Council Regulation (EC) No 861/2006 of  22 May 2006  establishing Community financial measures for the implementation of the common fisheries policy and in the area of the Law of the Sea
Date: 2006-05-22
Institutions: Council of the European Union
Subjects: EU financing, common fisheries policy, fishery management

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I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EC) No 861/2006

of 22 May 2006

establishing Community financial measures for the implementation of the common fisheries policy
and in the area of the Law of the Sea

THE COUNCIL OF THE EUROPEAN UNION,

(4)

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

establishing the European

Having regard to the proposal from the Commission,

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

Whereas:

(1)

(2)

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)
provides that the common fisheries policy (CFP)
is to
ensure the exploitation of living aquatic resources in a
manner
that provides sustainable economic, environ-
mental and social conditions.

In implementing the CFP pursuant to Regulation (EC) No
2371/2002 and its implementing regulations, a crucial
objective is to make Community financial intervention in
the sector more effective. Greater complementarity and
more streamlined, uniform and coordinated procedures,
both within the Community and in relations with third
countries and international organisations, are essential to
ensuring the consistency and relevance of such financial
intervention.

(3)

is necessary to take account of

It
the objectives
previously established in the 2002 CFP reform, which
have been supplemented by sectoral
legal and policy
instruments.

(5)

(6)

(7)

(8)

(9)

In addition it is necessary to adapt Community legis-
lation to those objectives and to the orientations of the
financial framework for the period 2007 to 2013, while
the same time ensuring compliance with Council
at
Regulation (EC, Euratom) No 1605/2002 of 25 June
2002 on the Financial Regulation applicable to the
the European Communities (3) and
general budget of
Commission Regulation (EC, Euratom) No 2342/2002
of 23 December 2002 laying down detailed rules for
the
(EC,
Euratom) No 1605/2002 (4), and with the requirements
of simplification and better regulation.

of Council Regulation

implementation

Community expenditure may take, inter alia, the form of
a financing decision, a Community grant agreement, a
public procurement contract, Memoranda of Under-
standing and administrative arrangements in compliance
with the procedures
laid down in Regulation (EC,
Euratom) No 1605/2002.

In addition, account should be taken of the conclusions
of the Agriculture and Fisheries Council of 19 July 2004
on Fisheries Partnership Agreements.

It is necessary to clearly define the objectives, areas of
action and expected results for Community funding.

It is necessary to provide for rules governing the elig-
the Community
ibility of expenditure,
terms on which it
financial
should be made available.

contribution and the

the level of

It is of common interest that Member States are equipped
in such a way that controls are carried out to a high
that Member States
standard.
to ensure
accomplish their obligation under the CFP rules,
the
Community should support the Member States in their
investments in the control area.

In order

(1) Opinion of 15 December 2005 (not yet published in the Official

Journal).

(2) OJ L 358 31.12.2002, p. 59. Regulation as last amended by Regu-

lation (EC) No 1242/2004 (OJ L 236, 7.7.2004, p. 1).

(3) OJ L 248, 16.9.2002, p. 1.
(4) OJ L 357, 31.12.2002, p. 1. Regulation as last amended by Regu-
lation (EC, Euratom) No 1261/2005 (OJ L 201, 2.8.2005, p. 3).

(11)

(12)

(13)

(14)

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(10)

It is necessary to ensure the availability of the financial
means needed for the Commission to monitor the imple-
mentation of the CFP.

(17)

The Community should also make a contribution to the
budget of the Community Fisheries Control Agency for
the implementation of
the
Agency, including for equipment and running costs and
for expenditure necessary to carry out its duties.

the annual work plan of

Fisheries management depends on the availability of data
concerning the biological state of fish stocks and the
activity of fishing fleets. The collection of data carried
out by the Member States which is needed to conduct
the CFP, and additional studies and pilot projects carried
out by the Commission,
supported by
Community financial contributions.

should be

In order to improve governance within the CFP and in
order to ensure the effective establishment of Regional
Advisory Councils (RACs) pursuant to Council Decision
2004/585/EC (6), it is essential for RACs to be supported
financially during their start-up phase and for a contri-
bution to be made to their interpreting and translation
costs.

