Corrigendum to Council Decision 2004/465/EC of 29 April 2004 on a Community financial contribution towards Member States fisheries control programmes (OJ L 157, 30.4.2004)
Date: 2004-06-02
Institutions: Council of the European Union
Subjects: EU aid, common fisheries policy, conservation of fish stocks, financial aid, fishery resources, fishing controls

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Corrigendum to Council Decision 2004/465/EC of 29 April 2004 on a Community financial contribution
towards Member States fisheries control programmes

(Official Journal of the European Union L 157 of 30 April 2004)

Decision 2004/465/EC should read as follows:

COUNCIL DECISION
of 29 April 2004
on a Community financial contribution towards Member States fisheries control programmes

(2004/465/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Commu-
nity, and in particular Article 37 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament (1),

Whereas:

and outside Community waters. It identified remote con-
trol technologies as a tool to better achieve the control
objectives under CFP and extended the obligation for
remote monitoring by means of vessel monitoring systems
to vessels more than 15 metres overall.

(6) With effect from the date of accession the CFP rules will
apply to new Member States which should be able to com-
ply with all the requirements laid down by Community
law, in particular in the control field. Those new Member
States should be given the means to enable them to carry
out their obligations.

(1)

(2)

(3)

(4)

(5)

The common fisheries policy (CFP) sets out general rules
on the conservation, management and responsible exploi-
tation, and processing and marketing of living aquatic
resources.

Specific objectives and rules are set out in particular in
Council Regulation (EC) No 2371/2002 of 20 December
2002 on the conservation and sustainable exploitation of
fisheries resources under the common fisheries policy (2).

Responsibility for ensuring that activities carried out within
the scope of the CFP comply with those rules lies prima-
rily with Member States.

Member States should have the requisite human and finan-
cial resources to discharge their responsibility for control-
ling fishing activities and enforcing the CFP rules.

Regulation (EC) No 2371/2002 stressed the need to fur-
ther improve control of fishing activities in order to fight
by any means against illegal and undeclared fishing within

(7)

(8)

(9)

The Community has been granting financial assistance to
Member States since 1990 to make controls more efficient
and effective and in particular to introduce and extend
remote-control technology and information technology
networks, to improve staff skills and to equip competent
authorities with patrol vessels and surveillance aircraft.

The current financial scheme pursuant to Council Decision
2001/431/EC of 28 May 2001 on a financial contribution
by the Community to certain expenditure incurred by the
Member States in implementing the control, inspection
and surveillance systems applicable to the common fisher-
ies policy (3) expired at the end of 2003. There is evidence,
however, that the resources of Member States are still
inadequate.

It is of paramount importance to ensure that CFP rules are
effectively enforced throughout the Community. It appears
that some of those involved in the administrative or penal
procedures are not always fully aware of the need to
impose sanctions, which are dissuasive in order to avoid
overexploitation of fishing stocks. It is therefore appropri-
ate to promote actions to focus attention on this issue.

(1) Opinion delivered on 1 April 2004 (not yet published in the Official

Journal).

(2) OJ L 358, 31.12.2002, p. 59.

(3) OJ L 154, 9.6.2001, p. 22.

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(10) Regulation (EC) No 2371/2002 underlined the need to
enhance cooperation and coordination among Member
States and with the Commission in order to strengthen
control and discourage behaviour contrary to CFP rules. A
structure designed to organise cooperation and coordina-
tion of control activities and of means dedicated to con-
trol purposes is expected to be operational in 2006.

(11)

It is therefore appropriate to continue to provide financial
support to Member States until that time. It is necessary to
ensure that Community funds are allocated efficiently with
a view to reducing identified weaknesses. The funds should
be used in accordance with the principle of sound finan-
cial management.

(12) A financial reference amount, within the meaning of point
34 of the Interinstitutional Agreement of 6 May 1999
between the European Parliament, the Council and the
Commission on budgetary discipline and improvement of
the budgetary procedure (1), is included in this Decision for
the entire duration of the period for which financial assis-
tance is to be provided, without thereby affecting the pow-
ers of the budgetary authority as defined by the Treaty.

(13) Member States should assess their programmes and the
impact of their expenditure on control, inspection and sur-
veillance, each year and over the whole period covered by
this Decision and Decision 2001/431/EC.

