Key Benefits:
Minister of Agriculture, Food, Fisheries, Rural and Land Management,
Having regard to Council Regulation (EC) No. 2371/2002 of 20 December 2002 on the conservation and sustainable use of fisheries resources as part of the common fisheries policy;
Considering Council Regulation (EC) No. 1198/2006 of 27 July 2006 on the European Fisheries Fund;
Having regard to Commission Regulation (EC) No 498/2007 of 26 March 2007 concerning the execution of Council Regulation (EC) No 1198/2006 on the European Fund for Fisheries;
Having regard to the operational programme France 2007-2013 of the European Fisheries Fund, ITC: 2007 FR 14 F PO 001 modified;
In view of the decree of 15 September 1993 establishing a common regime of licences for fishing, estuaries and the fishery of migratory fish;
In view of the decision of 8 April 2010 on the implementation of the temporary stop in the activity of civelle fishing in Vendée and Charente-Maritime from 1 March to 30 April 2010 following the storm Xynthia;
Having regard to the decision of 12 November 2010 defining, distributing and managing the eel quota of less than 12 cm for the 2010-2011 fishing campaign;
In view of deliberation No. 75/2010 of 4 November 2010 of the CNPMEM approved by ministerial decree of 26 November 2010 concerning the quota of licences and access rights to the basins for the fishery in estuaries and the fishery of amphihalin for the year 2011,
Stop it!
The purpose of this Order is to stop fishing activity, all species, under the conditions defined in the following articles.
Assistance to the temporary stopover of activity for vessels fishing the civelle is open, pursuant to Article 24.1 (vii) of Regulation (EC) No 1198/2006 of 27 July 2006 relating to the European Fisheries Fund.
The period of eligibility for this measure is between 1 and 21 February 2011 inclusive.
The beneficiaries of this assistance are the professional fishing companies (owners or charterers according to the charter contract) as well as their crews, which are holders of a CMEA licence (Commission of the Estuarian Environment and Amphihalins) and a "Civil Stamp", pursuant to deliberation n° 75/2010 of 4 November 2010 of the aforementioned CNPMEM authorizing them to fish this species.
The following eligibility criteria must be met:
- active ship in the community fishing fleet file;
―having had a civella fishing activity in 2008 or 2009 or 2010 and during the 2010-2011 fishing season (active crew and catch declarations) before January 28, 2011;
– having met their reporting obligations in 2008, 2009, 2010 and 2011;
―to be holder of a CMEA licence (Estuarian Environment and Amphihalin Commission) and a "Civil Stamp", pursuant to the above-mentioned deliberation No. 75/2010 of November 4, 2010 of the CNPM to allow them to fish this species in estuaries.
For vessels that entered the fleet in 2009, 2010 or 2011, which are unable to report anteriority, are eligible:
― new entrants replacing a vessel meeting the conditions defined above;
– vessels that began their operations in 2009, 2010 or 2011 and met the conditions set out above.
In all cases, only vessels entering the fleet can be taken into account before January 28, 2011.
Recipients, ships, armaments, crew members, must not have benefited from a period of stop-of-fishing activity indemnified, equal to or greater than six months, as part of the April 8, 2010 decision on the implementation of the temporary stop-of-fishing activity in Vendée and Charente-Maritime from March 1 to April 30, 2010 following the Xynthia storm.
To be taken into account in the calculation of the assistance as defined in the following articles, salaried sailors must be bound by a contract of maritime engagement and be registered on the crew's role before January 28, 2011 and during the vessel's stopping period.
Can also be taken into account the landlords on their aid-giving vessel.
Requests for assistance must be filed with the competent sea interregional management or with the service local representative prior to the commencement of the vessel's temporary stop period.
The applicant specifies, at the time of filing of its application file, the arrest periods that it intends to complete.
Payment application files are admissible until March 31, 2011.
During the stopping period, the vessel's CMEA licence was suspended. No marine fishing activity can be performed. Ships will have to remain moored at their post, any movement for activity other than fishing to be expressly authorized by the administration.