(18)

In order to ensure coordination of the work of the RACs
with that of ACFA, it is necessary to facilitate the parti-
cipation of a representative of ACFA in the meetings of
the RACs.

(19)

To achieve the objectives of the CFP, the Community
plays an active role in the work of international organi-
sations and concludes fisheries agreements,
including
partnership agreements in the fisheries sector.

Financial resources should be made available to obtain
scientific advice on a regular basis from the international
responsible
scientific organisations
coordinating
for
in waters where Community
investigations
fisheries
fleets operate.

(20)

It is essential for the Community to contribute to the
funding of measures designed to ensure long-term
fisheries
conservation and sustainable exploitation of
resources on the high seas and in third country waters.

The reform of the CFP has resulted in new demands for
scientific advice, in particular concerning the adoption of
an ecosystem approach and the management of mixed
fisheries.
compensation should be made
available to allow the recognised experts in those fields
or the institutions for which they work to meet those
additional demands.

Financial

(21)

Expenditure associated with the preparation, follow-up,
monitoring, audit and evaluation activities necessary for
the implementation and the assessment of the measures
within the scope of this Regulation and the achievement
technical
of
assistance financial measures.

should be covered under

its objectives

(15) With a view to promoting dialogue and communication
with the fisheries sector and other interest groups, it is
important to ensure that the industry and other stake-
the
holders are informed at a very early stage of
initiatives planned and that the objectives of the CFP
and measures relating to it are clearly presented and
explained.

(16)

the tasks of

In view of
the Advisory Committee on
Fisheries and Aquaculture (ACFA), which was renewed
the
under Commission Decision
European professional organisations
in
ACFA should be given financial support to prepare the
meetings of ACFA in order to improve the coordination
of national organisations at European level and ensure
greater
industry cohesion on topics of Community
interest.

1999/478/EC (5),

represented

(22)

It is necessary to establish procedures in respect of the
contents of Community and national programmes for
the different measures under the relevant areas of the
CFP.

(23)

It is appropriate to establish the rates of the financial
contribution of the Community to the expenditure of
the Member States.

(24) A financial

framework should be established for the
period 2007 to 2013 in conformity with the Commu-
nication from the Commission to the Council and the
European Parliament entitled ‘Building our Common
Future — Policy Challenges and Budgetary Means of
the Enlarged Union 2007 to 2013’.

(5) OJ L 187, 20.7.1999, p. 70. Decision as amended by Decision

(6) OJ L 256, 3.8.2004, p. 17. Decision as amended by Commission

2004/864/EC (OJ L 370, 17.12.2004, p. 91).

Decision 2006/191/EC 2006 (OJ L 66, 8.3.2006, p. 50).

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(25)

In relation to the actions financed under this Regulation,
it is necessary to ensure the protection of Community
financial interests by the proper application of the legis-
lation pertaining to the protection of those interests, and
to ensure that appropriate checks are carried out by
Member States and by the Commission.

(a) control and enforcement of CFP rules;

(b) conservation measures, data collection and improvement of
scientific advice concerning the sustainable management of
fisheries resources within the scope of the CFP;

(26)

To ensure the effectiveness of Community financing,
this Regulation should be
actions
regularly evaluated.

funded under

(c) governance of the CFP;

(27)

(28)

The measures necessary for the implementation of this
Regulation 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 (7).

Council Regulation (EC) No 657/2000 of 27 March
2000 on closer dialogue with the fishing sector and
groups affected by the common fisheries policy (8),
Council Decision 2000/439/EC 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 (9) and Council Decision
2004/465/EC of 29 April 2004 on a Community
financial contribution towards Member States’ fisheries
control programmes (10) should be repealed with effect
from 1 January 2007,

(d) international relations in the area of the CFP and the Law of

the Sea.

CHAPTER II

OBJECTIVES

Article 3

General objectives

The Community financial measures referred to in Chapter III
shall
the following general
objectives:

specifically contribute towards

(a)

improving the administrative capacity and the means for
control and enforcement of CFP rules;

HAS ADOPTED THIS REGULATION:

(b) improving the collection of data necessary for the CFP;

CHAPTER I

SUBJECT-MATTER AND SCOPE

Article 1

Subject-matter

This Regulation establishes the framework for Community
financial measures for the implementation of
the common
fisheries policy (the CFP) and the Law of the Sea (hereinafter
referred to as Community financial measures).

(c)

improving the quality of scientific advice for the purposes of
the CFP;

(d) improving

the
management of
purposes of the CFP;

technical
assistance
the Community fishing fleet

supporting
for

the
the

Article 2

Scope

(e)

improving the involvement of the fisheries sector and other
interest groups in the CFP and promoting dialogue and
communication between them and the Commission;

This Regulation shall apply to Community financial measures in
the following areas:

(f)

(7) OJ L 184, 17.7.1999, p. 23.
(8) OJ L 80, 31.3.2000, p. 7.
(9) OJ L 176, 15.7.2000, p. 42. Decision as amended by Decision

2005/703/EC (OJ L 267, 12.10.2005, p. 26).

implementing measures relating to Fisheries Partnership
Agreements and other bilateral or multilateral agreements
the CFP, and in particular towards
for the purposes of
fisheries resources in third
ensuring the sustainability of
country waters and on the high seas;

(10) OJ L 157, 30.4.2004, p. 114. Corrected version in OJ L 195,
amended by Decision

last

2.6.2004, p. 36. Decision as
2006/2/EC (OJ L 2, 5.1.2006, p. 4).

(g)

implementing measures relating to the Law of the Sea.

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Article 4

Specific objectives in the area of control and enforcement

Community financial measures referred to in Article 8 shall
contribute to the objective of improving the control of fishing
activities in order to ensure effective implementation of the CFP
within and outside Community waters by financing the
following actions:

Community financial measures referred to in Article 13 shall
contribute to the following objectives:

(a) safeguarding employment in the regions of the Community

dependent on fishing;

(b) securing the continued existence and competitiveness of the

Community’s fisheries sector;

(a) actions taken by Member States to enhance capacity or
fisheries control

in their

reduce identified weaknesses
activities;

(b) evaluation and control by Commission services of the appli-
cation of the rules of the CFP by the Member States;

(c) coordinating control measures, in particular through plans
inspection and
the Community Fisheries

joint deployment of national

for
surveillance units by way of
Control Agency (CFCA).

the

Article 5

Specific objectives in the area of data collection and
scientific advice

Community financial measures referred to in Articles 9, 10 and
11 shall contribute to the objective of improving the collection
and management of the data and scientific advice required to
assess the state of the resources, the level of fishing and the
impact that fisheries have on the resources and the marine eco-
system and the performance of the fishing industry, within and
outside Community waters, by providing financial support to
the Member States to establish multi-annual aggregated and
science based datasets which incorporate biological, technical,
environmental and economic information.

Article 6

Specific objectives in the area of governance

the CFP,

Community financial measures referred to in Article 12 shall
contribute to the objective of involving stakeholders at all stages
of
from conception to implementation, and of
informing them about the objectives of, and measures relating
to, the CFP, including, where appropriate, their social economic
impact.

Article 7

Specific objectives in the area of international relations

1.
agreements,

In the area of the negotiation and conclusion of fisheries
agreements

partnership

including

fisheries

(c) developing,

the fisheries

through partnership,

resource
management and control capacities of third countries to
ensure sustainable fishing and promoting the economic
development of the fisheries sector in those countries by
the
improving the scientific and technical evaluation of
fishing
fisheries concerned, monitoring and control of
activities, health conditions and the business environment
in the sector;

(d) ensuring adequate supply for the Community market.

In the area of the Community’s involvement in regional
2.
and international organisations, Community financial measures
referred to in Article 13 shall contribute to the conservation
and sustainable exploitation of fishery resources at international
level by adopting appropriate management measures for these
resources.

CHAPTER III

COMMUNITY FINANCIAL MEASURES

Article 8

Measures in the area of control and enforcement

In the area of control and enforcement of CFP rules,
following
shall be
financial measures:

the
for Community

expenditure

eligible

(a) expenditure incurred by Member States in implementing the
monitoring and control systems applicable to the CFP for:

(i)

investments relating to control activities carried out by
administrative bodies or by the private sector including
implementation of new control technologies and the
purchase and modernisation of control means;

(ii)

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

(iii) implementation of pilot

inspection and observer

schemes;

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(iv) cost/benefit analysis as well as assessment of audits
performed and expenditure incurred by competent
authorities in carrying out monitoring, control and
surveillance;

(v)

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

such as

(b) expenditure relating to administrative arrangements with the
Joint Research Centre, or any other Community consultative
body, to analyse the implementation of new technologies;

(c) all operational

expenditure

related to inspection, by
Commission inspectors, of the implementation of the CFP
by the Member States, and in particular inspection missions,
safety equipment and training of inspectors, meetings and
the charter or purchase by the Commission of inspection
means;

(d) contribution to the budget of

the Community Fisheries
Control Agency (CFCA) to cover staff, administrative and
operating expenditure relating to the annual work plan of
CFCA,
including communication costs and expenditure
linked to space technology.

Article 9

Measures in the area of basic data collection

1.
In the area of basic data collection, Community financial
measures shall apply to the expenditure incurred by the Member
States for the collection and management of the basic fisheries
data for the purposes of:

(i)

evaluating the activities of the various fishing fleets and
changes in the fishing power;

— specify procedures that will produce aggregated data,

— ensure that the data used to produce aggregated data
remains available for any recalculations, whenever
needed;

(iii)

estimating the total volume of catches per stock and vessel
group,
including discards where appropriate and, where
appropriate, classifying such catches by geographical area
and time period;

(iv)

estimating the abundance and distribution of stocks. Such
estimates may be based on commercial fisheries data as
well as data collected using scientific research at sea;

(v)

evaluating the impact of fishing activities on the envir-
onment;

(vi)

evaluating the economic and social
catching sector;

situation of

the

(vii) allowing the monitoring of the prices associated with the
various landings and reflecting all landings at ports inside
and outside the Community, as well as imports;

(viii) evaluating the economic and social

the
processing and aquaculture industry on the basis of
studies and samples sufficiently large to safeguard the
reliability of the estimate.

situation of

The basic data defined in paragraph 1(viii) shall

2.
such as the following:

include

(a) As regards fishing fleets:

(i)

income from sales and other revenue;

(ii) production costs;

(ii)

preparing summaries using the data collected under the
other Community legislation concerning the CFP, and
collecting additional information to:

(iii) data enabling the jobs at sea to be counted and clas-

sified.

— establish, based on sampling where necessary, data
collection programmes additional to any such obli-
gations under the other Community legislation or for
spheres of activity not covered by any such obli-
gations,

(i) production expressed in volume and value terms for
product categories to be determined in accordance
with the procedure referred to in Article 30(2);

(b) As regards the fish processing industry:

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(ii)

the number of enterprises and the number of jobs;

(iii) changes in production costs and their composition.

(b) expenditure relating to administrative arrangements with the
Joint Research Centre, or any other Community consultative
body, to provide the secretariat for the Scientific, Technical
and Economic Committee for Fisheries (STECF), to conduct
the pre-analysis of the data and to prepare the data to
evaluate the situation of the fisheries resources;

Article 10

Measures in the area of additional data collection

1.
In the area of additional data collection, the Commission
may carry out studies and pilot projects. The spheres of activity
which may be eligible for Community financial measures shall
include:

(c)

indemnities paid to the members of the STECF and/or the
experts invited by the STECF for their participation and
work performed during the working groups and plenary
sessions;

(a) methodological studies and projects aimed at optimising
and standardising methods of collecting data defined in
Article 9;

(d) indemnities paid to independent experts providing the
Commission with scientific advice or providing training to
administrators or stakeholders in the interpretation of the
scientific advice;

(b) exploratory data collection projects in particular in the areas
of aquaculture, the relationship of fisheries and aquaculture
with the environment and the capacity of fishing and aqua-
culture industries to create jobs;

(e) contributions to international bodies in charge of stock

assessments.

(c) economic

and bio-economic

analyses

connected with
including
evaluation of the impact of the CFP;

under
planned
and management plans

decisions

recovery

and simulations
the CFP,
and the

(d) selectivity of fisheries including the selectivity linked to the
design of fishing gears and fisheries techniques and exam-
ination of the relationships 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 managing the links between fishing activities

and aquaculture and aquatic ecosystems.

2.
The financing of all studies and pilot projects carried out
pursuant to paragraph 1 may not exceed 15 % of the annual
appropriations authorised for the actions financed under Article
9 and this Article.

Article 11

Measures in the area of scientific advice

In the area of scientific advice, the following expenditure shall
be eligible for Community financial measures:

Article 12

Measures in the area of governance

In the area of governance, the following expenditure shall be
eligible for Community financial measures:

(a)

travelling and accommodation costs of members of
the
European trade organisations required to travel in order to
prepare meetings of the Advisory Committee on Fisheries
and Aquaculture (ACFA);

(b) the

cost of

the participation of

representatives
designated by the ACFA to represent it at meetings of the
Regional Advisory Councils (RACs);

the

(c) operating costs during the start-up phase (five years) and
translation and interpreting costs of the RACs as provided
for in Decision 2004/585/EC;

(d) costs of explaining the objectives and measures of the CFP,
and in particular Commission proposals, and of dissemi-
nating relevant
information in this field to the fishing
industry and other groups concerned at the initiative of
the Commission, including the following actions:

(a) expenditure for partnership contracts with national research

institutions for the provision of scientific advice;

(i) producing and disseminating documentary material
tailored to the specific needs of the groups concerned
(written, audiovisual and electronic material);

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concerning
through the

(ii) providing very wide access to data and explanatory
Commission
in
material
proposals
the DG
Fisheries Internet website and producing a regular publi-
cation, as well as organising information and training
seminars for opinion formers.

particular
development of

Article 13

Measures in the area of international relations

In the area of international relations, the following expen-

1.
diture shall be eligible for Community financial measures:

(a) expenditure arising from the fisheries agreements and
fisheries partnership agreements which the Community
has negotiated or intends to renew or negotiate with third
countries;

(b) expenditure arising from the Community’s compulsory
contributions to the budgets of international organisations;

(c) expenditure

incurred in Community membership and
voluntary funding provided to the United Nations organi-
sations as well as expenditure related to the Community
membership and voluntary funding provided to any inter-
national organisation active in the field of the Law of the
Sea;

(d) voluntary financial contributions to preparations for new
international organisations or international treaties which
are of interest to the Community;

(e) voluntary financial contributions

to scientific work or
programmes carried out by international organisations
which are of special interest to the Community;

(f)

informal or
financial contributions to activities (working,
the contracting parties) which
extraordinary meetings of
uphold the interests of
the Community in international
organisations and strengthen cooperation with its partners
in these organisations. In this connection, the costs of parti-
cipation by representatives of third countries in negotiations
and meetings within international forums and organisations
shall be borne when their presence becomes necessary for
Community interests.

2. Measures financed under paragraph 1(a) and (b) shall be
implemented in particular on the basis of regulations and
fisheries agreements
decisions relating to the conclusion of

and/or protocols between the Community and third countries,
and regulations and decisions relating to the signature by the
Community of agreements on international
fisheries organi-
sations.

Article 14

Technical assistance

Community financial measures may cover expenditure asso-
ciated with the preparation, follow-up, monitoring, audit and
evaluation activities necessary for the implementation and the
assessment of the measures within the scope of this Regulation
and the achievement of its objectives, e.g. studies, meetings,
experts, information, awareness-raising, training and publication
activities, expenditure associated with information technology
including computer networks for the exchange of information,
expenditure for temporary staff, and any other administrative or
technical assistance expenditure that
the Commission may
incur.

CHAPTER IV

RATES OF CO-FINANCING

Article 15

Rates of co-financing in the area of monitoring and control
systems

As regards Community financial measures referred to in Article
8(a), the rates of co-financing shall not exceed 50 % of eligible
for the actions referred to in Article
expenditure. However,
the purchase of vessels and
8(a)(i), with the exception of
aircraft,
(iii) and (v), the Commission may decide a rate in
excess of 50 % of the eligible expenditure.

Article 16

Rates of co-financing in the area of basic data collection

As regards Community financial measures referred to in Article
9, the rate of co-financing shall not exceed 50 % of the cost of
the eligible public expenditure incurred in carrying out a
programme as provided for in Article 23(1).

Article 17

Rates of co-financing in the area of additional data
collection

As regards Community financial measures referred to in Article
10, the rate of co-financing shall not exceed 50 % of the eligible
costs in the case of measures carried out following a call for
proposals. 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.

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Article 18

(b) the human resources available;

Rates of financing of travelling and accommodation costs
of ACFA members

As regards Community financial measures referred to in
1.
Article 12(a) and (b), the rate of financing shall be determined
in accordance with paragraphs 2 and 3 of the present Article.

(c)

the financial resources available;

(d) the number of vessels and aircraft available;

2.
Drawing rights will be allocated, under a financing
agreement with the Commission, to each trade organisation
which is a member of the ACFA plenary,
in proportion to
entitlements within the plenary committee of the ACFA and
depending on the financial resources available.

3.
Those drawing rights and the average cost of a journey by
a member of a trade organisation shall determine the number of
for which each organisation may be financially
journeys
responsible for
the purpose of preparing meetings. Some
20 % of the amount of the drawing right shall be retained at
a flat-rate by each organisation to cover its organisational and
administrative costs strictly linked with the organisation of the
preparatory meetings.

CHAPTER V

FINANCING PROCEDURES

SECTION 1

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

sought;

(f)

the overall expenditure planned for carrying out
projects;

the

(g) a schedule for completion of each project

listed in the

annual fisheries control programme;

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

the programme.

2.
For each project the fisheries control programme shall
specify one of the actions referred to in Article 8(a) and the
aim, description, owner, location, estimated cost, administrative
procedure to be followed and the timetable for its achievement.

As regards vessels and aircrafts,

3.
programme shall also specify:

the fisheries control

Procedures in the area of monitoring and control systems

Article 19

Introductory provision

(a)

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

financial

contribution to the national
The Community
programmes adopted by the Member States when implementing
the monitoring and control systems applicable to the CFP shall
be provided in accordance with the procedures set out in this
Section.

(b) how many hours or days over a year they are likely to be

used for fishery control purposes;

(c)

in the case of modernisation, their life expectancy.

Article 20

Programming

Article 21

Commission decision

1.
Applications by Member States for Community financial
measures shall be submitted to the Commission by 31 January
of each year.

Such applications shall be accompanied by an annual fisheries
control programme containing the following information:

(a)

the objectives of the annual fisheries control programme;

the

fisheries

On the basis of

1.
control programmes
submitted by the Member States, decisions on the Community
financial contribution to the national programmes shall be
taken each year, in accordance with the procedure referred to
in Article 30(2).

2.
The decisions referred to in paragraph 1 shall give priority
to the actions which are most appropriate in order to improve
efficiency in monitoring, control and surveillance activity, taking
also into account the performance of Member States in imple-
menting programmes already approved.

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3.

The decisions referred to in paragraph 1 shall fix:

3.

The decisions referred to in paragraph 1 shall fix:

(a)

the global amount of
the financial contribution to be
granted to each Member State for the actions referred to
in Article 8(a);

(a)

the global amount of
the financial contribution to be
granted to each Member State for the actions referred to
in Article 9;

(b) the rate of the financial contribution;

(b) the rate of the financial contribution;

(c) any condition applying to the financial contribution arising

from Community rules.

(c) any condition applying to the financial contribution arising

from Community rules.

SECTION 2

Procedures in the area of data collection

Article 22

Introductory provision

The Community financial contribution to the expenditure
incurred by the Member States
collection and
management of the basic fisheries data referred to in Article
9 shall be provided in accordance with the procedures set out
in this Section.

the

for

CHAPTER VI

ALLOCATION OF FUNDS

Article 25

Budgetary resources

Annual appropriations shall be authorised by the budgetary
authority within the limit of the financial framework.

Article 23

Programming

Article 26

Accumulation of Community support

1.
A Community programme shall be defined in accordance
with the procedure referred to in Article 30(2), covering the
essential information needed for scientific evaluations.

2.
Each Member State shall draw up a national programme
of collection and management of data. The programme shall
describe both the collection of detailed data and the processing
needed to produce aggregated data in accordance with the
objectives set out in Article 5.

Each Member

3.
in its national
shall
programme the elements relating to it as foreseen under the
Community programme drawn-up under paragraph 1.

include

State

4. Member States may apply to the Community for financial
assistance for those parts of their national programmes that
correspond to the elements of
the Community programme
with which they are concerned.

Article 24

Commission decision

On the basis of

1.
submitted by the
Member States, decisions on the Community financial contri-
bution to the national programmes shall be taken each year, in
accordance with the procedure referred to in Article 30(2).

the programmes

financed under

this Regulation shall not

receive
Actions
instruments. The
assistance from other Community financial
beneficiaries of this Regulation shall provide the Commission
with information about any other funding received and of
ongoing applications for funding.

CHAPTER VII

CONTROL AND EVALUATION

Article 27

Protection of Community financial interests

fraud, corruption and any other

1.
The Commission shall ensure that, when actions financed
under this Regulation are implemented, the financial interests of
the Community are protected by the application of preventive
measures against
illegal
activities, by effective checks and by the recovery of any
amounts unduly paid and,
irregularities are detected, by
if
in accordance
effective, proportional and dissuasive penalties,
with Council Regulation (EC, Euratom) No 2988/95 of 18
December 1995 on the protection of the European Commu-
interests (11), Council Regulation (Euratom, EC)
nities financial
No 2185/96 of 11 November 1996 concerning on-the-spot
checks and inspections carried out by the Commission in
order to protect the European Communities’ financial interests
against fraud and other irregularities (12) and Regulation (EC) No
1073/1999 of the European Parliament and of the Council of
25 May 1999 concerning investigations conducted by the
European Anti-Fraud Office (OLAF) (13).

2.
The decisions referred to in paragraph 1 shall give priority
to the actions which are most appropriate in order to improve
the collection of data necessary for the CFP.

(11) OJ L 312, 23.12.1995, p. 1.
(12) OJ L 292, 15.11.1996, p. 2.
(13) OJ L 136, 31.5.1999, p. 1.

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For the Community actions financed under this Regu-
2.
lation, Regulation (EC, Euratom) No 2988/95 and Regulation
(Euratom, EC) No 2185/96 shall apply to any infringement of a
provision of Community law,
including infringements of a
contractual obligation under the programme, resulting from
an act or omission by an economic operator, which has, or
would have, the effect of prejudicing the general budget of
the Communities or budgets managed by them, on account
of an unjustified item of expenditure.

3.
The Commission shall reduce, suspend or recover the
amount of financial assistance granted for an action if it finds
irregularities, including non-compliance with the provisions of
this Regulation or the individual decision or the contract or
agreement granting the financial support in question, or if it
transpires that, without Commission approval having being
sought,
the action has been subjected to change which
conflicts with its nature or with its implementing conditions.

Article 28

Audits and financial corrections

1. Without prejudice to audits carried out by the Member
States in accordance with national laws, regulations and admin-
istrative provisions, officials of
the
Court of Auditors, or their representatives, may carry out on-
the-spot audits on actions financed by this Regulation at any
time with a minimum of ten working days’ notice, except in
urgent cases,
for a period up to three years after the final
payment made by the Commission.

the Commission and of

with all relevant
final beneficiary.

information regarding the identity of

that

For this purpose, all related documents shall be kept available
by the beneficiaries for a period up to three years after the final
payment.

The Commission may also require the Member State concerned
to carry out on-the-spot audits on actions financed under
Articles 8 and 9. Officials of
the
Court Auditors, or their representatives, may take part in such
audits.

the Commission and of

If the Commission considers that Community funds have
2.
not been used in accordance with the conditions laid down in
this Regulation or in any other applicable Community act,
it
shall notify the beneficiaries,
including any final beneficiaries
within the meaning of paragraph 1, who shall have one
month from the date of such notification to send their obser-
vations to the Commission.

If the beneficiaries do not reply within that period or if their
observations do not lead the Commission to modify its opinion,
the Commission shall reduce or cancel the financial contri-
bution granted or suspend payments.

Any amount unduly paid shall be repaid to the Commission.
Interest shall be added to any sums not repaid in due time
under the conditions laid down in Regulation (EC, Euratom)
No 1605/2002.

Officials of the Commission and of the Court of Auditors, or
their representatives, duly empowered to carry out on-the-spot
audits, shall have access to the books and all other documents,
including documents and metadata drawn-up or received and
recorded on an electronic format
relating to expenditure
financed by this Regulation.

The Commission shall ensure that suitable arrangements
3.
exist for the control and audit of the actions financed pursuant
to Articles 53(7) and 165 of Regulation (EC, Euratom) No
1605/2002.

The aforementioned powers of audit shall not affect the appli-
cation of national provisions which reserve certain acts for
agents specifically designated by national
legislation. Officials
of the Commission and of the Court of Auditors, or their
representatives, shall not take part, inter alia, in home visits or
the formal questioning of persons within the framework of the
national legislation of the Member State concerned. However,
they shall have access to information thus obtained.

Under

4.
the principle of national sovereignty, only by
agreement with the third country may the Commission carry
out, or have carried out, financial audits of funds paid to third
countries for measures financed under Article 13(a).

Article 29

Evaluation and reporting

The actions

1.
monitored regularly in order to follow their implementation.

this Regulation will be

financed under

If any Community financial support granted under this Regu-
lation is subsequently allocated to a third party as a final bene-
ficiary,
the
Community financial support, shall provide the Commission

the initial beneficiary, being the recipient of

The Commission shall ensure the regular,

2.
external evaluation of the actions financed.

independent,

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The Commission shall submit to the European Parliament

3.
and the Council:

The period laid down in Article 4(3) of Decision 1999/468/EC
shall be set at 20 working days.

(a) an interim evaluation report on the results obtained and the
qualitative and quantitative aspects of the implementation of
the actions financed under this Regulation no later than 31
March 2011;

(b) a Communication on the continuation of

the actions
financed under this Regulation no later than 30 August
2012;

(c) an ex-post evaluation report no later than 31 December

2014.

CHAPTER VIII

FINAL PROVISIONS

Article 30

Committee

The Commission shall be assisted by the Committee for
1.
Fisheries and Aquaculture provided for in Article 30(1) of Regu-
lation (EC) No 2371/2002 (hereinafter
referred to as the
Committee).

3.

The Committee shall adopt its Rules of Procedure.

Article 31

Implementing rules

Detailed rules for the application of this Regulation may be
drawn-up in accordance with the procedure referred to in
Article 30(2)
for the measures provided for in Articles 8(a)
and 9.

Article 32

Repeal of obsolete acts

Regulation (EC) No 657/2000 and Decisions 2000/439/EC and
2004/465/EC are hereby repealed with effect from 1 January
2007.

Article 33

Entry into force

This Regulation shall enter into force on the 20th day following
its publication in the Official Journal of the European Union.

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

It shall apply from 1 January 2007 until 31 December 2013.

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

Done at Brussels, 22 May 2006.

For the Council
The President

J. PRÖLL