This document is meant purely as documentation tool and the institutions do not assume any liability for its contents
"B COMMISSION REGULATION (EC) No 908/2000
of 2 May 2000
laying down detailed rules for calculating aid granted by Member States to producer organisations in the fisheries and
aquaculture sector
(OJ L 105, 3.5.2000, p. 15)
Amended by:
Official Journal
No page date
"M1 Commission Regulation (EC) No 2438/2000 of 3 November 2000 L 280 37 4.11.20002000R0908 — EN — 01.01.2000 — 000.001 — 1
COMMISSION REGULATION (EC) No 908/2000
of 2 May 2000
laying down detailed rules for calculating aid granted by Member States
to producer organisations in the fisheries and aquaculture sector
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EC) No 2792/1999 of 17 December
1999 laying down the detailed rules and arrangements regarding Community
structural assistance in the fisheries sector (
1), and in particular Article 15(4)
thereof,
Whereas:(1) Article 15(1) of Regulation (EC) No 2792/1999 lays down the general
conditions for granting and financing aid from the Member States toproducer organisations recognised under Article 4 and, whereappropriate, specifically recognised under Article 7a of Council
Regulation (EEC) No 3759/92 of 17 December 1992 on the common
organisation of the market in fishery and aquaculture products (
2), as
last amended by Regulation (EC) No 3318/94 (3).
(2) To ensure that such aids are granted and financed under identical
conditions, detailed rules should be laid down for calculating the value
of the production marketed by producer organisations and the
administrative expenses of such organisations and such calculationsshould be done on the basis of supporting accounting documents. Inview of the difficulty of obtaining such documents in some cases,
however, a flat-rate method should be available by way of an
alternative.
(3) The aid for which an association of producer organisations may qualify
should be limited to a maximum overall amount, given that each of themember organisations may qualify for foundation and operating aid.
(4) Detailed rules should be laid down defining expenses in connection
with the implementation of a quality improvement plan by a producer
organisation.
(5) Detailed rules should be laid down governing the reimbursement of the
Community contribution towards aid granted by Member States before1 January 2000 but for which reimbursement was not the subject of aCommission decision before that date.
(6) The measures provided for in this Regulation are in accordance with
the opinion of the Management Committee for Fisheries and
Aquaculture,
HAS ADOPTED THIS REGULATION:
Article 1
This Regulation lays down detailed rules on granting aid to producer
organisations in fisheries and aquaculture under Article 15(1)(a) and (b) ofRegulation (EC) No 2792/1999.
Article 2
1. Members whose production can be taken into account for the application
of Article 15(1)(a) of Regulation (EC) No 2792/1999 shall be:
(a) producers who were members of the organisation when it was recognised
and who have remained members throughout the year to which the aid
application relates;!B
(1) OJ L 337, 30.12.1999, p. 10.
(2) OJ L 388, 31.12.1992, p. 1.
(3) OJ L 350, 31.12.1994, p. 15.2000R0908 — EN — 01.01.2000 — 000.001 — 2
(b) producers who joined the organisation after it was recognised and who
have been members for the last nine months of the year to which the aidapplication relates.
2. An association of producer organisations may be granted aid under
Article 15(1)(a) of Regulation (EC) No 2792/1999 up to a maximum ofEUR 180 000.
Article 3
1. To calculate the aid provided for in Article 15(1)(a)(i) of Regulation (EC)
No 2792/1999, the value of production marketed by the producer organisation
shall be established on a flat-rate basis, for each year, by multiplying for eachproduct covered by the organisation:
(a) the weighted average production, expressed in 100 kg net, marketed by
the members during the three calendar years preceding the period towhich the aid application relates,
by
(b) the weighted average producer price obtained by those producers during
the same period, calculated per 100 kg net.
2. To calculate the average production referred to in paragraph 1(a), the
production marketed by members during each of the three years mentioned
therein shall be determined:
(a) on the basis of available supporting commercial and accounting
documents,
or, failing that,
(b) by means of a flat-rate valuation by the competent authorities of the
Member State, on the basis of parameters determined in advance
depending on the types of production involved.
