Ireland:
Mr Michael WOODS / Minister for the Marine and Natural Resources
Italy:
Mr Paolo De CASTRO / Minister for Agriculture Policy
Luxembourg:
Mr Marc UNGEHEUER / Deputy Permanent Representative
Netherlands:
Ms Geke FABER / State Secretary for Agriculture, Nature Management and Fisheries
Austria:
Mr Walter TAUSCH / Director-General,Federal Ministry of Agriculture and Forestry
Portugal:
Mr José APOLINÁRIO / State Secretary for Fisheries
Finland:
Mr Kalevi HEMILÄ / Minister for Agriculture and Forestry
Sweden:
Mrs Margareta WINBERG
Mr Per-Göran ÖJEHEIM / Minister for Agriculture, Food and Fishery
State Secretary, Ministry for Agriculture, Food and Fishery
United-Kingdom:
Mr Elliot MORLEY
Lord SEWEL / Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food (Fisheries and the Countryside)
Parliamentary Under Secretary of State, Scottish Office
(Minister for Agriculture, Environment and Fisheries)
Commission:
Ms Emma BONINO / Member

REGULATION ON THE ADMINISTRATION OF AUTONOMOUS COMMUNITY TARIFF QUOTAS FOR CERTAIN FISHERIES PRODUCTS *

The Council adopted by qualified majority, with the Irish and the Italian delegations voting against, a Regulation concerning opening and providing for the administration of autonomous Community tariff quotas for certain fisheries products for the year 1999(quota period 1.4. - 31.12.1999).

These quotas are essentially imports of fish to meet the needs of the fish processing industry for species or semi-processed products where the Community supply is insufficient.

quantity in tonnes / duty rate (%)
a) Fresh, chilled or frozen cod / 67 000 / 3%
b) Frozen cod intended for salting or drying / 8 000 / 2.5%
c) Cod livers / 300 / 0%
d) Cod salted but not dried / 8 000 / 2.5%
e) Shrimps and prawns of the species Pandalus borealis, fresh, chilled or frozen / 12 000 / 0%
f) Surimi, frozen / 15 000 / 3.5%
g) Blue grenadier fillets, frozen / 20 000 / 3.5%
h) Tubes of squid, frozen / 11 000 / 3.5%
i) Squid, frozen whole, tentacles and fins / 500 / 3%
j) Herrings, including flaps, fresh, chilled or frozen
(quota period 1.11-31.12.99) / 20 000 / 0%
k) Tuna loins / 1 200 / 6%
l) Herring, spice/vinegar cured, in brine preserved in barrels for processing / 4 000 / 6%
m) Shrimps and prawns of the species Pandalus borealis, cooked and peeled / 4 000 / 6%

LIST OF TYPES OF BEHAVIOUR WHICH SERIOUSLY INFRINGE THE RULES OF THE COMMON FISHERIES POLICY

The Council took note of the presentation by Commissioner BONINO of the proposal for a regulation establishing a list of types behaviour which infringe the rules of the common fisheries policy.

The Council instructed the Permanent Representatives Committee to examine the proposal with due speed with a view to enabling the Council to act on it at the June Fisheries Council if the European Parliament has given its Opinion by that time.

It is recalled that the establishment of this list is provided for in the Fisheries Control Regulation 2847/93, recently modified by Council Regulation 2846/98. The Commission forwarded its proposal to the Council on 24 February 1999. It includes such infringements as:

-obstructing fisheries inspectors (both national and Community inspectors) in the conduct of their work;

-fishing without a licence, or an invalid or forged licence;

-not displaying the name, number or required markings on a fishing vessel;

-using banned fishing gear or fishing methods;

-fishing in unauthorised fishing zones or during unauthorised periods;

-non-compliance with technical conservation measures or rules governing trans-shipment and landing of fish;

-false entries in logbooks;

-interference in satellite tracking systems.

The proposal does not call for the harmonisation of sanctions at Community level. It does impose on Member States the obligation to inform the Commission of any action taken in cases of serious infringement, the objective being to increase transparency and to enable fishermen to make a quantitative and objective comparison of Member States' reactions to such infringements. It forms an integral part of the new Control Regulation, which is due to enter into force on 1 July 1999, and, as such, should also be adopted by the end of June 1999.

COMMON ORGANISATION OF THE MARKET IN FISHERY AND AQUACULTURE PRODUCTS

Delegations gave their initial reactions to the presentation by Commissioner BONINO of a proposal for a regulation on the common organisation of the market in fishery and aquaculture products.

The Council instructed the Permanent Representatives Committee to examine the proposal as quickly as possible with a view to enabling the Council to act on it at the earliest possible opportunity once the European Parliament has delivered its Opinion.

This proposal, forwarded to the Council on 17 February last, is intended to be the key element of the reform of the market for fisheries products. Its main aims are:

-to ensure that the rules governing the organisation of the market in fisheries products, including the intervention mechanisms, contribute positively to the sustainability of fishing practices (e.g. by avoiding all possible waste of fish);

-to strengthen the role and the responsibility of the producer organisations, imposing on them new obligations concerning the sound management of resources, which would be compensated with new but temporary aid to these organisations;

-to improve consumers' protection by introducing an identification scheme for the fishery product at every stage of the production and marketing chain;

-to contribute to market stability by encouraging planned supply under contract;

-to ensure that the market and the processing industry are supplied in conditions which enable them to be competitive at world level, through a better adjustment of the Community's external trade mechanisms.