(14) Transitional measures should be established for claims for
reimbursement of expenditure on the basis of Decision
2001/431/EC.

(15) To ensure continuity with Decision 2001/431/EC, this

Decision should apply from 1 January 2004,

HAS ADOPTED THIS DECISION:

Article 1

Subject matter

This Decision establishes the conditions under which the Com-
munity may grant a financial contribution to Member States for
their fisheries control programmes.

Article 2

Definitions

For the purpose of this Decision the following definitions shall
apply:

1.

‘financial contribution’ means a financial contribution paid
by the Community to a Member State pursuant to this
Decision;

(1) OJ C 172, 18.6.1999, p. 1. Agreement as amended by Decision
2003/429/EC of the European Parliament and of the Council
(OJ L 147, 14.6.2003, p. 25).

2.

‘fisheries control programme’ means a programme drawn up
by a Member State for monitoring, control and surveillance
in fields covered by the common fisheries policy (CFP) as
required by Regulation (EC) No 2371/2002;

3.

‘new Member State’ means a country which accedes to the
Community on 1 May 2004.

Article 3

Annual fisheries control programmes

1. Member States wishing to receive a financial contribution
shall notify to the Commission an annual fisheries control pro-
gramme specifying:

(a)

the objectives of the programme;

(b)

the human resources available;

(c)

the financial resources available;

(d)

the number of vessels and aircraft available;

(e) a list of projects for which a financial contribution is sought;

(f)

the overall expenditure planned for achieving the projects;

(g) a schedule for completion of each project listed in the

programme;

(h) a list of indicators that will be used to assess the efficacy of

the programme.

2.
All Member States shall submit their annual fisheries con-
trol programme by 1 June 2004 for 2004 and by 31 January
2005 for 2005.

Detailed rules on the content of the fisheries control pro-

3.
gramme are set out in Annex I, part A.

Article 4

Actions covered

The projects for which a financial contribution is sought

1.
shall relate to one or more of the following actions:

(a) purchase of, installation and technical assistance for com-
puter technology and setting up of IT networks in order to
allow efficient and secure data exchange in connection with
monitoring, control and surveillance of fisheries activities;

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(b) purchase and fitting on board of fishing vessels of:

Article 6

(i)

electronic localisation devices enabling vessels to be
monitored at a distance by fisheries monitoring centre
through a vessel monitoring system (VMS);

(ii) electronic recording and reporting devices, allowing data

transmission from the vessel;

Decision on financial contribution

On the basis of the fisheries control programmes submitted
1.
by Member States, a decision shall be taken each year, in accor-
dance with the procedure referred to in Article 30(2) of Regula-
tion (EC) No 2371/2002. The decision shall fix:

(a)

the global amount of the financial contribution to be granted
to each Member State for the actions referred to in Article 4;

(c) pilot projects relating to and implementation of new tech-

nologies on the control of fisheries activities;

(b)

the rate of the financial contribution;

(d)

training and exchange programmes of civil servants respon-
sible for monitoring, control and surveillance tasks in the
fisheries area;

(c) any condition applying to the financial contribution.

(e)

implementation of pilot inspection and observer schemes;

(f)

cost/benefit analysis and assessment of overall expenditure
incurred by the competent authorities in carrying out moni-
toring, control and surveillance of fisheries activities;

(g)

initiatives including seminars and media tools aimed at
enhancing awareness among fishermen and other players
such as inspectors, public prosecutors and judges, as well as
among the general public of the need to fight irresponsible
and illegal fishing and on the implementation of CFP rules;

(h) purchase and modernisation of vessels and aircraft used for
inspection and surveillance of fisheries activities by the com-
petent authorities of the Member States.

Detailed rules on the actions covered are set out in Annex I,

2.
part B.

Article 5

Community appropriations

1.
The financial reference amount for the implementation of
the actions for which financial assistance is provided for the
period 2004 to 2005 shall be EUR 70 million. The annual appro-
priations shall be authorised by the budgetary authority within
the limits of the financial perspectives.

2.
In the decision granting a Community financial contribu-
tion provided for in Article 6, the Commission shall give priority
to the actions which it deems most appropriate in order to
improve efficiency in monitoring, control and surveillance activ-
ity, taking also into account the performance of Member States in
implementing programmes already approved.

