Key Benefits:
Minister of Ecology, Sustainable Development and Energy,
Having regard to Council Regulation (EC) No. 850/98 of 30 March 1998 on the conservation of fishing resources through technical measures to protect juveniles from marine organisms;
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 Council Regulation (EC) No. 1342/2008 of 18 December 2008 establishing a long-term plan for cod stocks and fisheries operating these stocks and repealing Regulation (EC) No. 423/2004;
Having regard to Council Regulation (EU) No. 43/2012 of 17 January 2012 establishing, for 2012, the possibilities for fishing EU vessels for certain stocks or groups of fish stocks not subject to international negotiations or agreements;
Considering Council Regulation (EU) No. 44/2012 of 17 January 2012 establishing, for 2012, the possibilities for fishing in EU waters and, for EU vessels, in certain waters not belonging to the EU with respect to certain stocks or groups of fish stocks under international negotiations or agreements;
Having regard to the operational programme France 2007-2013 of the European Fisheries Fund, ITC: 2007 FR 14 F PO 001 modified;
Considering the general plan of adjustment of the fishing effort,
Stop it!
The purpose of this Order is to stop fishing activity, all species, under the conditions defined in the following articles.
The benefit of a temporary stop-of-activity assistance for vessels fishing the Cabillaud is open for all metropolitan departments, pursuant to Article 24 (1, i) of Regulation (EC) No 1198/2006 of the Council of 27 July 2006 concerning the European Fisheries Fund.
The eligibility period for this measure is between June 4 and December 31, 2012, or between June 4, 2012 and the date of notice of closure of the capillaud's catch quota or fishing effort in the CIEM II subzones, CIEM IV abc and CIEM VII d, if this date is earlier than December 31, 2012.
The beneficiaries of this assistance are the professional fishing companies (owners or charterers according to the charter contract) as well as their crews that are holders of a PPS zone cabillaud mer du Nord-Manche Est and present an economic dependence on the fishing of this species in the subzones CIEM II a, CIEM IV abc and CIEM VII d.
The following eligibility criteria must be met:
- active ship in the community fishing fleet file;
- a vessel holding, at the time of application, a cod PPS pursuant to the above-mentioned Order of May 6, 2009, authorizing them to fish this species in the CIEM II subzones, CIEM IV abc and CIEM VII d;
- vessel meeting one of the following 4 conditions:
- a ship whose share of cod in the captures made in the years 2010 to 2012 is greater than 5% of the volume landed on average or in any of the years considered; or
- a ship whose average annual toning of codhead landing in 2010 and 2011 is greater than or equal to 4.5 tonnes; or
- a vessel whose share of the target species referred to in Schedule 1 to Regulation (EC) 850/98 (with the exception of the reference to "All other marine organisms") of the Council of March 30, 1998 referred to above, in the CIEM II subzones, CIEM IV abc and CIEM VII d, in the years 2010 to 2011 is more than 70% of the volume disembarked on average or on any of the years considered or
- a vessel whose average annual tonnage of target species referred to in Schedule 1 to Regulation (EC) 850/98 (with the exception of the reference to "All other marine organisms") of the Council of 30 March 1998 referred to above, in the sub-zones CIEM II a, CIEM IV abc and CIEM VII d, landed in 2010 and 2011 is greater than or equal to 55 tonnes";
a vessel that had a fishing activity in 2012;
- a vessel having had a fishing activity, with an equipment referred to in Council Regulation (EC) No. 1342/2008 of 18 December 2008 referred to above, at least forty days of sea in the CIEM II subzones, CIEM IV abc and CIEM VII d during the months of May to December during at least one of the years 2010 or 2011;
– a ship that began its activity before February 1, 2009 or a ship by replacing another as defined in section 15;
- ship up to date of its reporting obligations;
― ship acceding to an organization of producers or non-adherents to an organization of producers emanating from a sub-quota of capillaud capture or fishing effort for sub-zones CIEM II a, CIEM IV abc and CIEM VII not exhausted.
The criteria for sea days and toning landed will be appreciated with respect to the logs communicated to the administration.
Employee sailors must be bound by a contract of maritime engagement and be registered on the crew role.
The maximum number of mariners who are likely to be compensated is the highest number of mariners enrolled in the crew role of the vessel being temporarily stopped between June 4 and December 31, 2012. May also be taken into account the owner of the aid vessel when on board.
During the stop period, the "cod" PPS and the vessel's community fishing licence are suspended. No marine fishing activity can be performed. Ships must remain moored at their post, if any travel, for activities 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 relating to the above-mentioned European Fisheries Fund, the recurring seasonal stops of fishing activities, including those required by the usual maintenance operations, cannot be compensated under this Order.
The total stopping time to be achieved is five days minimum and can extend up to fifteen days maximum.
Arrest periods may be split into several subperiods whose duration may not be less than five consecutive days.
Payment is proportional to the actual stopping period.
Compensation periods consume the fishing effort in the same way as if it were periods of activity of the vessel. The sum of the fishing effort consumed by the activity of the ships, on the one hand, and by the days of compensation, on the other hand, cannot exceed the maximum fishing effort authorized for the year by producer organization or for all non-member vessels to a producer organization. As a result, the periods of stoppage of activity after the notice of closure of the national quota of capture of the cod or of the fishing effort in the CIEM II subzones, CIEM IV abc and CIEM VII d, or after the exhaustion of the sub-quota of capture of cod or fishing effort for the CIEM II sub-zones, CIEM II has, CIEM II
On Saturdays, Sundays and public holidays are not counted for the definition of stopping periods, for the calculation of fishing effort consumption, or for the calculation of the amount of aid awarded.