DETAILED RULES AND ARRANGEMENTS REGARDING COMMUNITY STRUCTURAL ASSISTANCE IN THE FISHERIES SECTOR

The Council had a policy debate on the proposal for a Regulation laying down the detailed rules and arrangements regarding Community structural assistance in the fisheries sector.

With a view to preparing an overall agreement at the Fisheries Council next June, the Presidency had invited the Ministers to address the key issues of the proposal concerning:

-measures to be taken regarding renewal and modernisation of the fleet;

-financing of joint enterprises;

-socio-economic measures;

-provisions for coastal fisheries;

-setting-up aid to producer organisations.

At the end of the discussion, the Presidency summed up the debate in the following way:

We have agreed that structural measures for fisheries should support the development of the sector and contribute to improving competitiveness. A number of delegations have pointed out that such measures policy must also contribute to adapting fleet capacities to available resources.

Against this background, the great majority of delegations have expressed scepticism about the proposals which relate to the renewal and modernisation of fleets. They regard the proposed measures as too restrictive; some fear they would make modernisation of fleets more difficult, even impossible. Some other delegations support the Commission proposal or advocate tougher measures to reduce capacity.

The greatest measure of agreement is in the conviction that structural policy should not lead to a hardening of the Council Decision on the multiannual guidance programme.

In order to be able to have a result in June, I would ask the Commission to carefully examine the Member States' suggestions and then to incorporate the conclusions that can be drawn from them in its proposal as soon as possible.

Many Member States have spoken in favour of better supervision of the establishment and activities of joint enterprises and better monitoring of assistance, so as to take account of the European Court of Auditors' remarks on joint enterprises. Other delegations have stressed that for such undertakings to work successfully a certain degree of both public support and flexibility is required.

The proposed socioeconomic measures have met with substantive reservations on the part of some delegations. Some others believe however that such measures are necessary in order to cushion the effects of restructuring in this sector. There are also differing opinions on the concrete form such measures should take.

The Member States have with a large measure of agreement endorsed the Commission view that, because of its special conditions and situation, small-scale coastal fishing requires particular measures. Some delegations have advocated certain measures which go further than the proposal.

Finally, on the question of settingup aid to producer organisations, there are various opinions as to whether the structure Regulation is the appropriate framework for these measures. Some delegations point out that assistance for producer organisations under the fisheries-structure Regulation must be harmonised with that given through the market organisation for fishery products.

Today's discussion has shown that despite some agreement, there are also many differences of opinion. I call on all delegations and on the Commission to be flexible and willing to compromise is further discussions, to make it possible to reach a decision.

In the light of the summing up the Council invited the Permanent Representatives Committee to re-examine this dossier with a view to enabling the Council to reach a final decision at its session on 10 June 1999, provided the European Parliament has given its Opinion by that date.

other business

sandeels: possible conservation measures for the benefit of sea birds in the north sea

The United Kingdom Delegation recalled the undertaking given by the Commission at the Council session of 17/18 December 1998 to come forward, in the light of ICES advice, with a proposal on conservation measures for sandeels in the North Sea, for the benefit of sea birds, and stressed the importance of the Commission submitting a proposal to this effect as soon as possible. The Council heard the reactions of the Danish Delegation and the Commission in this connection.


TACs FOR BLUE WHITING, SPURDOG AND NORTHERN SHRIMP

Several Delegations recalled the commitment by the Commission, made at the Council session of 17/18 December 1998, to come forward with a proposal, on the basis of appropriate track records, for the allocation of the TAC for blue whiting and for new TACs and quotas for spurdog and Northern shrimp, and the undertaking by the Council to adopt such a proposal by 31 March 1999.

The Council took note of Commissioner BONINO's response to the effect i.a. that the Commission was still awaiting the required catch data from the Member States to enable it to table a proposal.

ITEM APPROVED WITHOUT DEBATE

EXTERNAL RELATIONS

EU Special envoy to Kosovo - Joint Action

The Council adopted a Joint Action concerning the mission of the EU Special Envoy for Kosovo, Wolfgang Petritsch.

This Joint Action states that the Special Envoy, appointed on 5October1998 to act on the spot for the EU under the direction of the Presidency and in close coordination with the EU Special Representative for the FRY, shall continue to play an important role to further EU policy in Kosovo. He will be guided by, and report under, the authority of the Presidency to the Council on a regular basis, and as the need arises. The Commission shall be fully associated.

To this effect, the Special Envoy will be provided with the human and logistical resources needed to carry out his functions.

In order to cover costs related to his mission (e.g. infrastructure and current expenditure of his office, including allowances and cost of support staff not covered by secondment), a sum of up to EUR510 000 will be charged to the EC budget.

