REGULATION (EEC) No 1116/88 of 20 April 1988 laying down detailed rules for the application of decisions granting aid for projects concerning Community measures to improve and adapt structures in the fisheries and aquaculture sector and in structural works in coastal waters
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 4028/86 of 18 December 1986 on Community measures to improve and adapt structures in the fisheries and aquaculture sector (1), and in particular Article 44 (2) thereof,
Whereas the documents supporting projects in receipt of aid are forwarded to the Commission by an authority or agency appointed for the purpose by the Member State, such transmission being made, where appropriate, by the Member State; whereas in order to ensure that these projects are effectively monitored, the role of that authority, the nature of the supporting documents drawn up in accordance with the laws or regulations of the Member State concerned or with the measures adopted by the abovementioned authority or agency and the control mechanisms established in each Member State should be defined;
Whereas the Commission must be informed that projects are being carried out in accordance with the conditions and within the time limits laid down in the decisions granting the aid;
Whereas, for the purpose of the payment of the aid or a portion of it, it is necessary to specify the documents to be forwarded by the competent authority to the Commission in order to enable it to establish that all the conditions for payment are satisfied; whereas such documents must contain full particulars and be presented in identical form in order to facilitate the speedy examination and uniform processing of applications for payment;
Whereas, if documents that have been properly provided by the authority or agency appear to it to be inadequate or if they seem to be incomplete for the purposes of verifying the (2) OJ No L 376, 31. 12. 1986, p. 7.
financial or other conditions imposed on projects, the Commission must be able to request the competent authority to provide supporting or supplementary documents;
Whereas it is essential that provision be made, in the case of inspection visits, for cooperation between the Commission and the Member State concerned, in order to ensure that they are fully effective;
Whereas the procedure for suspending, reducing or terminating aid should not be initiated without the Member State concerned first having been asked for its views and the beneficiaries having been given the opportunity to submit their comments;
Whereas, since aid is paid to the beneficiary by an agency appointed by the Member State, the documents which that agency must forward to the Commission should be specified;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Standing Committee for the Fisheries Industry,
HAS ADOPTED THIS REGULATION:
I.
Role of the authority or agency responsible for forwarding supporting documents Article 1 1. The competent authority responsible for forwarding supporting documents pursuant to Article 44 (1) of Regulation (EEC) No 4028/86 shall send to the Commission, either collectively within two months following the entry into force of this Regulation, or for each individual project within two months following notification of the decision granting aid, a descriptive list of the supporting documents it intends to request. All changes to the descriptive list shall be notified to the Commission within two months of their adoption.
´Supporting document' means any document drawn up in accordance with the laws or regulations of the Member State concerned or with the measures adopted by the abovementioned authority or agency, and establishing that the financial or other conditions imposed for each project are satisfied.
The abovementioned descriptive list shall contain:
- a description of the supporting documents and particulars of the provisions or measures on the basis of which they are drawn up,
- a brief description of the contents of these documents.
2. The competent authority shall also send to the Commission within the period referred to in paragraph 1 a detailed description of the control methods used on the basis of which the certificate referred to in Article 3 is drawn up.
3. The Commission may request a Member State to send in addition to the descriptive list other supporting documents which it considers necessary for the purpose of checking the eligibility of the expenditure shown in the applications for payment; it may, for the same purpose, also request Member States to reinforce their checking arrangements.
Article 2 1. After the one year period following notification of the decision to grant aid has expired, as laid down in Article 44 of Regulation (EEC) No 4028/86, the competent authority shall send a document listing projects which have not yet begun, to the Commission.
2. For projects not completed within the two years after work has begun, as laid down in Article 44 of Regulation (EEC) No 4028/86, the competent authority shall send, before 1 March and 1 September each year, a document describing their state of advancement.
3. In the documents referred to is paragraphs 1 and 2, the authority or body shall detail the reasons given by the beneficiary, either for not commencing the work or not finalizing the projects, together with any guarantees, if necessary, concerning the completion of the project in the near future.
4. The follow-up procedure relates to fishing vessel construction, aquaculture and structural works in coastal water. The follow-up of fishing vessel modernization projects shall take place correspondingly.
Article 3 On completion of a project, or while it is being carried out if the Commission decision provides for payment in instalments in accordance with Article 43 (1) of Regulation (EEC) No 4028/86, the authority or agency shall forward to the Commission an application for payment showing that the conditions for payment have been fulfilled.
Applications for payment shall consist of a certificate and a list of the supporting documents. They shall be submitted in duplicate in the form shown in the Annex.
Article 4 1. Payments in instalments shall not exceed in respect of any one investment the rate of implementation of the work relating to that investment. Such rate shall consist of the ratio between the total amount of the invoices or other documents which have been duly paid and relating to eligible expenditure and the total amount of the eligible costs laid down at the time the grant decision was taken.
(a) Construction of a vessel Payment shall be made, as a rule in not more than two instalments.
An application for partial payment shall be made however only:
- if the rate of implementation of the work has reached not less than 40 % of the eligible costs, and - if an exact work schedule, drawn up and certified by the shipyard, is submitted.
(b) Aquaculture, development of coastal waters The ais shall be payable as a rule in not more than three instalments.
An (A first) application for partial payment shall be made only:
- if the rate of implementation has reached at least 30 % of the eligible costs, and - if the interim implementation report has been drawn up (only for aquaculture).
(c) Modernization The aid shall be payable as a rule in not more than four instalments.
An (A first) application for partial payments shall be made only:
- if 20 % of the number of projects have been implemented in full, and - if confirmation is presented of the grant of the national financial contribution.
2. Final payments for all types of project shall be subject to the conditions set out in the decision granting aid,
in particular as regards the financial contribution of the Member State and the presentation of the official documents required.
Article 5 In order to enable an effective check to be made on the execution of a project, the competent authority shall forward to the Commission, at its request and within a time limit which the latter may fix, any supporting documents, or a certified copy thereof, referred in Article 1, or any other documents which shows that the financial or other conditions laid down for each project have been fulfilled.
Article 6 If the Commission considers it necessary to make an inspection visit, it shall give prior notice thereof to the Member State in intends to visit and shall invite that Member State to participate in the inspection; the Member States shall take all necessary steps to ensure that such inspection visits are effective.
Article 7 Before initiating a procedure for suspending, reducting or terminating aid in accordance with Article 44 (1) of Regulation (EEC) No 4028/86, the Commission shall:
- inform the Member State on whose territory the project was to be carried out, so that it may express its views on the matter,
- consult the competent authority responsible for forwarding supporting documents,
- ask the beneficiary to provide, through the authority or agency, an explanation for the failure to comply with the conditions laid down.
II.
Role of the intermediary agency responsible for payment Article 8 1. When the Commission is satisfied that the financial or other conditions laid down for the project have been fulfilled, it shall pay the aid or the appropriate portion thereof, if payment is by instalments, to the beneficiary in accordance with Article 43 (1) of Regulation (EEC) No 4028/86.
2. The intermediary agency responsible for payment shall pay the aid to the beneficiary without delay and shall provide the Commission with evidence of payment within 15 days thereof.
Article 9 This Regulation shall enter into force on the 21st day following its publication in the Official Journal of the European Communities.
The Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 20 April 1988.