COMMISSION REGULATION (EEC) No 2321/88 of 26 July 1988 laying down detailed rules for the application of Council Regulation (EEC) No 4028/86 as regards measures for the provision of facilities at fishing ports.
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 Articles 27 and 28 thereof,
Whereas Article 28 of Regulation (EEC) No 4028/86 provides that investments eligible for the grant of aid projects for the provision of facilities at fishing ports are to be financed on a priority basis under Council Regulation (EEC) No 355/77 of 15 February 1977 on common measures to improve the conditions under which agricultural and fishery products are processed and marketed (2), as last amended by Regulation (EEC) No 1760/87 (3);
Whereas the investments for the grant of Community financial aid towards projects for the provision of facilities at fishing ports pursuant to Regulation (EEC) No 4028/86 should therefore be defined;
Whereas Commission Regulation (EEC) No 2515/85 (4), specifies how aid application submitted under Regulation (EEC) No 355/77 are to be presented;
Whereas projects which may qualify for Community financial aid under Regulation (EEC) No 4028/86 must contain the information that will enable the Commission to take a decision on the applications concerned and must be presented in a standard form;
Whereas the application for payment which Member States are to submit to the Commission must contain certain particulars which show that the expenditure is in conformity with the provisions of Regulation (EEC) No 4028/86;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Standing Committee for the Fishing Industry,
(5) OJ No L 376, 31. 12. 1986, p. 7.
(6) OJ No L 51, 23. 2. 1977, p. 1.
(7) OJ No L 167, 26. 6. 1987, p. 1.
(8) OJ No L 243, 11. 9. 1985, p. 1.
HAS ADOPTED THIS REGULATION:
Article 1 1. The investments listed in Annex I hereto shall be eligible for Community financial aid as part of a project for the provision of facilities at fishing ports within the meaning of Title VIII of Regulation (EEC) No 4028/86 provided that they relate to back-up facilities for fishing or for the marketing of fishery products and are to be made in respect of those activities only.
2. The Commission may, when taking the decisions referred to in Article 35 of Regulation (EEC) No 4028/86, grant financial aid for investments not listed in Annex I but meeting the requirements of Article 27 (2) of the Regulation.
Article 2 1. The investments listed in Annex II hereto shall not qualify for Community aid under Title VIII of Regulation (EEC) No 4028/86.
2. Projects which qualify for Community aid other than that introduced by Regulation (EEC) No 355/77 shall not be eligible under Title VIII of Regulation (EEC) No 4028/86.
3. For a given project, Community aid cannot be granted under both Regulation (EEC) No 355/77 and Regulation (EEC) No 4028/86.
Article 3 Eligible investment shall be expressed net of recoverable value added tax (VAT).
Article 4 Applications for Community aid submitted under Regulation (EEC) No 4028/86 shall be submitted in the form provided for in Regulation (EEC) No 2515/85 and shall be supplemented as provided for in Annex III hereto.
Article 5 1. Applications for the payment relating to aid granted under Regulation (EEC) No 355/77 shall be submitted to the Commission in the form and in accordance with the conditions laid down in Commission Regulation (EEC) No 1685/78 (9).
2. No increase in the anticipated eligible investment amount notified after the final date for submission of aid applications to the Commission shall be taken into account for the calculation of the Community aid.
3. Applications for payment of aid granted under Article 27 of Regulation (EEC) No 4028/86 and not referred to in paragraph 1 shall be submitted to the Commission by the Member State or Member States concerned. They must contain the particulars set out in Annex IV hereto and be submitted in the form there specified.
4. The competent authority shall send to the Commission, within three months of the entry into force of this Regulation, a detailed description of the control methods employed to certify the accuracy of the data contained in the payment requests.
Article 6 This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 26 July 1988.