The Fishing Vessels (Decommissioning) Scheme 1996

Explanatory Note

(This note is not part of the Scheme)

This Scheme provides for the making of grants by the Minister of Agriculture, Fisheries and Food and the Secretaries of State respectively concerned with the sea fish industry in Scotland, Wales and Northern Ireland, in respect of the decommissioning of vessels registered in the United Kingdom.

Applications for grant will be considered in respect of vessels meeting the requirements set out in paragraph 3 of the Scheme.

Paragraphs 4 to 6 of the Scheme lay down a procedure for the making and approval of applications. Applications must be in respect of one vessel only and include a bid by the applicant for the amount of grant for which he offers to decommission and de-register the vessel and surrender all licences and claims to licences in respect of the vessel. Bids will be selected for approval in accordance with paragraph 5.

The Ministers are empowered from time to time to determine a date (described in the Scheme as the appropriate decommissioning date) before which, in order for grant to be payable, the applicant must provide proof that decommissioning, deregistration and surrender of licences and claims to licences have taken place (paragraph 7); and there are requirements concerning decommissioning (which must involve permanently breaking up the vessel or otherwise permanently disabling it—but not by scuttling—so that it is incapable of use for any seagoing purpose or permanently placing the vessel with a museum), deregistration and surrender of licences and claims to licences (paragraphs 8 and 9). In the event of substantial damage or destruction of the vessel the applicant is required to provide the Ministers with certain information (paragraph 10).

The amount of grant in respect of an approved application is the amount of the bid (paragraph 11) and provision is made concerning the method of payment of grant (paragraph 12). Ministers may require a person whose application is approved to provide, or arrange for the provision of, undertakings (paragraph 13).

Applicants are required, on request, to give assistance to authorised officers of the Ministers, who are given powers of entry and inspection for specified purposes (paragraphs 14 to 16), and provision is made for the reduction, withholding and recovery of grant in certain circumstances (paragraph 17).

Section 17 of the Fisheries Act 1981 creates offences in respect of the production of false statements or documents in purported compliance with any requirement imposed by the Scheme and wilful refusal to supply information, make returns or produce documents when required to do by or under the Scheme.

This Scheme is made by virtue of Article 8 of Council Regulation (EC) No. 3699/93 laying down the criteria and arrangements regarding Community structural assistance in the fisheries and aquaculture sector and the processing and marketing of its products (O.J. No. L346, 31.12.93, p.1), as amended by Council Regulation (EC) No. 2719/95 (O.J. No. L283, 25.11.95, p.3) and as read with—

(a) Council Decision 94/15/EC relating to the objectives and detailed rules for restructuring the Community fisheries sector over the period 1st January 1994 to 31st December 1996 with a view to achieving a lasting balance between the resources and their exploitation (O.J. No. L10, 14.1.94, p.20), and

(b) Commission Decision 92/593/EEC on a multiannual guidance programme for the fishing fleet of United Kingdom for the period 1993 to 1996 (O.J. No. L401, 31.12.92, p.33).