2000/439/EC: Council Decision of 29 June 2000 on a financial contribution from the Community towards the expenditure incurred by Member States in collecting data, and for financing studies and pilot projects for carrying out the common fisheries policy
Date: 2000-06-29
Institutions: Council of the European Union
Subjects: EU financing, EU programme, common fisheries policy, data collection, fishing industry

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II

(Acts whose publication is not obligatory)

COUNCIL

COUNCIL DECISION

of 29 June 2000

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

(2000/439/EC)

THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to the proposal from the Commission (1),

Having regard to the opinion of the European Parliament (2),

Whereas:

(1)

(2)

(3)

Article 16 of Council Regulation (EEC) No 3760/92 of
20 December 1992 establishing a Community system
for fisheries and aquaculture (3), provides that the situa-
tion as regards fishery resources, and its economic impli-
cations, needs to be assessed regularly.

(EC) No 1543/2000 (4)

Regulation
a
Community framework for the collection and manage-
ment of
the
common fisheries policy (CFP).

the fisheries data needed to conduct

establishes

By collecting these data, Member States are carrying out
a task which is beneficial to the Community in that it
contributes to the more efficient management of the
the
common resources. While
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 said data.

implementation of

(1) OJ C 56 E, 29.2.2000, p. 29.
(2) Opinion delivered on 2 March 2000 (not yet published in the Offi-

cial Journal).

(3) OJ L 389, 31.12.1992, p. 1. Regulation as last amended by Regula-

tion (EC) No 1181/98 (OJ L 164, 9.6.1998, p. 1 ).

(4) See page 1 of this Official Journal.

(4)

(5)

(6)

(7)

(8)

(9)

The action taken by the Commission to assist the collec-
tion of these data through annual calls for proposals
financed as FIFG innovative measures has reached a level
of stability. This action should be consolidated, there-
fore, on a multiannual basis.

A financial reference, within the meaning of point 34 of
the Interinstitutional Agreement between the European
Parliament, the Council and the Commission of 6 May
1999, is included in this Decision for the entire duration
of the period for which financial assistance is to be
provided, without thereby affecting the powers of the
budgetary authority as defined by the Treaty.

In order to guarantee the necessary financial resources,
the preparation of the national programmes and the
corresponding Commission decision to co-finance them
should take place the year before their execution.

Provision should be made to ensure, in 2001, the collec-
tion of basic data needed to conduct the CFP.

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.

Financial assistance should therefore be granted to
explore the possibilities and usefulness of extending the
scope of the Community framework for the collection
and management of basic data.

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(10)

(11)

(12)

(13)

The pilot projects and studies needed to carry out the
CFP should be eligible for support,
in particular for
economic and bio-economic analyses, work on elimi-
nating and preventing overcapacity, and the relations
between fisheries, aquaculture and the development of
aquatic ecosystems.

Steps should be taken to ensure the satisfactory outcome
of the measures financed under this Decision.

In order to facilitate implementation of these provisions,
there should be a procedure for close cooperation
between Member States and the Commission within a
management committee.

The measures necessary for the implementation of this
Decision should be adopted in accordance with Council
Decision 1999/468/EC of 28 June 1999 laying down
the procedures for the exercise of implementing powers
conferred on the Commission (1).

(14)

Rules should be laid down governing the eligibility of
the expenditure, the level of the Community contribu-
tion and the terms on which it will be made available,

HAS ADOPTED THIS DECISION:

Article 1

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

2.
The financial reference for the implementation of the
measures for which financial assistance is provided for the
period 2000 to 2005 shall be EUR 132 million. The annual
appropriations shall be authorised by the budgetary authority
within the limits of the financial perspective.

TITLE I

— 35 % of the additional eligible public expenditure incurred
in carrying out an extended programme as provided for in
Article 5 of Regulation (EC) No 1543/2000. A financial
contribution may be granted for measures connected with
extended Community programmes only on condition that
the Member State concerned fully meets the requirements
for the minimum Community programme and that the
annual Community appropriations available under
this
Decision have not been exhausted by the financial contribu-
tion for the minimum programme.

Article 4

1. Member States wishing to receive a financial contribution
shall present to the Commission, not later than 31 May 2001,

— a national programme as defined in Article 6 of Regulation

(EC) No 1543/2000,

— their annual expenditure forecasts for the period from 1
January 2002 to 31 December 2006, for which they wish
to receive a financial contribution from the Community.

Each Member State shall forward to the Commission,

2.
before 31 May each year,

— starting in 2003, a financial report containing a compar-
ison of the expenditure forecast with that incurred for the
previous calendar year,

— starting in 2002, where necessary, an update of its national
programme and/or the annual expenditure forecast, as
defined in Article 6(1) and (2) of Regulation (EC) No 1543/
2000, for the current and subsequent years.

The Commission shall decide each year,

3.
in accordance
with the procedure laid down in Article 12(2), on the basis of
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

for the following year.

Expenditure incurred under the Community framework
for the collection and management of data

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

Article 2

Community assistance shall cover eligible public expenditure
incurred by the Member States as provided for in Regulation
(EC) No 1543/2000. Only the expenditure referred to in the
Annex to this Decision shall be regarded as eligible.

Article 3

The contribution from the Community shall not exceed:

— 50 % cost of the eligible public expenditure incurred in
carrying out a minimum programme as provided for in
Article 5 of Regulation (EC) No 1543/2000;

(1) OJ L 184, 17.7.1999, p. 23.

Article 5

In order to assist the collection and management of data in
2001, the Commission shall organise, as appropriate, calls for
proposals and invitations to tender in accordance with estab-
lished rules and practices.

