# EUR-Lex - 52004PC0618 - EN

Avis juridique important

*|*

# 52004PC0618

**Proposal for a Council Decision amending Decision 439/2000/EC of 29 June 2000 on a financial contribution from the Community towards the expenditure incurred by certain Member States in collecting data, and for financing studies and pilot projects for carrying out the common fisheries policy /* COM/2004/0618 final - CNS 2004/0213 */ **

*

*

Proposal for a COUNCIL DECISION amending Decision 439/2000/EC of 29 June 2000 on a financial contribution from the Community towards the expenditure incurred by certain Member States in collecting data, and for financing studies and pilot projects for carrying out the common fisheries policy

(presented by the Commission)

EXPLANATORY MEMORANDUM

The purpose of this Decision is to adapt the application period of Decision (EC) No 439/2000 [1] of 29 June 2000 on a financial contribution from the Community towards the expenditure incurred by Member States in collecting data, and for financing studies and pilot projects for carrying out the common fisheries policy (CFP).

[1] OJ L 176, 15.07.2000, p. 42

The Decision (EC) No 439/2000 covers the period from 2000 to 2005. It is closely linked to Regulation (EC) No 1543/2000 [2] of 29 June 2000 establishing a Community framework for the collection and management of the data needed to conduct the CFP, which lays down that Member States shall draw up for six year periods a national programme. However, the first programming period should exceptionally cover the years 2002 to 2006 inclusive, whereas the collection and management of data in 2001 was organised by means of calls for proposals and invitations to tender also covered by Decision (EC) No 439/2000.

[2] OJ L 176, 15.07.2000, p. 1

Member States wishing to receive a financial contribution towards the expenditure to be incurred during the first programming period from 1 January 2002 to 31 December 2006 should have presented to the Commission, not later than 31 May 2001, their annual expenditure forecasts for this period, followed by yearly updates due before 31 May each year. On the basis of this information, the Commission should decide each year on the eligibility of the forecast expenditure and on the amount of the financial assistance from the Community for the following year. The preparation of the national programmes for 2002 to 2006 and the corresponding Commission Decision to co-finance them were therefore supposed to take place in the year before their execution.

However, due to the late adoption of implementing rules for the application of Regulation (EC) No 1543/2000, Member States submitted their national programmes and expenditure forecasts only in the autumn 2001 instead of May 2001. This late submission on the one hand and the lengthy procedure for examining these (using external consultants) on the other hand, made it impossible to commit the appropriations for the first exercise (2002) in the year before (2001). Instead, the commitment of expenditure took place in the year of execution, 2002. The same phenomenon of a postponed administrative and financial cycle occurred in 2003 and 2004. Consequently, the Commission decision on the amount of the financial assistance from the Community towards the expenditure to be incurred in 2006 will only be prepared and adopted in 2006 instead of 2005.

It is thus proposed that the reference period referred to in Article 1, paragraph 2, be changed from 2000 to 2005 into 2001 to 2006.

The reference amount laid down in Article 1 of Decision 439/2000/EC does no longer reflect the actual needs proved true for the previous years and the updated estimations for the following years. Furthermore it does not take into account the needs of the new Member States. Therefore, the reference amount should be adapted to the updated estimations.

2004/0213 (CNS)

Proposal for a COUNCIL DECISION amending Decision 439/2000/EC of 29 June 2000 on a financial contribution from the Community towards the expenditure incurred by certain Member States in collecting data, and for financing studies and pilot projects for carrying out the common fisheries policy

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 [3],

[3] OJ C , , p.

Having regard to the opinion of the European Parliament [4],

[4] OJ C , , p.

Whereas:

(1) Council Decision 439/2000/EC [5] provides that the Community may grant a financial contribution towards the expenditure incurred by Member States in collecting fisheries data within the Community framework laid down in Council Regulation (EC) No 1543/2000 [6] for the period from 2002 to 2006 inclusive.

[5] OJ L176, 15.7.2000 p42

[6] OJ L176, 15.7.2000 p1

(2) The collection and management of data in 2001 was organised by means of calls for proposals and invitations to tender in accordance with Decision 439/2000/EC.

(3) For the financial assistance towards the expenditure incurred by certain Member States during the period 2002 to 2006, the preparation of the national programmes and the corresponding Commission Decision to co-finance them were planned to take place the year before their execution. Therefore, the application period laid down in Article 1 of Decision 439/2000/EC is from 2000 to 2005.

(4) Due to an underestimation of the length of the necessary administrative and financial procedures, it proved impossible to follow the procedure of preparation and decision making in the year before the execution of the national programmes. Instead, the administrative and financial procedures have proved to take place within the same year as the execution itself. Therefore, the reference period laid down in Article 1 of Decision 439/2000/EC should be changed in order to cover the period of execution from 2001 to 2006.

(5) The reference amount laid down in Article 1 of Decision 439/2000/EC does no longer reflect the actual needs proved true for the previous years and the updated estimations for the following years. Furthermore it does not take into account the needs of the new Member States. Therefore, the reference amount should be adapted to the updated estimations.

(6) Decision 2000/439/EC should therefore be amended accordingly,

HAS ADOPTED THIS DECISION:

Article 1

Decision 2000/439/EC is amended as follows:

(1) In Article 1(2), the first sentence is replaced by the following:

'The financial reference for the implementation of the measures for which financial assistance is provided for the period 2001 to 2006 shall be EUR [164,5] million.'

(2) In Article 4 (3) (b), the words 'for the following year' are deleted.

Article 2

This Decision is addressed to the Member States.

Done at Brussels,

For the Council

The President

>TABLE POSITION>

LEGISLATIVE FINANCIAL STATEMENT - ANNEX

>TABLE POSITION>