Proposal for a Council Decision on a financial contribution from the Community towards the expenditure incurred by the Member States in collecting data, and for financing studies and pilot projects for carrying out the common fisheries policy
Date: 1999-11-03
Institutions: European Commission
Subjects: EU financing, EU programme, common fisheries policy, data collection, fishery resources

29.2.2000

EN

Official Journal of the European Communities

C 56 E/29

Proposal for a Council Decision on a financial contribution from the Community towards the
expenditure incurred by the Member States in collecting data, and for financing studies and pilot
projects for carrying out the common fisheries policy

(2000/C 56 E/09)

(Text with EEA relevance)

COM(1999) 551 final (cid:151) 1999/0224(CNS)

(Submitted by the Commission on 3 November 1999)

THE COUNCIL OF THE EUROPEAN UNION,

the Community
management of basic data;

framework

for

the

collection and

Having regard to the Treaty establishing the European
Community, and in particular Article 37 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament,

Whereas:

(1) Article 16 of Council Regulation (EEC) No 3760/92 of 20
December 1992 establishing a Community system for
fisheries and aquaculture (1), as last amended by Regulation
(EC) No 1181/98 (2), provides that the situation as regards
fishery resources, and its economic implications, needs to
be assessed regularly;

(2) Council Regulation (EC) No . . ./1999 of . . . 1999 estab-
lishes a Community framework for the collection and
management of the fisheries data needed to conduct the
common fisheries policy (CFP);

to the more efficient management of
of
resources; while

(3) By collecting this information Member States are carrying
out a task which is beneficial to the Community in that it
the
contributes
common
the
programmes is the responsibility of the Member States,
they should therefore qualify for a contribution from the
Community towards certain costs incurred in collecting
and managing the data needed to carry out the CFP;

implementation

(4) The action taken by the Commission to assist the collection
of
this information through annual calls for proposals
financed as FIFG innovative measures has reached a level
of stability; this action should be consolidated, therefore, on
a multiannual basis under heading 3 of
the financial
perspective;

(5) The methods used to collect and process the basic data on
fisheries should be compared and ways should be sought of
improving them; the quality of the results obtained should
be examined and assessed regularly;

(6) Financial assistance should therefore be granted to explore
the possibilities and usefulness of extending the scope of

(1) OJ L 389, 31.12.1992.
(2) OJ L 164, 9.6.1998, p. 1.

(7) The pilot projects and studies needed to carry out the
common fisheries policy should be eligible for support,
in particular for economic and bio-economic analyses,
work on eliminating and preventing overcapacity, and the
relations between fisheries, aquaculture and the devel-
opment of aquatic ecosystems;

(8) Steps should be taken to ensure the satisfactory outcome of

the measures financed under this Decision;

(9) Rules should be laid down governing the eligibility of the
expenditure, the level of the Community contribution and
the terms on which it will be made available,

HAS ADOPTED THIS DECISION:

Article 1

1.
The Community may provide financial assistance for the
measures referred to in this Decision under the terms and
conditions laid down herein.

2.
The measures for which financial assistance is provided
for shall be the subject of Community multiannual indicative
programming for the period 2000-2005. The annual appropri-
ations shall be authorised by the budgetary authority within
the limits of the financial perspective.

TITLE I

COMMUNITY
EXPENDITURE
FRAMEWORK FOR THE COLLECTION AND MANAGEMENT
OF DATA

INCURRED UNDER

THE

Article 2

1.
This Title concerns data which must be collected regularly
as provided for in Article 1 of Regulation (EC) No . . ./1999
(Community framework for the collection and management of
data).

2.
The Community assistance shall cover eligible expen-
diture incurred by the Member States between 1 January
2000 and 31 December 2005. Only the expenditure referred
to in Annex shall be regarded as eligible.

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Official Journal of the European Communities

29.2.2000

Article 3

Article 5

The contribution from the Community shall not exceed:

(cid:151) 50 % cost of the eligible public expenditure incurred in
carrying out a minimum programme as provided for in
Article 5 of Regulation (EC) No . . ./1999 (Community
framework for the collection and management of data);

1.
The assistance granted to a Member State in respect of
each year of application of the programme shall be paid in two
instalments:

(a) 50 % when the application has been approved;

contribution may be

(cid:151) 35 % of the eligible public additional expenditure incurred
in carrying out an extended programme as provided for in
Article 5 of Regulation (EC) No . . ./1999 (Community
framework for the collection and management of data). A
financial
granted to measures
connected with extended Community programmes only
on condition that
the
requirements for the minimum Community programme
and that the annual Community appropriations available
under
this Decision have not been exhausted by the
financial contribution for the minimum programme.

the Member State fully meets

Article 4

1. Member States wishing to receive a financial contribution
shall present to the Commission, not later than 31 May 2000,

(cid:151) a national programme as defined in Article 6 of Regulation
(EC) No . . ./1999 (Community framework for the collection
and management of data),

(cid:151) their annual expenditure forecasts for the period referred to
in Article 2(2) for which they wish to receive a financial
contribution from the Community.

