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COMMISSION REGULATION (EEC) No 378/84
of 13 February 1984
laying down detailed rules for the implementation of decisions to grant aid for projects for the restructuring, modernization and development of the fishing industry and for the development of aquaculture
THE COMMISSION OF THE EUROPEAN
COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 2908/83 of 4 October 1983 on a common measure for restructuring, modernizing and developing the fishing industry and for developing aquaculture (1), and in particular Article 18 (4) thereof,
Whereas supporting documents relating to projects eligible for assistance are forwarded, in some cases via the Member States concered, to the Commission by an authority or agency designated for this purpose by that Member State; whereas, with a view to ensuring an effective check on the execution of these projects, provision should be made to define the role of that authority or agency and the nature of the supporting documents drawn up in compliance with the laws or regulations of the Member State concerned or with the measures laid down by the said authority or agency, and also the checking arrangements made by each Member State;
Whereas the Commission needs to be informed that projects are being carried out under the conditions and within the time limits laid down in the Decisions granting aid;
Whereas the documentation to be forwarded by the intermediary authority so that the Commission may ascertain that all the conditions are fulfilled for payment of the aid, or a proportion thereof, should be specified; whereas that documentation must include full information, presented in a uniform manner, in order to facilitate the rapid examination and uniform treatment of payment applications;
Whereas, if the documents duly provided by the authority or agency appear inadequate or incomplete for the purpose of checking the financial or other conditions to which the projects are subject, the Commission should be able to request the intermediary authority to submit additional documents;
Whereas there should be provision for cooperation between the Commission and the Member State concerned to ensure that inspection visits may achieve their intended purpose;
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 through an agency designated by the Member State, it is necessary to define the documents which that agency is to forward to the Commission;
Whereas the EAGGF Committee has not delivered an opinion within the time limit set by its chairman,
HAS ADOPTED THIS REGULATION:
I. Role of the authority or agency responsible for forwarding supporting documents
Article 1
1. The authority or agency responsible for forwarding supporting documents within the meaning of Article 18 (2) of Regulation (EEC) No 2908/83 shall send to the Commission, either collectively within two months following the entry into force of this Regulation, or for each separate project within two months of notification of the relevant decision granting aid, a descriptive list of the supporting documents it intends to require. Any amendment to such list shall be communicated to the Commission within two months of its adoption.
'Supporting documents' means any document drawn up in accordance either 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 the project in question have been fulfilled.
The descriptive list referred to above shall give:
- the title of each supporting document, together with a reference to the provisions or measures on the basis of which it is to be drawn up, and
- a brief description of the contents of each document.
2. Within the time limit laid down in paragraph 1, the authority or agency shall also send to the Commission a detailed description of the checking arrangements used on the basis of which it draws up the certificate referred to in Article 3.
3. The Commission may request Member States to add to the descriptive list other documents which it considers necessary for checking the eligibility for payment of the expenditure claimed in applications; it may to the same end also request Member States to strengthen their checking arrangements.
Article 2
On the expiry of two years from the date of notification of the decision granting aid, the authority or agency shall forward to the Commission a document describing the progress of uncompleted projects. Where, contrary to the information contained in the application for aid and the decision to grant it, the work has not begun at the end of this period of two years, the authority or agency shall give reasons and, where necessary, shall submit to the Commission guarantees provided by the beneficiaries establishing that the project will be carried out in the near future.
Article 3
On completion of a project, or in the course of its implementation, if the Commission decision makes provision for payment in instalments pursuant to Article 15 (1) of Regulation (EEC) No 2908/83, the authority or agency shall forward to the Commission a request 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
Payments in instalments shall not exceed the following limits in respect of any one investment:
(a) 80 % of the aid granted for that investment;
(b) 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 envisaged.
However, in the case of shipbuilding, a payment of a maximum of 80 % of the aid approved may be made, if the beneficiary so requests, in response to an application for partial payment showing that the rate of implementation of the work is not less than 50 % on condition that:
- an exact work-schedule, provided and certified by the shipyard, is submitted,
- the Member State approves this request.
Article 5
To enable an effective check to be made on the performance of a project, the authority or agency shall forward to the Commission, at its request and within a time limit which the latter may fix, any supporting document as referred to in Article 1 or a certified copy thereof, or any other document which shows that the financial or other conditions laid down for a 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 it intends to visit and shall invite that Member State to participate in the inspection; the Member State shall take all necessary steps to promote the effectiveness of such inspection visits.
Article 7
Before initiating any procedure for suspending, reducing or terminating aid in accordance with Article 18 (2) of Regulation (EEC) No 2908/83, the Commission shall:
- inform the Member State on whose territory the project was to be carried out and invite it to express its views on the matter,
- consult the authority or agency 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 agency responsible for payment
Article 8
1. Where 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, in favour of the beneficiary, in accordance with Article 18 (1) of Regulation (EEC) No 2908/83.
2. The agency responsible for payment shall immediately pay over the aid to the beneficiary and shall provide evidence to the Commission that this has been done within 15 days of payment.
Article 9
This Regulation shall enter into force on the 21st 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, 13 February 1984.