Commission Regulation (EC) No 1985/2006 of 22 December 2006 laying down detailed rules for calculating aid granted by Member States to producer organisations in the fisheries and aquaculture sector
Date: 2006-12-22
Institutions: European Commission
Subjects: aid system, aquaculture, fishing industry, producer organisation, production aid, terms for aid

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Commission Regulation (EC) No 1985/2006 

of 22 December 2006 

laying down detailed rules for calculating aid granted by Member States to producer 
organisations in the fisheries and aquaculture sector 

THE COMMISSION OF THE EUROPEAN COMMUNITIES, 

Having regard to the Treaty establishing the European Community, 

Having  regard  to  Council  Regulation  (EC)  No  2792/1999  of  17  December  1999  laying  down  the 
detailed rules and arrangements regarding Community structural assistance in the fisheries sector1, 
and in particular Article 15(4) thereof, 

Whereas: 

(1) 

(2) 

(3) 

Commission  Regulation  (EC)  No  908/2000  of  2  May  2000  laying  down  detailed  rules  for 
calculating  aid  granted  by  Member  States  to  producer  organisations  in  the  fisheries  and 
aquaculture sector2 has been substantially amended3. In the interests of clarity and rationality 
the said Regulation should be codified. 

Article  15(1)  of  Regulation  (EC)  No  2792/1999  lays  down  the  general  conditions  for 
granting  and  financing  aid  from  the  Member  States  to  producer  organisations  recognised 
under Article 5 and, where appropriate, specifically recognised under Article 12 of Council 
Regulation  (EC)  No  104/2000  of  17  December  1999  on  the  common  organisation  of  the 
markets in fishery and aquaculture products4. 

To ensure that such aids are granted and financed under identical conditions, detailed rules 
should  be  laid  down  for  calculating  the  value  of  the  production  marketed  by  producer 
organisations  and  the  administrative  expenses  of  such  organisations  and  such  calculations 
should be done on the basis of supporting accounting documents. In view of the difficulty of 
obtaining such documents in some cases, however, a flat-rate method should be available by 
way of an alternative. 

1 

2 

3 
4 

OJ  L  337,  30.12.1999,  p.  10.  Regulation  as  last  amended  by  Regulation  (EC)  No  485/2005  (OJ  L  81, 
30.3.2005, p. 1). 
OJ L 105, 3.5.2000, p. 15. Regulation as amended by Regulation (EC) No 2438/2000 (OJ L 280, 4.11.2000, p. 
37). 
See Annex I. 
OJ L 17, 21.1.2000, p. 22. Regulation as amended by the 2003 Act of Accession. 

                                                 
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(4) 

(5) 

(6) 

(7) 

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

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

Detailed  rules  should  be  laid  down  governing  the  reimbursement  of  the  Community 
contribution  towards  aid  granted  by  Member  States  after  1  January  2000  on  the  basis  of 
Articles 7 and 7b of Council Regulation (EEC) No 3759/925. 

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

HAS ADOPTED THIS REGULATION: 

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

Article 1 

Article 2 

1. Members whose production can be taken into account for the application of Article 15(1)(a) of 
Regulation (EC) No 2792/1999 shall be: 

(a) 

(b) 

producers  who  were  members  of  the  organisation  when  it  was  recognised  and  who  have 
remained members throughout the year to which the aid application relates; 

producers who joined the organisation after it was recognised and who have been members 
for the last nine months of the year to which the aid application relates. 

2. An association of producer organisations may be granted aid under Article 15(1)(a) of Regulation 
(EC) No 2792/1999 up to a maximum of EUR 180 000. 

Article 3 

1.  To  calculate  the  aid  provided  for  in  Article  15(1)(a)(i)  of  Regulation  (EC)  No  2792/1999,  the 
value of production marketed by the producer organisation shall be established on a flat-rate basis, 
for each year, by multiplying for each product covered by the organisation: 

(a) 

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

5 

OJ L 388, 31.12.1992, p. 1. Regulation repealed by Regulation (EC) No 104/2000. 

                                                 
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by 

(b) 

the weighted average producer price obtained by those producers during the same period, 
calculated per 100 kg net. 

2.  To  calculate  the  average  production  referred  to  in  paragraph  1(a),  the  production  marketed  by 
members during each of the three years mentioned therein shall be determined: 

(a) 

on the basis of available supporting commercial and accounting documents, 

or, failing that, 

(b) 

by means of a flat-rate valuation by the competent authorities of the Member State, on the 
basis of parameters determined in advance depending on the types of production involved. 