The rate of the financial contribution shall not exceed 50 %

2.
of eligible expenditure. However:

(a)

for the actions referred to in Article 4(1)(b), the Commission
may decide to grant a lump sum per vessel localisation device
or for a device allowing electronic recording and reporting of
data;

(b)

for the actions referred to in Article 4(1)(c) and (g), the Com-
mission may decide on a rate of contribution higher than
50 % of the eligible expenditure;

(c)

for the actions referred to in Article 4(1)(h) the rate may not
exceed 50 % of the eligible expenditure for the new Member
States and may not exceed 25 % for the existing Member
States.

Article 7

Advances

At the reasoned request of a Member State, the Commission may
grant an advance of up to 50 % of the financial contribution for
one year. The amount of the advance shall be deducted from the
amount of the final payment of the financial contribution to that
Member State.

If a binding commitment is not made by the competent authority
within the period laid down in Article 8, any advance granted
shall be repaid forthwith.

Article 8

Commitment of expenditure

Each Member State shall enter into legal and budgetary commit-
ments within 12 months of the end of the year in which it was
notified of the decision referred to in Article 6.

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Article 9

Implementation of project

which it was incurred. Claims shall be for an amount not less than
EUR 20 000. Claims for an amount less than EUR 20 000 shall
not be processed, unless duly justified.

Projects shall be started in accordance with the schedule laid
1.
down in the annual fisheries control programme and in any case
within one year of the date of the commitment.

Detailed rules on the content of the claims for reimbursement are
set out in Annex I, part C.

2.

The projects shall be completed according to that schedule.

Article 10

Non-implementation of projects

When a Member State decides not to implement all or part of the
projects for which a financial contribution has been granted, it
shall immediately inform the Commission, stating the implica-
tions for its fisheries control programme.

Article 11

Eligible expenditure

1.

In order to be eligible for reimbursement, expenditure must:

(a) be provided for in the fisheries control programme;

(b)

relate to the actions referred to in Article 4;

Claims for projects which were not completed in accor-
2.
dance with the schedule referred to in Article 3(1)(g) may be
accepted only where the delay is duly justified. Where those claims
are not accepted, the Community appropriations may be decom-
mitted. In any event, Community appropriations related to this
Decision shall be decommitted at the latest by 31 December 2008.

3. When submitting claims for reimbursement, Member States
shall verify and certify that the expenditure has been incurred in
compliance with the conditions laid down in this Decision, in the
decision provided for in Article 6 and with the rules on the award
of public contracts. The claim shall include a statement concern-
ing the accuracy and veracity of the transmitted accounts, in
accordance with the form set out in Annex II.

4.
If the Commission considers that the claim does not com-
ply with the conditions referred to in paragraph 3, it shall request
the Member State to submit its observations on the matter. If the
examination confirms non-compliance, the Commission shall
refuse to reimburse all or part of the expenditure at issue and,
where applicable, request reimbursement of advance payments.

(c)

concern projects with a cost exceeding EUR 40 000 except in
respect of an action referred to in Article 4(1)(d) and (g);

Article 13

Currency

(d) arise from legal and budgetary commitments entered into by

Member States in accordance with Article 8;

All fisheries control programmes, claims for reimbursement of
expenditure and claims for payment of advances shall be
expressed in euro.

(e)

concern projects implemented in accordance with Article 9.

2.
Value
reimbursement.

added tax (VAT)

shall not be

eligible

for

Expenditure on projects which benefit from other Commu-

3.
nity aid shall not be eligible.

4.
For the new Member States, expenditure incurred from
1 January 2004 shall be eligible for reimbursement subject to
compliance with conditions set out in this Decision and in the
decision referred to in Article 6.

Member States not participating in the third stage of economic
and monetary union shall specify the exchange rate used.

Reimbursement will be made in euro at the rate for the month in
which the claim is received by the Commission.

Article 14

Information

Article 12

Claims for reimbursement

Member States shall provide the Commission and the Court of
Auditors with any information it may request as regards the
implementation of this Decision and the decision provided for in
Article 6.

1. Member States shall submit to the Commission their claims
for reimbursement of expenditure within nine months of the
date on

They shall keep supporting documents available to the Commis-
sion and the Court of Auditors for at least five years from the date
of reimbursement.