3. To calculate the average price referred to in paragraph 1(b), the average
price obtained by producers for each of the abovementioned three years shall
be determined by the competent services of the Member State:
(a) on the basis of available supporting commercial and accounting
documents,
or, failing that,
(b) by calculating the average annual price for each product on the principal
market in the area of activity of the producer organisation in question.
Article 4
1. The administrative expenses within the meaning of Article 15(1)(a)(ii) of
Regulation (EC) No 2792/1999 shall be the expenditure actually paid by the
producer organisation in establishing itself and operating, falling within thefollowing headings:
(a) expenditure in connection with the preparatory work for setting up the
organisation and drawing up or amending its constituting act and itsstatutes;
(b) expenditure on checking compliance with the rules referred to in Article
4(1) of Regulation (EEC) No 3759/92;
(c) personnel expenditure (wages and salaries, training expenses, social
security charges and mission expenses) and fees for technical services
and advice;
(d) expenditure on correspondence and telecommunications;
(e) expenditure on office equipment and depreciation or expenditure on
leasing such equipment;
(f) expenditure on the means of transport available for the organisation’s
staff;
(g) rent or, in the case of purchase, interest charges actually paid and other
expenditure and charges arising from occupation of the premises used forthe administrative operation of the producer organisation;!B2000R0908 — EN — 01.01.2000 — 000.001 — 3
(h) expenditure on insurance relating to staff transport and administrative
buildings and contents.
2. The producer organisation shall have the option of spreading such
expenses over the years during which the aid is granted.
3. The amount of the administrative expenses as defined in paragraph 1
must be established on the basis of supporting commercial and accountingdocuments.
Article 5
1. The expenses referred to in Article 15(1)(b) of Regulation (EC) No
2792/1999 shall be the expenditure actually paid by the producer organisationfor drawing up and implementing the quality improvement plan approvedunder Article 7a of Regulation (EEC) No 3759/92, falling within the
following headings:
(a) expenditure in connection with preliminary studies, drawing up and
amending the plan;
(b) expenditure referred to in Article 4(1)(c), (d) and (e) of this Regulation;(c) expenditure on measures to inform members about technical means and
skills for improving quality;
(d) expenditure on establishing and implementing a system for checking
compliance with the measures adopted by the organisation for applyingthe quality improvement plan.
2. The producer organisation shall have the option of spreading such
expenses over the years during which the aid is granted.
3. The amount of the administrative expenses as defined in paragraph 1
must be established on the basis of supporting commercial and accounting
documents clearly showing that the expenditure relates to implementing theplan.
Article 6
The following shall be repealed with effect from 1 January 2000:
— Regulations (EEC) No 1452/83 (
1), (EEC) No 671/84 (2), and (EC) No
2374/96 (3),
— the second indent of Article 1 and Articles 6 and 7 of Regulation (EC) No
2636/95 (4).
However, the provisions repealed shall continue to apply to aid which the
Member States decided to grant before 1 January 2000 on the basis of Articles
7 and 7b of Regulation (EEC) No 3759/92.
In the case of aid decided on by Member States after 1 January 2000 on the
basis of Articles 7 and 7b of Regulation (EEC) No 3759/92, reimbursement
shall be made in the context of the programming of the Structural Funds forthe Member State concerned for the period 2000 to 2006.
Article 7
This Regulation shall enter into force on the day of its publication in the
Official Journal of the European Communities .
It shall apply from 1 January 2000.This Regulation shall be binding in its entirety and directly applicable in all
Member States.!B
(1) OJ L 149, 7.6.1983, p. 5.
(2) OJ L 73, 16.3.1984, p. 28.
(3) OJ L 325, 14.12.1996, p. 1.
(4) OJ L 271, 14.11.1995, p. 8.!M1
!B2000R0908 — EN — 01.01.2000 — 000.001 — 4