Article 6

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

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

this Decision or improve its application and present, as appro-
priate, a proposal to the Council.

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

2. Member States shall submit, from 2003 onwards, no later
than 31 May following each year of application of
the
programme,

— a technical report containing details of the attainment of
the objectives set when the minimum and the extended
programmes were drawn up,

— their applications for the reimbursement of expenditure
incurred during the previous calendar year, with supporting
documents.

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

— that

the measures

implemented and the expenditure
incurred under the Commission decision taken pursuant to
Article 4(3) correspond to the programme accepted by the
Commission,

— that the said expenditure complies with the conditions set

out in this Decision,

in particular in the Annex,

— that contracts are awarded in accordance with the legisla-

tion on public procurement.

Article 7

1.
The Commission representatives may carry out on-the-
spot checks, inter alia, by random sampling, on the measures
financed under this Decision, and study the control arrange-
ments and measures put in place by the national authorities to
prevent and penalise irregularities and, where necessary,
recover funds lost as a result of an irregularity.

2.
The Commission may carry out all the checks 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.

Article 8

The report

1.
to be drafted by the Commission by 31
December 2003 pursuant to Article 10(2) of Regulation (EC)
No 1543/2000 shall also analyse the cost/benefit ratio of the
work carried out.

TITLE II

Studies and pilot projects

Article 9

1.

The Commission may carry out studies and pilot projects.

The spheres of activity which may be covered shall

2.
include:

(a) methodological studies and projects aimed at optimising
and standardising methods of collecting the data defined in
Article 1 of Regulation (EC) No 1543/2000;

(b) exploratory data collection projects in the areas defined in

Article 10(3) of Regulation (EC) No 1543/2000;

(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) selectivity of fishing techniques and examination of the
links between catch capacity, fishing effort and mortality in
each fishery;

(e) improving the enforcement of
terms of cost-effectiveness,

the CFP, particularly in

(f) evaluating and controlling the links between fishing activi-

ties and aquaculture and aquatic ecosystems.

Pilot projects and studies may not cover measures which

3.
are:

(a) eligible under the European Framework Programme on

Research;

(b) covered by Title I of this Decision;

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

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.

2.
On the basis of the report referred to in paragraph 1, the
Commission shall examine whether there is any need to amend

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

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

TITLE III

General provisions

Article 10

Financing may also be provided, at the Commission's initiative,
for the period referred to in Article 1(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,
the
managing, monitoring,
programmes and projects referred to in Titles I and II,

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.

Article 11

The measures necessary for
this
Decision relating in particular to matters referred to in Article

the implementation of

4 shall be adopted in accordance with the procedure referred to
in Article 12(2).

Article 12

The Commission shall be assisted by the Committee for
1.
Fisheries and Aquaculture established by Article 17 of Regula-
tion (EEC) No 3760/92, hereinafter called ‘the Committee’.

2. Where reference is made to this paragraph, Articles 4 and
7 of Decision 1999/468/EC shall apply.

The period laid down in Article 4(3) of Decision 1999/468/EC
shall be set at one month.

3.

The Committee shall adopt its rules of procedure.

This Decision shall apply from 22 July 2000.

Article 13

This Decision is addressed to the Member States.

Article 14

Done at Luxembourg, 29 June 2000.

For the Council

The President

M. ARCANJO

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ANNEX

Expenditure eligible under Community programmes

Without prejudice to paragraph 4, 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:

— staff costs
— travelling expenses
— durable goods
— consumable materials and supplies
— vessels
— computer costs
— subcontracting/outside assistance and other expenditure.

1.

S t a f f c o s t s

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:

labour costs (wages, social costs, social security and pension contributions), or

— actual
— 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.

T r a v e l l i n g e x p e n s e s

2.1. Travelling expenses shall be apportioned in accordance with the internal rules of the beneficiaries or participants;

however, for journeys outside the Community, prior agreement of the Commission shall be required.

3. D u r a b l e g o o d s

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:

— which have an expected life not shorter than the duration of the work under the programme,
— which are included in the inventory of durable goods of the coordinator or participant concerned, or
— 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.

4.

C o n s u m a b l e m a t e r i a l s a n d s u p p l i e s

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

which:

— have a probable life shorter than the duration of the work under the programme, and
— are not included in the inventory of durable goods of the beneficiary or participant concerned, or
— are not regarded as assets in accordance with the accounting principles, rules and methods of the coordinator or

participant concerned.

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5.

V e s s e l s

For research surveys at sea, including those conducted from chartered vessels, only rental costs and other operating
costs shall be eligible. A certified copy of the invoice must be attached to the statement of income and expenditure
and forwarded to the Commission.

6.

C o m p u t e r c o s t s

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

databases.

7.

S u b c o n t r a c t i n g / o u t s i d e a s s i s t a n c e a n d o t h e r e x p e n d i t u r e

7.1. 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.

7.2. Countries outside the Community may, if 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.

8. U n a u t h o r i s e d e x p e n d i t u r e

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

Commission:

— profit margins
— expenditure on luxuries
— distribution, marketing and advertising costs of promoting products and commercial activities
— provisions
— interest or income on capital
— bad debts
— entertainment expenses, other than those regarded by the Commission as strictly necessary for carrying out the

investments

work under the project

— all expenditure on other projects financed by a third party
— all expenditure on protecting the results of the work carried out under the project
— indirect costs such as: administration, support staff, office supplies,
— VAT and other recoverable types of levy, charge or duty, reimbursed or offset,

infrastructure, goods and services

in one way or other.