Corrigendum to 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 (codified version) ( OJ L 387, 29.12.2006 )
Date: 2007-02-07
Institutions: European Commission
Subjects: aid system, aquaculture, fishing industry, producer organisation, production aid, terms for aid

7.2.2007

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Official Journal of the European Union

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Corrigendum to 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
(codified version)

(Official Journal of the European Union L 387 of 29 December 2006)

Regulation (EC) No 1985/2006 should read as follows:

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

(Codified version)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(3)

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 arrange-
ments regarding Community structural assistance in the fisheries
sector (1), and in particular Article 15(4) thereof,

Whereas:

(1)

(2)

(EC) No

908/2000

Commission Regulation
of
2 May 2000 laying down detailed rules for calculating aid
granted by Member States to producer organisations in
the fisheries and aquaculture sector (2) has been substan-
tially amended (3). In the interests of clarity and rational-
ity 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 recog-
nised 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
products (4).

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 pro-
ducer 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.

The aid for which an association of producer organisa-
tions may qualify should be limited to a maximum over-
all 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 improve-
ment plan by a producer organisation.

Detailed rules should be laid down governing the reim-
bursement 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 3759/92 (5).

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

(4)

(5)

(6)

(7)

HAS ADOPTED THIS REGULATION:

Article 1

(1) OJ L 337, 30.12.1999, p. 10. Regulation as last amended by Regula-

tion (EC) No 485/2005 (OJ L 81, 30.3.2005, p. 1).

(2) 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).

(3) See Annex I.
(4) OJ L 17, 21.1.2000, p. 22. Regulation as last amended by Regulation

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

(5) OJ L 388, 31.12.1992, p. 1. Regulation repealed by Regulation (EC)

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

No 104/2000.

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Article 2

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

To calculate the average price referred to in paragraph 1(b),
3.
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,

(a) producers who were members of the organisation when it
was recognised and who have remained members through-
out the year to which the aid application relates;

or, failing that,

(b) producers who joined the organisation after it was recogn-
ised 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 mar-
keted 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,

by

(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 estab-
lishing itself and operating, falling within the following headings:

(a)

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

(b) expenditure on checking compliance with the rules referred

to in Article 5(1) of Regulation (EC) No 104/2000;

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

(d) expenditure on correspondence and telecommunications;

(e)

expenditure on office equipment and depreciation or expen-
diture on leasing such equipment;

(b)

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

(f)

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

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

(g)

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;

(a) on the basis of available supporting commercial and

accounting documents,

(h) expenditure on insurance relating to staff transport and

administrative buildings and contents.

or, failing that,

2.
The producer organisation shall have the option of spread-
ing the expenses referred to in paragraph 1 over the years dur-
ing which the aid is granted.

(b) by means of a flat-rate valuation by the competent authori-
ties of the Member State, on the basis of parameters deter-
mined in advance depending on the types of production
involved.

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

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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 Regula-
tion (EC) No 104/2000, falling within the following headings:

(a)

expenditure in connection with preliminary studies, draw-
ing up and amending the plan;

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

Regulation;

The amount of the administrative expenses as defined in
3.
paragraph 1 must be established on the basis of supporting com-
mercial 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 Janu-
ary 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 con-
cerned for the period 2000 to 2006.

Article 7

(c)

expenditure on measures to inform members about techni-
cal means and skills for improving quality;

Regulation (EC) No 908/2000 is repealed.

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

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

2.
The producer organisation shall have the option of spread-
ing the expenses referred to in paragraph 1 over the years dur-
ing which the aid is granted.

This Regulation shall enter into force on the 20th day following
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