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Document 02007R0391-20121028
Commission Regulation (EC) No 391/2007 of 11 April 2007 laying down detailed rules for the implementation of Council Regulation (EC) No 861/2006 as regards the expenditure incurred by Member States in implementing the monitoring and control systems applicable to the Common Fisheries Policy
Consolidated text: Commission Regulation (EC) No 391/2007 of 11 April 2007 laying down detailed rules for the implementation of Council Regulation (EC) No 861/2006 as regards the expenditure incurred by Member States in implementing the monitoring and control systems applicable to the Common Fisheries Policy
Commission Regulation (EC) No 391/2007 of 11 April 2007 laying down detailed rules for the implementation of Council Regulation (EC) No 861/2006 as regards the expenditure incurred by Member States in implementing the monitoring and control systems applicable to the Common Fisheries Policy
02007R0391 — EN — 28.10.2012 — 003.001
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COMMISSION REGULATION (EC) No 391/2007 of 11 April 2007 (OJ L 097 12.4.2007, p. 30) |
Amended by:
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Official Journal |
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No |
page |
date |
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L 338 |
22 |
19.12.2009 |
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L 303 |
3 |
19.11.2010 |
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COMMISSION IMPLEMENTING REGULATION (EU) No 984/2012 of 24 October 2012 |
L 295 |
9 |
25.10.2012 |
COMMISSION REGULATION (EC) No 391/2007
of 11 April 2007
laying down detailed rules for the implementation of Council Regulation (EC) No 861/2006 as regards the expenditure incurred by Member States in implementing the monitoring and control systems applicable to the Common Fisheries Policy
Article 1
Subject-matter
This Regulation establishes detailed rules for the implementation of Regulation (EC) No 861/2006 as regards the Community financial contribution for expenditure incurred by Member States in implementing monitoring and control systems applicable to the Common Fisheries Policy in the period 2007 to 2013.
Article 2
Definitions
For the purpose of this Regulation the following definitions shall apply:
‘Annual fisheries control programme’ means an annual programme drawn up by a Member State in accordance with Article 20 of Regulation (EC) No 861/2006;
‘Budgetary commitment’ means the operation reserving the appropriation necessary to cover subsequent payments to honour a legal commitment;
‘Legal commitment’ means the act whereby the authorising authority of a Member State enters into or establishes an obligation which results in a charge.
Article 3
Annual fisheries control programmes
In addition to the information required by Article 20 of Regulation (EC) No 861/2006, Member States shall state in their fisheries control programme, for each project:
a yearly forecast of reimbursement requests;
the measures foreseen to make known to the public that the project received financial support from the Community;
when the project concerns the purchase and modernisation of vessels and aircraft: the specification of the type of vessel or aircraft;
a description of all means available by the administration for fisheries monitoring and control, drawn up in accordance with Annex I.
Article 4
Commitment of expenditure
Article 5
Eligible expenditure
In order to be eligible for reimbursement, expenditure shall:
be foreseen in the fisheries control programme; and
relate to any of the actions referred to in Article 8(a) of Regulation (EC) No 861/2006;
▼M3 —————
arise from legal and budgetary commitments entered into by Member States in accordance with Article 4 of this Regulation;
concern projects implemented in accordance with Article 8 of this Regulation;
comply with specific Community rules, where those rules apply.
Article 6
Eligible expenditure related to certain actions
Expenditure incurred on training and exchange programmes and on seminars and media tools shall be eligible to the extent that it complies with Annex IV. Such expenditure may cover, inter alia:
fisheries surveillance methodology;
Community legislation governing the Common Fisheries Policy and, in particular, control;
the use of fisheries control techniques;
the implementation by Member States of the applicable control system, in accordance with the Common Fisheries Policy rules.
Article 7
Non-eligible expenditure
In case of projects co-financed under several successive Commission decisions, the first subparagraph shall apply only with regard to the first Commission decision approving the projects concerned.
Article 8
Implementation of projects
Article 9
Non-implementation and delay of projects
When a Member State decides not to implement all or part of the projects for which a financial contribution has been granted, or a delay occurs, it shall immediately inform the Commission in writing, stating:
the implications for its annual fisheries control programme, including those of a financial nature;
the reasons for the delay or non-implementation;
the foreseen new implementation time frame.
Article 10
Pre-financing
Article 11
Claims for reimbursement
▼M1 —————
Article 12
Currency
Article 13
Audits and financial corrections
Member States shall provide the Commission and the Court of Auditors with any information those institutions may request for the audits and financial corrections referred to Article 28 of Regulation (EC) No 861/2006.