Each Member State shall

2.
before 31 May each year starting in 2001,

forward to the Commission,

(b) the balance following the transmission to the Commission
of the annual applications for the reimbursement of expen-
incurred by the Member State and following
diture
the financial report
acceptance by the Commission of
report
referred to in Article 4(2) and the technical
referred to in paragraph 2.

The Member States shall submit, no later than 31 May

2.
following each year of application of the programme,

(cid:151) an annual report containing details of the attainment of the
set when the minimum and the extended

objectives
programmes were drawn up.

(cid:151) their applications for the reimbursement of expenditure
incurred for the previous calendar year, with supporting
documents.

3. When submitting applications for the reimbursement of
expenditure, the Member States shall take all appropriate steps
to verify and certify:

(cid:151) that

the measures

implemented and the

expenditure
incurred under the Commission Decision referred to in
Article 4(3) correspond to the programme accepted by
the Commission,

(cid:151) a financial report containing a comparison of the expen-
diture forecast with that incurred for the previous calendar
year,

(cid:151) that the expenditure complies with the conditions set out in

this Decision, in particular in the Annex,

(cid:151) where necessary, an update of its national programme, as
defined in Article 6(2) of Regulation (EC) No . . ./1999
(Community framework for the collection and management
of data), for the current and subsequent years.

The Commission shall decide each year, on the basis of

3.
the information provided by the Member States, on:

(a) the eligibility of the forecast expenditure;

(b) the amount of the financial assistance from the Community.

4.
Decisions by the Commission to grant financial assistance
shall be treated as equivalent to the commitment of expen-
diture authorised by the budget.

(cid:151) that contracts are awarded in accordance with the legis-

lation on public procurement.

Article 6

The

Commission

representatives may

out
1.
on-the-spot checks,
inter alia by random sampling, on the
measures financed under this Decision, and study the control
arrangements and measures put in place by the national auth-
orities
to prevent and penalise irregularities and, where
necessary, recover funds lost as a result of an irregularity.

carry

The Commission may carry out all

2.
it
considers necessary to ensure compliance with the conditions
and the performance of the tasks imposed by this Decision on
the Member States, which shall assist
the representatives
appointed for this purpose by the Commission.

the checks

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Article 7

The report

1.
to be drafted by the Commission by 31
December 2002 pursuant to Article 9(2) of Regulation (EC)
No . . ./1999 (Community framework for the collection and
management of data) shall also analyse the cost/benefit ratio
of the work carried out.

2.
On the basis of the report the Commission shall decide
whether there is any need to amend this Decision or improve
its application.

TITLE II

STUDIES AND PILOT PROJECTS

Article 8

1.

2.

The Commission may carry out studies and pilot projects.

The spheres of activity that may be covered shall include:

(a) methodological studies and projects aimed at optimising
and standardising methods of collecting the data defined
in Article 1 of Regulation (EC) No . . ./1999 (Community
framework for the collection and management of data),

(b) exploratory data collection projects in the areas defined in
Article 9(3) of Regulation (EC) No . . ./1999 (Community
framework for the collection and management of data),

(c) economic and bio-economic analyses and simulations
connected with decisions planned under the CFP and the
evaluation of the impact of the CFP,

(d) the examination of the links between catch capacity, fishing

effort and mortality in each fishery,

(e) improving the enforcement of the CFP, particularly in terms

of cost-effectiveness,

(f) evaluating and controlling the

links between fishing

activities and aquaculture and aquatic ecosystems.

Pilot projects and studies may not cover measures which

3.
are:

(a) eligible under the fifth Framework Programme on Research;

(b) covered by Title I of this Decision,

The Commission shall publish each year a list of the

4.
priority topics for studies and pilot projects.

The financial contribution from the Community for

5.
studies and pilot projects shall not exceed:

(a) in the case of measures carried out following a call for
proposals, 50 % of the total eligible costs. Universities and
public research bodies which, under the law of the country
to which they are subject, are required to defray marginal
costs, may submit proposals in respect of up to 100 % of
the marginal costs incurred in carrying out a project;

(b) 100 % of eligible expenditure incurred in carrying out
studies and pilot projects at the Commission’s initiative as
a result of a procedure other than a call for proposals.

6.
The financing of all studies and pilot projects carried out
pursuant to paragraph 2(c) to 2(f) may not exceed (15 %) of the
annual appropriations authorised for the measures financed
under this Decision.

TITLE III

GENERAL PROVISIONS

Article 9

Financing may also be provided, at the Commission’s initiative,
for the period referred to in Article 2(2), to cover:

1. expenditure on technical and administrative assistance for
the mutual benefit of the Commission and the beneficiaries
of the measure, and falling outside the realm of ongoing
public service tasks connected with identifying, preparing,
managing, monitoring,
the
programmes and projects referred to in Titles I and II of
this Decision;

checking

auditing

and

2. the costs of disseminating the results achieved via the
national programmes, studies and pilot projects referred to
in Titles I and II of this Decision.

