16.12.86 Official Journal of the European Communities No C 323/7
level of information as that obtained in experiments
using animals but which involve fewer animals or which
entail less painful procedures, and shall take such other
steps as they consider appropriate to encourage research
in this field. The Commission and Member States shall
monitor trends in experimental methods.
2. The Commission shall report before the end of
1987 on the possibility of modifying tests and guidelines
laid down in existing Community legislation, taking into
account the objectives referred to in paragraph 1.
A n n e x e s I I I , IV and V are de l e t ed
Proposal for a Council Decision on financial participation by the Community in operations of
monitoring and supervision of fishing activities in the waters falling under the sovereignty or
within the jurisdiction of Portugal
COM(86) 673 final
(Submitted by the Commission to the Council on 1 December 1986)
(86/C 323/06)
(Only the Portuguese text is authentic)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European
Economic Community and in particular Article 43
thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parlia-
ment,
Whereas prior to the accession of Portugal, the
Community declared that Community support for
monitoring and supervising waters falling under the
sovereignty or within the jurisdiction of Portugal might
be envisaged (*);
Whereas the facilities available to Portugal for
monitoring and supervising the waters falling under
Portuguese sovereignty or within Portuguese
jurisdiction, with a view to the proper enforcement of
the relevant provisions governing the common fisheries
policy, require modernization and improvement in order
to make them more effective;
Whereas it is appropriate that the Community participate
in financing expenditure incurred by Portugal for such
modernization and improvement;
Whereas 50 % of the expenditure incurred should be
financed by the Community subject to a fixed maximum;
Whereas it is necessary to ensure that facilities as
modernized and improved are put to effective use and
that expenditure is properly made,
HAS DECIDED AS FOLLOWS:
Article 1
1. The Community shall participate under the
conditions laid down in the Annex in financing
expenditure incurred by Portugal in modernizing and
improving its facilities for monitoring and supervising
fishing activities in waters falling under Portuguese
sovereignty or within Portuguese jurisdiction with a view
to proper enforcement of the relevant provisions of the
common fisheries policy.
2. The Community shall reimburse 50 % of eligible
expenditure by Portugal incurred from 1 July 1987 to 30
June 1989, subject to a maximum Community contri-
bution of ECU 8 million.
3. Subject to paragraph 2, the Community may grant
advances to a maximum of 25 % of eligible expenditure.
Article 2
(') OJ No L 302, 15. 12. 1985, p. 493. This Decision is addressed to the Portuguese Republic.
N o C 323/8 Official Journa l of the European Communit ies 16 .12 .86
ANNEX
1. The expenditure on facilities for monitoring and supervising waters falling under the sovereignty or
within the jurisdiction of Portugal which shall be eligible for financing by the Community is expenditure
in respect of:
(a) the purchase of equipment for improving and modernizing the fisheries monitoring and supervision
capacity of vessels and aircraft;
(b) the purchase of equipment for improving and modernizing communication between vessels, aircraft
and land-based installations engaged in monitoring and supervision of fisheries.
2. Portugal shall forward to the Commission by 31 March 1987 a detailed programme of expenditure
covered by paragraph 1. The programme shall include: I
— technical details of the equipment, its cost and the proposed method of payment;
— the intended use of the equipment, including date of entry into service;
— where the equipment is to be used on a vessel or aircraft, the proposed operational programme for
monitoring and supervision of fisheries by the vessel or aircraft.
3. Portugal shall show how the financing of facilities for monitoring and supervision of fisheries will lead
to an improvement in such monitoring and supervision. After completion of the programme of
expenditure Portugal shall report on the use made of the equipment, indicating what has been the
resulting improvement in monitoring and supervision.
4. Within two months of receipt of the programme referred to in paragraph 2 the Commission shall decide
on the eligibility of the proposed expenditure.
5. Reimbursement of expenditure and payment of advances is conditional upon compliance with the
provisions of Council Directive 77/62/EEC ('). Payment of advances may only be made upon proof
that the expenditure is the subject of a binding contract.
6. Portugal shall furnish the Commission with all the information which it may request in order to enable
it to carry out its functions under this Decision.
If the Commission considers that the control facilities for which Community financial aid was granted
under this Decision are not being used for the purposes intended and in accordance with the conditions
of this Decision, Portugal shall be so informed. Portugal shall then conduct an administrative inquiry in
which Commission officials may participate. Portugal shall inform the Commission of the progress and
results of the inquiry and provide the Commission with a copy of the report of the inquiry and the main
points used in the preparation of the report.
The Commission may make inspections to verify application of this Decision by Portugal, which shall
assist the officials designated by the Commission for this purpose.
The provisions of this paragraph are without prejudice to the provisions of Article 12 of Council Regu-
lation (EEC) No 2057/82 (2).
(') OJNoL 13, 15. 1. 1977, p. 1.
C) OJ No L 220, 29. 7. 1982, p. 1.
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