This Joint Action will enter into force on the date of its adoption and will apply until 30 September 1999, unless renewed subject to a review including administrative and financial aspects.

Relations with CEECs

The Council adopted a Decision authorizing the Commission to open negotiations for additional mutual agricultural concessions in the framework of the Europe Agreements between the European Community and the associated Central and Eastern European Countries.

Relations with Cyprus and Malta

The Council adopted two Decisions concerning the conclusion of protocols on the extension of the period during which the funds laid down in the 4th Protocols on financial and technical cooperation between the European Community and the Republic of Cyprus and the Republic of Malta respectively may be committed.

Relations with Kazakhstan

The Council adopted, for its part, the Council and Commission[1] Decision on the conclusion of the Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and the Republic of Kazakhstan, of the other part.

Relations with Kyrgyzstan

The Council adopted, for its part, the Council and Commission Decision[2] on the conclusion of the Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and the Kyrgyz Republic, of the other part.

Accession of Estonia to the World Trade Organization (WTO)

The Council and the Representatives of the Governments of the Member States, meeting within the Council, gave their agreement to the accession of Estonia to the WTO. This joint position is being submitted by the Commission to the WTO on behalf of the Community and its Member States.

ECSC - steel products

Poland

The Council

-approved, on behalf of the Community, a draft Decision of the EU-Poland Association Council, to be adopted by written procedure,concerning the establishment of a double-checking system, without quantitative restrictions, for exports of certain ECSC steel products from Poland to the Community, for the period 1 April to 31 December1999;

-adopted a Community Regulation, the purpose of which is to implement the above mentioned the Decision of the EU-Republic of Poland Association Council on the establishment of a double-checking system for exports of ECSC steel products from Poland.

TRADE POLICY

Norway - imports of farmed Atlantic salmon

The Council adopted a Regulation imposing definitive anti-dumping and countervailing duties on imports of farmed Atlantic salmon originating in Norway and repealing Regulations (EC) n°1890/97 and (EC) n°1891/97.

The rate of the countervailing duty applicable to the net freeatCommunityfrontier prices, before duty shall be 3,8%.

The rate of the antidumping duty applicable to the net freeatCommunityfrontier price, before duty, shall be EUR0,32 per kilogram net product weight. However, if the freeatCommunityfrontier price, including the countervailing and antidumping duties, is less than the relevant minimum price, the antidumping duty to be collected shall be the difference between that minimum price and the freeatCommunityfrontier price, including the countervailing duty.

For the purpose of applying the countervailing duties, minimum prices shall apply per kilogram net product weight.

The countervailing duties shall not apply to imports of farmed Atlantic salmon exported by the companies listed in Annex to the Regulation. These duties shall not apply either to wild Atlantic salmon.

Russia and China - imports of calcium metal

The Council adopted a Regulation imposing a definitive anti-dumping duty on imports of calcium metal originating in Russia and the People's Republic of China and amending Regulation (EC) N°2557/94.

The amended regulation introduces reduced rates of anti-dumping duty following the completion of the interim review of this case by the Commission.

The new rate of duty applicable is EUR 1863 per tonne for imports originating in Russia and EUR1876 per tonne for imports originating in the People's Republic of China.

In instances where the customs value is reduced pursuant to the second paragraph of Article145 of Commission Regulation (EEC) No2454/93(1), the rate of the specific duty applicable, shall be reduced pro rata.

ECOFIN

Excise duties

The Council adopted a Decision

-authorising the French Republic to apply or to continue to apply reductions in, or exemptions from, excise duties on certain mineral oils used for specific purposes, in accordance with the procedure provided for in Article8(4) of Directive92/81/EEC.

In accordance with Article8(4) of Directive92/81/EEC, the French Republic is authorised to apply a differentiated rate of excise duty on a new fuel composed of a waterandantifreeze/diesel emulsion stabilised by surfactants from 1 January1999 until 31December1999.

-authorising - from 1.1.1999 to 31.12.1999 - in accordance with Directive92/81/EEC, certain Member States to apply and to continue to apply to certain mineral oils, reduced rates of excise duty or exemptions from excise duty, and amending Decision 97/425/EC.

France:

-for consumption on the island of Corsica, provided that the reduced rates at all times respect the minimum rates of duty on mineral oils as provided for under Community law,

-for a differentiated diesel rate for commercial vehicles provided that the rate of duty respects the minimum rate provided for under Community law,

-for an exemption for heavy fuel oil used as fuel for the production of alumina in the region of Gardanne.

Italy:

-for a reduction in excise duty on petrol consumed on the territory of FriuliVeneziaGiulia, provided that the rate of duty respects the minimum rate provided for under Community law,

-for a reduction in the rate of duty for mineral oils consumed in the regions of Udine and Trieste, provided that the reduced rates at all times respect the minimum rates of duty on mineral oils as provided for under Community law,

-for an exemption from excise duty on mineral oils used as fuel for alumina production in Sardinia,

-for a reduction in the excise duty on fuel oil for the production of steam, and for gas oil used in ovens, for drying and "activating" molecular sieves in ReggioCalabria, provided that the rate of duty respects the minimum rate provided for under Community law.