In accordance with the provisions of Article 24-3 of Council Regulation (EC) No 1198/2006 of 27 July 2006 referred to above relating to the European Fisheries Fund, the recurring seasonal stops of fishing activities, including those made necessary by the usual maintenance operations, cannot be taken into account for the award of compensation or payments.
In the event that a vessel is placed in a collective role, the obligations of this section apply to all vessels of that role.
The compensable period is seven consecutive, non-separable days, with the following periods:
- from 1 to 7 February inclusive;
- 8 to 14 February inclusive;
February 15 to 21 inclusive.
No lower-term stoppage or not meeting the above-mentioned periods may be compensated.
The temporary stopping of the fishery results in economic losses, noted "Pe", calculated as follows:
Pe = Cmax × 400 × 0.80
With Cmax = best tonnage obtained over a period of seven consecutive days in February 2008, February 2009 or February 2010, caps 20 kg for vessels with no onboard cargo and 23 kg for vessels with an onboard strength equal to or greater than 2 (including passenger);
With 400: price of flat purchase (in euros) to the producer of the kilo of civelles;
With 0.80: rate to be applied to defalcate variable expenses not supported by the beneficiaries during a stopover from fishing activities.
For vessels to replace a vessel meeting the conditions set out in section 4:
– the applicant will forward to the instructor service of his application the act of the vessel being replaced;
― the new vessel will be able to receive assistance if, and only if, the ship's ship's ship's ship's ship's ship's ship's ship's ship's ship's ship's ship's ship's ship's ship's ship's ship's ship's ship's ship's ship's ship's ship's ship's ship's ship's ship is not seeking help;
―the amount of aid is then calculated taking into account the anteriorities of the replaced vessel.
In the case of vessels receiving assistance under a fleet exit plan:
―if the recipient of temporary stop assistance is the owner of the vessel: no stop can be compensated beyond the date of administrative decision to assist the outflow of the fleet;
―if the recipient of temporary stop assistance is the operator of the vessel as part of a charter contract: no stop can be compensated beyond the expected date of end of charter in the charter contract.
Assistance to armaments, in return for fishing activity days, shall consist of the sum of the share of the armament defined in Article 11 and of the portion of the crew defined in Article 12.
The part of the weapon is equal to Pe/2.
The crew's share is equal to (Pe/2) × C, with:
C = factor of presence in the role = J/(M × E) ;
J = cumulative days of registration for the ship's crew role during the vessel's stopping period;
M = number of stopping days that the vessel performs = 7;
E = number of marine beneficiaries on the vessel as defined in Article 5.
The armament shall distribute the crew's share among its members, as defined in section 5, according to the internal uses of the company, but taking into account the following restrictions:
- the allowance is not cumulative with compensation for sickness or injury to work, technical or weather unemployment benefits, compensatory retirement allowances early termination benefits or with income from another employment;
- a sailor can only claim compensation for boarding on a single ship for the same compensation measure;
― no sailor will be eligible for compensation when the vessel is not temporarily stopped.
Social and employers' contributions are due during this period of cessation of fishing activity.
In the event of a vessel being stopped in a collective role, all vessels of that role must cease all fishing activities in accordance with the provisions of Article 7. However, compensation can only be claimed for one of these vessels, the economic loss is calculated, in accordance with the terms set out in sections 8 and 9, on the basis of the elements of that vessel only.
For force majeure cases with documentary evidence provided by the recipients, the eligibility and calculation of the economic loss of the affected vessels will be reviewed on a case-by-case basis by the Director of Maritime Fisheries and Aquaculture.
The Director of Maritime Fisheries and Aquaculture, the interregional directors of the sea and the departmental directors of the territories and the sea are responsible, each with regard to it, for the execution of this Order, which will be published in the Official Journal of the French Republic.
Done on 31 January 2011.
For the Minister and by delegation:
The Director of Maritime Fisheries
and Aquaculture,
P. Mauguin