Article 14
Reports from the Member States
Member States shall also:
By 31 March each year, submit to the Commission an intermediate assessment report on their fisheries control programme for the previous year covering the following:
the projects completed and the rate of execution of the fisheries control programme;
a forecast of claims for reimbursement for the current and following year;
the impact of the projects on the fisheries control programmes, by applying the indicators listed in the programme;
a list of the projects which are given up, if any.
By 31 March 2014, submit to the Commission a final assessment report covering the following:
the projects completed;
the cost of projects;
the impact of the fisheries control programmes, by applying the indicators listed in the programmes;
a list of the projects which were not implemented, if any, with the indication of the EU contribution to those projects;
the impact of the financial contribution on fisheries control programmes over the whole period 2007 to 2013.
Article 15
Transitional provisions
As of 1 January 2007, claims for reimbursement relating to the financial contribution for expenditure approved on the basis of Decisions 95/527/EC, 2001/431/EC and 2004/465/EC shall be submitted in accordance with Annexes VI and VII to this Regulation.
Article 16
Entry into force
This Regulation shall enter into force on the seventh day following its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
ANNEX I
Description of means available to the Member State for fisheries monitoring and control
The description of means available to the Member State for fisheries control, as referred to in Article 3(2)(d) of this Regulation, shall include the following:
a brief description of the administrative bodies in charge of fisheries control at national, regional and local level;
a brief description of human resources, equipments (in particular the number of vessels, aircraft and helicopters available) and main actions undergone the year before to fulfil the duties under the rules of the Common Fisheries Policy;
the yearly budget allocated to fisheries control, expressed in euro with details on investments and on running costs of means used for fisheries control (data by category, including human resources).
ANNEX II
Indicative list of eligible expenditure items relating to the implementation of control technologies
The following expenditure is considered eligible:
Purchase of, installation and technical assistance for, computer technology and setting up of IT networks, including remote sensing capability, in order to allow efficient and secure data exchange in connection with monitoring, control and surveillance of fisheries activities. Expenditure incurred on technical assistance is covered during two years as from the installation.
Purchase and installation of:
Automatic localisation devices enabling vessels to be monitored at a distance by a fisheries monitoring centre through a vessel monitoring system (VMS);
Electronic recording and reporting devices, allowing electronic transmission of data related to fishing activities.
Devices must be in conformity with the requirements laid down by the relevant Community rules.
Purchase of personal computers, tablet PCs and Personal digital assistants (PDAs) designed to store and process data related to fishing activities.
Pilot projects relating to new technologies on the control of fisheries activities and their implementation.
ANNEX III
Indicative list of eligible expenditure items relating to the purchase and modernisation of aircraft and vessels used for fisheries control purposes
The following expenditure is considered eligible:
Fixed wing aircraft, unmanned aerial vehicles and helicopters and their equipment designed for fisheries control purposes. In particular, detection, communication and navigation equipment and software which is installed on board and which is a part of vessels or aircraft used for inspection and surveillance of fisheries activities and that enable data exchange between the vessels or aircraft and the fisheries control authorities;
Equipment replacing obsolete equipment designed to improve efficiency for fisheries control. The cost incurred in modernizing the engine room, wheelhouse boarding and launching facilities is also eligible;
Boarding boats (such as seariders and RIBs), including installed equipment, engines, launching davits and cranes (inclusive of hydraulic systems and installation), changes to the main vessel in order to adapt to the boarding boats (such as reinforcement of the deck and superstructure);
Major items for the propulsion system of the vessel, such as propeller systems, gear boxes, new main engines and auxiliary engines;
Equipment securing the confidentiality of communications such as encryption equipment and scramblers;
Water-proofed Personal Computers installed on board.
ANNEX IV
Indicative list of eligible expenditure items relating to training and exchange programmes, seminars and media tools
The following expenditure is considered eligible:
Renting of lecture rooms;
Purchase or hiring of equipment used for training and seminars;
Fees of trainers not acting in their capacity as Member State or Community civil servants;
Travel costs incurred by inspectors, public prosecutors, judges and fishermen attending the courses as well as by training staff;
Any expenditure related to purchase or printing of material required for seminar, training or media such as books, posters, CDs, DVDs, videos, leaflets, banners.
Expenditure is eligible to the extent that it is eligible for reimbursement in conformity with relevant national rules.
ANNEX V
Indicative list of non-eligible expenditure items
The following expenditure is considered non-eligible:
Renting and leasing contracts;
Equipment which is not used exclusively for fisheries control purposes, such as personal computers, laptops, scanners, printers, mobile phones, telephone standards, walkie-talkies, measure tapes, rules and other similar equipment, videos and cameras;
Articles of clothing and footwear, such as uniforms, protecting suits, etc. and general personal equipment;
Running and maintenance costs, such as telecommunication costs, financial interests, insurance premiums, fuel;
Spare parts needed to keep in service any eligible item;
Vehicles and motorbikes;
Buildings and sites;
Salary costs of personnel of national administrations and indemnities;
Grants.