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Article 15

Checks

1. Without prejudice to checks carried out by the Member
States in accordance with national laws, regulations and admin-
istrative provisions, officials of the Commission and of the Court
of Auditors may carry out on-the-spot checks on projects ben-
efiting from a financial contribution.

The Commission may also require the Member State concerned to
carry out on-the-spot checks on projects benefiting from a finan-
cial contribution. Officials of the Commission and of the Court of
Auditors may take part in such checks.

2.
If the Commission considers that Community resources
have not been used in accordance with the conditions laid down
in this Decision or in the decision provided for in Article 6, it shall
inform the Member State concerned. If those considerations are
not refuted, the Commission shall reduce or cancel the financial
contribution to the projects at issue. Any amount unduly paid
shall be repaid to the Commission, together with interest.

(iii) the impact on the fisheries control programmes by
applying the indicators listed in the programme;

(iv) any adjustment to the original programme;

(v)

the impact of the financial contribution on fisheries con-
trol programmes over the whole period from 2001 to
2005.

Article 17

Report to the European Parliament and the Council

On the basis of the information provided by the Member States
pursuant to Article 16, the Commission shall, by 30 June 2007
at the latest, submit to the European Parliament and to the Coun-
cil a report on the application of this Decision and Decision
2001/431/EC.

Article 18

Implementing measures

Article 16

Reports from the Member States

Where appropriate, detailed rules for the implementation of this
Decision shall be adopted in accordance with the procedure
referred to in Article 30(2) of Regulation (EC) No 2371/2002.

Member States shall send the Commission information enabling
it to verify the use made of the financial contribution and to assess
the impact of the measures provided for in this Decision on con-
trol, inspection and surveillance activity.

To that end, they shall submit to the Commission:

(a) before 30 March each year, an intermediate assessment report
on their fisheries control programme for the previous year
covering the following:

(i) projects completed;

(ii)

the cost of projects;

Article 19

Transitional provisions

As of 1 May 2004, claims for reimbursement relating to the finan-
cial contribution for expenditure approved on the basis of
Decision 2001/431/EC shall be submitted in accordance with
Article 12 of Annex I, part C and Annex II to this Decision.

Article 20

Application

This Decision shall apply from 1 January 2004.

(iii) the impact on the fisheries control programmes by
applying the indicators listed in the programme;

Article 21

Addressees

(iv) any adjustment to the original programme.

This Decision is addressed to the Member States.

(b) by 31 December 2006, a final assessment report covering the

following:

(i) projects completed;

(ii)

the cost of projects;

Done at Luxembourg, 29 April 2004.

For the Council
The President
M. McDOWELL

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ANNEX I

Part A

Minimum information requirements for the annual fisheries control programmes as referred to in Article 3

1.

For each project the annual fisheries control programme must specify one of the actions referred to in Article 4 and the
aim, description, owner, location, estimated cost, administrative procedure to be followed and the timetable for its
achievement.

2. As regards the vessels and aircraft as referred to in Article 4(1)(h), the annual fisheries control programme must also

specify:

(a)

to what extent they will be used by the competent authorities for control purposes as a percentage of their use
over a year’s total activity;

(b) how many hours or days over a year they will be used for fishery control purposes;

(c)

in the case of modernisation, their life expectancy.

3. Whenever possible, there must be publicity as regards the financial support from the Community.

Part B

Detailed rules on eligible actions set out in Article 4

1.

2.

3.

Vessel localisation devices referred to in Article 4(1)(b)(i) must be in conformity with the provisions laid down by the
relevant Community rules.

Expenditure incurred for the action provided for in Article 4(1)(d) will be reimbursed to the extent that it is eligible for
reimbursement in conformity with relevant national rules.

Expenditure incurred for purchase of equipment referred to in Article 4(1)(h) may be reimbursed to the extent that it is
used for control of fishing activity, as declared by the Member State concerned.

Rules on claims for reimbursement as referred to in Article 12

Part C

Claims for reimbursement include the following:

1.

2.

3.

4.

a reference to the decision referred to in Article 6 and the table annexed thereto specifying the aid granted;

a list of all the supporting documents classified by project;

the amounts claimed without VAT, classified by project;

a brief description of each project for which a reimbursement is claimed on what has been achieved, accompanied by
an assessment of the impact of the investment on monitoring, control and surveillance activity and a forecast of its use.

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ANNEX II

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