In order to respond to market consequences due to the implementation of temporary stops throughout a fishery, compensation for temporary stops is conditioned on the completion of a collective decision management plan to:
― allow for the maintenance of a supply of the swallow companies (branding and processing) over the entire reporting period;
― ensuring a calibration of the capture reports on other fisheries.
The collective plan consists, for a given port or fleet, of ensuring the following conditions:
―Mareyage is not heavily dependent on these contributions to the given period if many vessels are required to stop at the same time;
– Resuming activity does not result in an excess offer.
This collective plan is prepared jointly, on the one hand, either by producer organizations or by the regional committee on marine fisheries and marine livestock, which set a bearing of arms, and, on the other, by the local union of fishers. This collective plan is forwarded to the competent DIRM or the local representative, who are informed of the decisions made.
The grant of aid is subject to the existence of this collective plan.
The non-transmission or non-compliance of the collective plan results in the absence of assistance.
Requests for assistance must be filed with the competent interregional sea direction (DIRM), or with the service the local representative, four days before the vessel's temporary stop period begins.
The applicant specifies at the time of filing his aid application file the number of total stopping days that he undertakes to carry out, as well as the periods of arrest and activity that he intends to perform.
The total duration of the effective stop can in no case be greater than the advertised period.
These indications are forecast and may be adjusted during the period, subject to prior notification to the DRM, or to service the local representative, at least four days before the date change.
Payment applications must be filed with the interregional sea management, or with the local representative service; they are admissible until 3 February 2013.
The temporary stopping of the fishery results in economic losses, noted "Pe".
Pe = (T × F × M)
(T × F × M)
Pe =
147
With F: average turnover of all-species ship, all areas combined between June 4 and December 31 in 2010 and 2011.
For vessels replacing another, F is calculated in accordance with the terms defined in Article 15.
With T: rate to be applied to defalcate variable expenses not borne by the recipients during a stop to fishing activities:
T = 60% for trawlers and dredgers as on average fuel loads, and gears represent 40% of turnover;
T = 75% for other vessels because, on average, fuel charges and gear account for 25% of the turnover.
With 147: average days off Saturdays, Sundays and holidays, between June 4 and December 31 in 2010 and 2011.
With M: number of days of the stopping period that the vessel is performing.
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 share of the weapon is equal to (Pe/2) × 0.80.
The crew's share is equal to (Pe/2) × C × 0.80 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 the vessel makes.
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 undertaking, however taking into account the following restrictions:
- the allowance is not cumulative with compensation for sickness or injury to work, technical or weather unemployment benefits, supplementary income 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;
– the social contributions of wages and employers are due during this period of stopping the fishing activity.
Under section 27 of the above-mentioned Regulation (EC) No. 1198/2006, a bonus of the daily allowance is granted during the period of temporary arrest to sailors choosing to receive continuous training on the following topics:
- common policy of fishing;
― valorization of products, from production to marketing (hygiene, signs of quality...) ;
security;
– device for helping to create businesses;
- fishing techniques.
This bonus is 20 euros per day of arrest and can only be paid upon presentation of a certificate of training issued by a registered structure or certified by the State for its training, supervision of the profession or research.
Applicants must meet the following conditions:
- to provide a training certificate covering one of the above-mentioned topics;
– having attended a minimum of five days training.
In any event, the daily allowance for each mariner due to the temporary stop cannot be increased by more than 20% thanks to the training bonus.
The share allocated to the mariner is considered a bonus for the financing and effective implementation of training. It is not counted as a whole in aid received by weapons.
Eligibility criteria and economic loss are assessed on the basis of the vessel's data independently of the evolution of its property since February 1, 2009.
However, the shipowners who have replaced their ship by another ship since that date may request that the anteriorities of the replaced ship be taken into account provided that the new ship's ship's ship's ship's ship's ship' ship's new ship's ship' ship's ship' ship's ship's ship is not seeking temporary help for that ship.
The applicant will then forward to the instructor service of his application the act of the francization of the replaced vessel and the written agreement of his current shipowner.
Both vessels are then considered to be one for assessing eligibility and calculating economic loss. Only then are taken into account the periods during which these vessels were the ownership of the aid recipient.
In all cases, only vessels entering the fleet can be taken into account before June 3, 2012.
Applicants must demonstrate the accuracy of their statements in terms of revenue in the form of certified accounting documents either by an accounting expert or by an authorized management centre or by an auditor.
For cases of force majeure, which are documented by the beneficiaries, the eligibility and calculation of the economic loss of the vessels concerned will be reviewed on a case-by-case basis by the Director of Maritime Fisheries and Aquaculture, on a substantiated proposal by the competent Interregional Director of the Sea.
In any case, and with respect to the calculation of economic loss, only cases of force majeure that involved a forced interruption of activity of at least 73 working days in full during one of the periods, 4 June-31 December 2010 or 4 June-31 December 2011.
If the force majeure case was to be retained under the conditions set out above, the entire period 4 June-31 December of the year concerned will be neutralized for the calculation of economic loss.
With respect to eligibility criteria, it will be extrapolated to assess the effective impact of the vessel's forced stop of activity on the vessel's eligibility for temporary arrest. The calculation must unambiguously demonstrate that in the absence of the occurrence of force majeure, the vessel would have been eligible for assistance.
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 11 June 2012.
For the Minister and by delegation:
Deputy Director of Maritime Fisheries
and Aquaculture,
C. Bigot