Article 10

This Decision shall apply from (date of entry into force of
Regulation (EC) No . . ./1999 (Community framework for the
collection and management of data)).

(c) covered by Articles 21 and 22 of Council Regulation (EC)
No 1260/1999 laying down general provisions on the
Structural Funds (1).

Artikel 11

This Decision is addressed to the Member States.

(1) OJ L 161, 26.6.1999, p. 1.

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Official Journal of the European Communities

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ANNEX

EXPENDITURE ELIGIBLE UNDER COMMUNITY PROGRAMMES

Without prejudice to paragraph 4 of this Annex, eligible expenditure shall consist only of expenditure actually borne by
the beneficiary and the participants between the date of commencement of the project and its date of completion, and
required for carrying out the work. Eligible expenditure may include all or some of the following:

(cid:151) staff costs

(cid:151) travelling expenses

(cid:151) durable goods

(cid:151) consumable materials and supplies

(cid:151) computer costs

(cid:151) other expenditure provided for in paragraph 6 of this Annex.

1.

Staff costs

1.1. Expenditure on staff for the time actually devoted to the project by scientific or technical staff only.

1.2. Staff costs shall be apportioned in relation to the working time actually devoted to the project and shall be

calculated by reference to:

(cid:151) actual labour costs (wages, social costs, social security and pension contributions), or

(cid:151) average labour costs, in line with the practice of the beneficiary or the participant concerned, if this average

does not diverge significantly from actual labour costs.

1.3. Time devoted by staff to the programme and apportioned must appear in full in the records (time sheets) and be
certified at least once each month by the person responsible for the programme or any other competent member of
the managerial staff working on the programme.

2. Travelling expenses

2.1. Travelling expenses shall be apportioned in accordance with the internal rules of the beneficiaries or participants;
however, for journeys outside the European Union, the prior agreement of the Commission shall be required.

3. Durable goods

3.1. Expenditure on durable goods shall relate to purchase or production after the date of actual commencement of the

programme or within the preceding six months and:

(cid:151) which have an expected life not shorter than the duration of the work under the programme;

(cid:151) which are included in the inventory of durable goods of the coordinator or participant concerned, or

(cid:151) which are regarded as assets in accordance with the accounting methods, rules and principles of the beneficiary

or participant concerned.

3.2. For the purpose of calculating the eligible expenditure, durable goods will be considered to have a probable life of
36 months in the case of computer equipment of a value not exceeding EUR 10 000, and 60 months in the case of
other goods. The eligible amount will depend on the expected life of the goods in relation to the duration of the
programme, on condition that the period used to calculate this amount starts on the actual date of commencement
of the programme, or the date of purchase of the goods where this occurs after the date of commencement, and
ends on the date of completion of the programme. Account should be taken also of the use made of the goods
during that period.

3.3. For each purchase of durable goods, a certified copy of the invoice must be attached to the statement of income

and expenditure, and forwarded to the Commission.

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4. Consumable products and materials

4.1. Expenditure on consumable raw materials for the purchase, production, repair or use of any goods or equipment

which:

(cid:151) have a probable life shorter than the duration of the work under the programme, and

(cid:151) are not included in the inventory of durable goods of the beneficiary or participant concerned, or

(cid:151) are not regarded as assets in accordance with the accounting principles, rules and methods of the coordinator

or participant concerned.

5. Computer costs

5.1. Expenditure on the establishment and supply to Member States of software for the management and interrogation

of databases.

6. Outside assistance/Subcontracting and/or other expenditure

6.1. Subcontracting/outside assistance (standard and non-innovative services, provided for beneficiaries or partners who
are unable to provide them themselves) or any other additional or unforeseen expenditure not falling within one of
the above categories may be charged to the programme only with the prior agreement of the Commission.

6.2. Countries outside the European Union may,

their contribution is necessary or desirable for carrying out
Community programmes, participate as subcontractors in a national programme with the written approval of
the Commission.

if

7. Unauthorised expenditure

7.1. The expenditure listed below is not regarded as eligible and may not be charged directly or indirectly to the

Commission:

(cid:151) profit margins

(cid:151) expenditure on luxuries

(cid:151) distribution, marketing and advertising costs of promoting products and commercial activities

(cid:151) provisions

(cid:151) interest or income on capital investments

(cid:151) bad debts

(cid:151) entertainment expenses, other than those regarded by the Commission as strictly necessary for carrying out the

work under the project

(cid:151) all expenditure on other projects financed by a third party

(cid:151) all expenditure on protecting the results of the work carried out under the project

(cid:151) indirect costs such as: administration, support staff, office supplies, infrastructure, goods and services

(cid:151) VAT and other recoverable types of levy, charge or duty, reimbursed or offset, in one way or other.