3.  To  calculate  the  average  price  referred  to  in  paragraph  1(b),  the  average  price  obtained  by 
producers  for  each  of  the  three  years  concerned  shall be  determined  by the  competent services of 
the Member State: 

(a) 

on the basis of available supporting commercial and accounting documents, 

or, failing that, 

(b) 

by calculating the average annual price for each product on the principal market in the area 
of activity of the producer organisation in question. 

Article 4 

1.  The  administrative  expenses  within  the  meaning  of  Article  15(1)(a)(ii)  of  Regulation  (EC)  No 
2792/1999 shall be the expenditure actually paid by the producer organisation in establishing itself 
and operating, falling within the following headings: 

(a) 

(b) 

(c) 

(d) 

(e) 

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

expenditure on checking compliance with the rules referred to in Article 5(1) of Regulation 
(EC) No 104/2000; 

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

expenditure on correspondence and telecommunications; 

expenditure  on  office  equipment  and  depreciation  or  expenditure  on  leasing  such 
equipment; 

(f) 

expenditure on the means of transport available for the organisation's staff; 

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(g) 

(h) 

rent  or,  in  the  case  of  purchase,  interest  charges  actually  paid  and  other  expenditure  and 
charges  arising  from  occupation  of  the  premises  used  for  the  administrative  operation  of 
the producer organisation; 

expenditure  on  insurance  relating  to  staff  transport  and  administrative  buildings  and 
contents. 

2.  The  producer  organisation  shall  have  the  option  of  spreading  the  expenses  referred  to  in 
paragraph 1 over the years during which the aid is granted. 

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

Article 5 

1.  The  expenses  referred  to  in  Article  15(1)(b)  of  Regulation  (EC)  No  2792/1999  shall  be  the 
expenditure actually paid by the producer organisation for drawing up and implementing the quality 
improvement plan approved  under  Article  12 of  Regulation  (EC)  No  104/2000,  falling  within  the 
following headings: 

(a) 

(b) 

(c) 

(d) 

expenditure in connection with preliminary studies, drawing up and amending the plan; 

expenditure referred to in Article 4(1)(c), (d) and (e) of this Regulation; 

expenditure  on  measures  to  inform  members  about  technical  means  and  skills  for 
improving quality; 

expenditure on establishing and implementing a system for checking compliance with the 
measures adopted by the organisation for applying the quality improvement plan. 

2.  The  producer  organisation  shall  have  the  option  of  spreading  the  expenses  referred  to  in 
paragraph 1 over the years during which the aid is granted. 

3. The amount of the administrative expenses as defined in paragraph 1 must be established on the 
basis  of  supporting  commercial  and  accounting  documents  clearly  showing  that  the  expenditure 
relates to implementing the plan. 

Article 6 

In the case of aid decided on by Member States after 1 January 2000 on the basis of Articles 7 and 
7b  of  Regulation  (EEC)  No  3759/92,  reimbursement  shall  be  made  in  the  context  of  the 
programming of the Structural Funds for the Member State concerned for the period 2000 to 2006. 

Regulation (EC) No 908/2000 is repealed. 

Article 7 

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References to the repealed Regulation shall be construed as references to this Regulation and shall 
be read in accordance with the correlation table in Annex II. 

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

Article 8 

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

Done at Brussels, 22 December 2006. 

For the Commission 
The President 
José Manuel BARROSO 

 
 
 
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ANNEX I 

Repealed Regulation with its amendment 

Commission Regulation (EC) No 908/2000 

(OJ L 105, 3.5.2000, p. 15) 

Commission Regulation (EC) No 2438/2000 

(OJ L 280, 4.11.2000, p. 37) 

_____________

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ANNEX II 

CORRELATION TABLE 

Regulation (EC) No 908/2000 

This Regulation 

Article 1 

Article 2 

Article 3 

Article 4 

Article 5 

Article 6, first paragraph 

Article 6, second paragraph 

Article 6, third paragraph 

_____ 

Article 7 

_____ 

_____ 

Article 1 

Article 2 

Article 3 

Article 4 

Article 5 

_____ 

_____ 

Article 6 

Article 7 

Article 8 

Annex I 

Annex II 

_____________