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,
Whereas:
(1)
On 26 December 2004, a strong tsunami in the Indian Ocean struck a number of third countries, ravaging their coasts and their industries and causing heavy loss of life. Many fishing vessels were wrecked at sea or destroyed in port.
(2)
Within the framework of the common fisheries policy, fishing vessels can be withdrawn from the Community fishing fleet with public aid only if they are scrapped or reassigned for non-profitable purposes other than fishing.
(3)
It is appropriate to extend the possibility of withdrawal of fishing vessels from the Community fishing fleet with public aid to vessels which are transferred to the countries affected by the tsunami for the benefit of the fishing communities concerned.
(4)
This would help those communities to rebuild their fishing fleets swiftly, taking into account local needs as recorded by the Food and Agriculture Organisation of the United Nations.
(5)
To meet the needs of those communities, only vessels which are fully seaworthy, suitable for fishing activity and of an overall length of less than 12 metres should be eligible for the measures provided for by this Regulation.
(6)
It is appropriate to provide for the grant of an additional premium to cover the expenses incurred by public or private organisations for the transport of the vessels to the third countries and to compensate owners for equipping their vessels and making them fully seaworthy.
(7)
A procedure for the transfer of vessels should be set up.
(8)
Reports on steps taken under this Regulation should be submitted by the Member States and by the Commission in order to guarantee transparency of the Financial Instrument for Fisheries Guidance (FIFG) pursuant to Council Regulation (EC) No 1260/1999 of 21 June 1999 laying down general provisions on the Structural Funds.
(9)
It is particularly useful to assess the transfers to ensure that the measures are implemented to the benefit of the fishing communities concerned, to ensure consistency with the general principles of the common fisheries policy and promote long-term sustainability of fishing activities and to avoid negative effects on the local economy.
(10)
Given the urgency of the matter, it is imperative to grant an exception to the six-week period referred to in paragraph I(3) of the Protocol on the role of the national parliaments in the European Union, annexed to the Treaty on European Union and to the Treaties establishing the European Communities.
(11)
Regulation (EC) No 2792/1999 should therefore be amended accordingly,
HAS ADOPTED THIS REGULATION: