Commission Regulation (EC) No 2003/2006 of 21 December 2006 laying down detailed rules for the financing by the European Agricultural Guarantee Fund (EAGF) of expenditure relating to the common organisation of the markets in fishery and aquaculture products
Date: 2006-12-21
Institutions: European Commission
Subjects: aquaculture, common organisation of markets, expenditure, financing, fishery product, fund (EU)

28.12.2006

EN

Official Journal of the European Union

L 379/49

COMMISSION REGULATION (EC) No 2003/2006

of 21 December 2006

laying down detailed rules for the financing by the European Agricultural Guarantee Fund (EAGF)
of expenditure relating to the common organisation of the markets in fishery and aquaculture
products

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EC) No 104/2000 of 17
December 1999 on the common organisation of the markets in
fishery and aquaculture products (1), and in particular Article
35(3) thereof,

Whereas:

(1)

(2)

(3)

(4)

Article 3(2)(f) of Council Regulation (EC) No 1290/2005
of 21 June 2005 on the financing of the common agri-
cultural policy (2) provides that European Agricultural
Guarantee Fund (EAGF) expenditure relating to fisheries
markets is to be managed in a centralised manner.

Article 35 of Regulation (EC) No 104/2000 specifies the
types of expenditure that are incurred by the Member
States.

The financing of this expenditure follows the rules of
centralised direct management between the Commission
and the Member States.

In order to ensure that Community funds are soundly
managed and to protect the financial
interests of the
Community, Regulation (EC) No 1290/2005 contains
certain obligations for Member States concerning the
management and control of
these funds, as well as
providing information regarding their legal and adminis-
trative framework for fulfilment of these obligations and
to recover undue amounts if irregularities are detected in
the management of
the
Communities' financial interests in relation to the expen-
diture financed under Article 35 of Regulation (EC) No
104/2000 are protected by the relevant rules pertaining
to the protection of those interests in Council Regulation
(EC, Euratom) No 1605/2002 of 25 June 2002 on the
Financial Regulation applicable to the general budget of

funds. Furthermore,

these

(5)

(6)

(7)

(8)

by

the

the European Parliament and of

the European Communities (3), Regulation (EC) No
the
1073/1999 of
Council of 25 May 1999 concerning investigations
European Anti-Fraud Office
conducted
(OLAF) (4), Council Regulation (Euratom,
EC) No
2185/96 of 11 November 1996 concerning on-the-
the
spot
the European Com-
Commission in order to protect
munities'
fraud and other
interests against
irregularities (5) and Council Regulation (EC, Euratom)
No 2988/95 of 18 December 1995 on the protection
of the European Communities financial interests (6).

carried out by

and inspections

financial

checks

because

financial
States

in
flows,
To ensure sound management of
particular
themselves
the Member
mobilise, in a first step, the funds to cover the expen-
diture referred to in Article 35 of Regulation (EC) No
104/2000 before
their
the Member States
expenditure on a biannual basis,
should collect the relevant information concerning the
expenditure
to the Commission
together with the declaration of expenditure.

the Commission reimburses

transmit

and

it

The Commission should reimburse Member States bian-
nually on the basis of those declarations of expenditure
and the supporting documents to that declaration.

To enable the Commission to make efficient use of infor-
mation from the Member States, that information should
be sent electronically.

To avoid the application of different exchange rates for
aid paid to producer organisations in currencies other
than the euro, on the one hand, and in the declaration
of expenditure, on the other, Member States concerned
should apply the same exchange rate in their declarations
of expenditure as that used when making those payments
to the beneficiaries. The exchange rates applicable must
be laid down according to operative events as defined by
Commission Regulation (EC) No 1925/2000 establishing
the operative events for the exchange rates to be applied
when calculating certain amounts provided for by the
mechanisms of Council Regulation (EC) No 104/2000
on the common organisation of the market in fishery
and aquaculture products (7).

(1) OJ L 17, 21.1.2000, p. 22. Regulation as last amended by Regu-

lation (EC) No 1759/2006 (OJ L 335, 1.12.2006, p. 3).

(2) OJ L 209, 11.8.2005, p. 1. Regulation as last amended by Regu-

lation (EC) No 320/2006 (OJ L 58, 28.2.2006, p. 42).

(3) OJ L 248, 16.9.2002, p. 1.
(4) OJ L 136, 31.5.1999, p. 1.
(5) OJ L 292, 15.11.1996, p. 2.
(6) OJ L 312, 23.12.1995, p. 1.
(7) OJ L 230, 12.9.2000, p. 7.

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Official Journal of the European Union

28.12.2006

(9)

In order to provide a legal basis for the payments made
in the first reference period, it is appropriate to apply this
Regulation with retroactive effect as from 16 October
2006,

The reference periods shall be the six-month periods from
3.
16 October until 15 April and from 16 April until 15 October.

HAS ADOPTED THIS REGULATION:

Article 1

Subject matter

This Regulation lays down detailed rules for the application of
Council Regulation (EC) No 104/2000 as regards the financing
by the European Agricultural Guarantee Fund (EAGF) of expen-
diture incurred by Member States under the common organ-
the markets in fishery and aquaculture products.
isation of

The

declaration

incorporate
4.
corrections to the amounts declared for previous reference
periods.

expenditure may

of

The competent authorities of

the Member States shall
5.
submit
their declaration of expenditure together with the
information, referred to in paragraph 2, to the Commission
electronically, respectively on 10 May and 10 November at
the latest.

Article 5

Biannual payments

Article 2

Definitions

1.
The appropriations necessary to finance the expenditure
shall be made available to Member States by the Commission in
the form of biannual reimbursements, (hereinafter referred to as
‘biannual payments’).

For the purposes of this Regulation the following definition
shall apply:

‘Expenditure’ means expenditure incurred by the Member
States as referred to in Article 35(1) of Regulation (EC) No
104/2000.

Article 3

Competent authority

Each Member State shall designate its competent authority for
the implementation of
to the
Commission.

this Regulation and notify it

Article 4

Declarations of expenditure

Each Member State shall draw up a declaration of expen-
1.
diture in accordance with the model
in the Annex. The
declaration of expenditure shall consist of a statement, broken
down according to the nomenclature of
the
European Communities and by type of expenditure on the
to the
basis of a detailed nomenclature made available
Member States. It shall cover:

the budget of

(a)

the expenditure incurred during the previous six-month
reference period;

(b) total expenditure incurred from the beginning of

the
the previous six-month

financial year until
reference period.

the end of

The amounts of the biannual payments shall be fixed in the
the declaration of expenditure submitted by the
basis of
Member States in accordance with Article 4.

Biannual payments shall be made to each Member State
2.
within 60 days after the complete declaration of expenditure by
the Member State has been received by the Commission. The
declaration shall be deemed complete if the Commission does
not request further information within 30 days from receipt of
declaration.

3.
Until they receive transfer of the biannual payments from
the Commission, the Member States shall mobilise the resources
required to undertake expenditure.

Article 6

Exchange rates to be applied

The exchange rate to be used by Member States for their
recently
declaration of expenditure shall be the rate most
to the
fixed by the European Central Bank (ECB) prior
corresponding operative events as defined in Regulation (EC)
No 1925/2000.

Article 7

Entry into force and application

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

Each Member State shall collect all

2.
relevant to the declaration of expenditure.

the information

It shall apply from 16 October 2006.

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L 379/51

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

Done at Brussels, 21 December 2006.

For the Commission

Joe BORG
Member of the Commission

L 379/52

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Official Journal of the European Union

28.12.2006

ANNEX

DECLARATION OF EXPENDITURE

Data broken down according to the nomenclature of the budget of the European Communities and by type of
expenditure

Content of declaration of expenditure to be transmitted to the Commission by electronic mail

Header of the declaration

The header of the declaration comprises:

— an identifier of the message type and of the Member State transmitting the data (N.B.: this will be used to verify that
the user forwarding the declaration is actually entitled to do so on behalf of the Member State concerned). The
identifier will be sent to you by the Commission,

— the period of expenditure covered by the declaration,

— the language of the declaration.

Body of the declaration

The body of the declaration comprises the following for each sub-item of the EAGF nomenclature:

— the identifier of the sub-item (e.g. 110201002610033),

— the wording of the sub-item in the language chosen in the header of the declaration,

— the amount declared for the period concerned (N) and the cumulative amount declared since the start of the financial

year. All amounts must be declared in Euro.

End section

The following appears after the list of all the sub-items:

— the total amount declared for the period concerned (N) and the total cumulative amount declared since the start of the

financial year,

— space for comments.

Syntax of the message

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Official Journal of the European Union

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Description of the fields

Name

Format

Description

Header of the declaration: occurrence of data = 1

[IDENTIFICATION] *
[PERIOD] *
[LANGUAGE] *

Date (YYYYMM)
(2 characters)

Body of the declaration: occurrence of data = 1 to n

[SUBITEM] *
[DESCRIPTION] *
[AMOUNT ] *
[AMOUNT CUMUL] *

End section: occurrence of data = 1

[AMOUNT TOT ] *
[AMOUNT CUMUL TOT] *
[COMMENT]

Fields marked with an asterisk are compulsory.

Number (15)
Free text (600)
Number (15,2)
Number (15,2)

Number (15,2)
Number (15,2)
Free text (80)

Example

Identification code given by DG FISH
Expenditure period
ISO code for the language

Sub-item
Wording of the sub-item
Amount declared
Cumulative amount

Total amount declared
Cumulative total amount
Comments