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
Date: 2000-05-02
Institutions: European Commission
Subjects: aid system, aquaculture, fishing industry, producer organisation, production aid, terms for aid

3.5.2000

EN

Official Journal of the European Communities

L 105/15

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,

HAS ADOPTED THIS REGULATION:

Having regard to the Treaty establishing the European
Community,

Article 1

Having regard to Council Regulation (EC) No 2792/1999 of 17
December 1999 laying down the detailed rules and arrange-
ments regarding Community structural assistance in the fish-
eries sector (1), and in particular Article 15(4) thereof,

This Regulation lays down detailed rules on granting aid to
producer organisations in fisheries and aquaculture under
Article 15(1)(a) and (b) of Regulation (EC) No 2792/1999.

Whereas:

Article 2

(1)

(2)

(3)

(4)

(5)

(6)

Article 15(1) of Regulation (EC) No 2792/1999 lays
down the general conditions for granting and financing
aid from the Member States to producer organisations
recognised under Article 4 and, where appropriate,
specifically recognised under Article 7a of Council Regu-
lation (EEC) No 3759/92 of 17 December 1992 on the
common organisation of the market in fishery and aqua-
culture products (2), as last amended by Regulation (EC)
No 3318/94 (3).

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 calculations should be
done on the basis of supporting accounting documents.
In view of the difficulty of obtaining such documents in
some cases, however, a flat-rate method should be avail-
able by way of an alternative.

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
remained members
throughout the year to which the aid application relates;

recognised and who have

(b) producers who joined the organisation after it was recog-
nised and who have been members for the last nine
months of the year to which the aid application 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 of EUR 180 000.

Article 3

The aid for which an association of producer organ-
isations may qualify should be limited to a maximum
overall amount, given that each of the member organ-
isations may qualify for foundation and operating aid.

To calculate the aid provided for in Article 15(1)(a)(i) of
1.
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 each product
covered by the organisation:

Detailed rules should be laid down defining expenses in
connection with the
implementation of a quality
improvement plan by a producer organisation.

(a) the weighted average production, expressed in 100 kg net,
marketed by the members during the three calendar years
preceding the period to which the aid application relates,

Detailed rules should be laid down governing the reim-
bursement of the Community contribution towards aid
granted by Member States before 1 January 2000 but for
which reimbursement was not the subject of a Commis-
sion decision before that date.

The measures provided for in this Regulation are in
the Management
accordance with the opinion of
Committee for Fisheries and Aquaculture,

(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.

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 para-
graph 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,

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Official Journal of the European Communities

3.5.2000

(b) by means of a flat-rate valuation by the competent author-
ities of the Member State, on the basis of parameters deter-
mined 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 the following
headings:

(a) expenditure in connection with the preparatory work for
setting up the organisation and drawing up or amending its
constituting act and its statutes;

(b) expenditure on checking compliance with the rules referred
to in Article 4(1) of Regulation (EEC) No 3759/92;

(c) personnel

expenditure

training
(wages
expenses, social security charges and mission expenses) and
fees for technical services and advice;

salaries,

and

(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 occu-
pation of the premises used for the administrative opera-
tion of the producer organisation;

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 organisation for drawing up and implementing
the quality improvement plan approved under 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 tech-

nical 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 applying the 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 the plan.

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 the aid referred to in the second paragraph of
this Article, where an application for payment of
the
Community contribution was not subject to a decision of the
Commission before 1 January 2000, reimbursement shall be
made in the context of the programming of the Structural
Funds for the Member State concerned for the period 2000 to
2006.

(h) expenditure on insurance relating to staff transport and

administrative buildings and contents.

Article 7

2.
The producer organisation shall have the option of
spreading such expenses over the years during which the aid is
granted.

This Regulation shall enter into force on the day of its publica-
tion in the Official Journal of the European Communities.

It shall apply from 1 January 2000.

3.
The amount of the administrative expenses as defined in
paragraph 1 must be established on the basis of supporting
commercial and accounting documents.

(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.

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This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 2 May 2000.

For the Commission

Franz FISCHLER

Member of the Commission