ANNEX VI
Content of claims for reimbursement
Claims for reimbursement shall include the following:
A letter stating the total amount claimed for reimbursement. This letter shall clearly state:
The Commission Decision to which it refers (relevant Article and Annex);
The amount claimed to the Commission in euro, VAT excluded;
The type of claim (pre-finance, interim payment, final payment);
The bank account to which the transfer should be done.
A statement of expenditure, using the form established in Annex VII (one per Commission Decision).
A list including the following information:
The name(s) of the project(s) and reference to the annual fisheries control programme(s) on which it (they) was (were) included;
The reference of the contract to which invoices are related to;
A list of the enclosed invoices related to the project (number of invoices and amounts, VAT excluded).
With regard to each project for which reimbursement is claimed:
Original or certified copy of invoices;
If invoices are not quoted in euro, the exchange rate applied;
The original or certified copy of, the proof of payment of each invoice enclosed;
A document stating future instalments (where applicable) and their foreseen payment dates;
Certified copy of the contract related to the invoice;
The yearly use of the vessel, aircraft or unmanned aerial vehicle used for fisheries control, in percentage terms and in days;
Information on public procurement: in all cases where expenditure exceeds the publication threshold ceiling, the photocopy of the tender notices published in the Official Journal of the European Union, the minutes of the tenders opening, the evaluation of tenders, the award notice as well as the contract shall be enclosed. Expenditure incurred on vessels and aircraft to be used fully or partly for fisheries control purposes cannot benefit from any exemption from EU procurement rules with reference to Article 346 Treaty on the Functioning of the European Union;
A brief description of the action, stating in detail what has been achieved, accompanied by a brief assessment of the impact of the investment on fisheries control and surveillance. A forecast of the future use of the items shall also be included;
In the case of expenditure on pilot projects or media tools, the final report or document should be included;
In case of training and seminars, information on the subject, the speaker, a list of participants and the date and place of the training shall be included.
ANNEX VII
Statement of expenditure
EXPENDITURE ( 6 ) INCURRED IN CARRYING OUT THE NATIONAL PROGRAMME FOR IMPLEMENTING THE CONTROL, INSPECTION AND SURVEILLANCE SYSTEMS ON FISHERIES ACTIVITIES
Referred to in Article 11 of Commission Regulation (EC) No 391/2007
Commission Decision of / No. _
National reference (if any) _
I, the undersigned _ representing the authority _ responsible for the relevant financial and control procedures, hereby certify, after verification, that all the amounts shown below represent the total cost, paid in 20_, in accordance with relevant national legislation, with regards to projects approved and referring to actions set out in Article 8(a) of Council Regulation (EC) No 861/2006:
(a) |
Computer technology and IT networks |
_EUR (1) |
(b) |
Remote control technology devices and electronic recording and reporting devices |
_EUR |
(c) |
Pilot projects on new technologies |
_EUR |
(d) |
Training and exchange programmes of control civil servants |
_EUR |
(e) |
Pilot inspection and observer schemes |
_EUR |
(f) |
Assessment of public expenditure in the control area |
_EUR |
(g) |
Seminars and media |
_EUR |
(h) |
Acquisition and modernisation of vessels and aircraft |
_EUR |
TOTAL |
_EUR |
|
(1)
Exact amount to two decimal places. |
I also certify that the statement of expenditure is accurate and the application for payment takes account of any recoveries made.
The operations were carried out in compliance with the objectives laid down in Regulation No 861/2006 and in Regulation (EC) No 391/2007, and with the provisions of Regulation (EC) No 2371/2002, and in particular as regards:
Finally, I certify that I have / have not ( 7 ) received an advance payment for action(s) _ referred to above.
The statement of expenditure is accurate.
Date,
Name capitals, stamp and position and signature of competent authority
( 1 ) OJ L 160, 14.6.2006, p. 1.
( 2 ) OJ L 358, 31.12.2002, p. 59.
( 3 ) OJ L 301, 14.12.1995, p. 30.
( 4 ) OJ L 154, 9.6.2001, p. 22.
( 5 ) OJ L 157, 30.4.2004, p. 114, corrected by OJ L 195, 2.6.2004, p. 36. Decision as amended by Decision 2006/2/EC (OJ L 2, 5.1.2006, p. 4).
( 6 ) Investments referred to in Article 8 (a) (i) of Regulation 861/2006 may be carried out by the competent national authorities, by administrative bodies or by the private sector.
( 7 ) Delete as appropriate.