Commission Regulation (EC) No 391/2007 of 11 April 2007 laying down detailed rules for the implementation of Council Regulation (EC) No 861/2006 as regards the expenditure incurred by Member States in implementing the monitoring and control systems applicable to the Common Fisheries Policy
Date: 2007-04-11
Institutions: European Commission
Subjects: EU Member State, EU financing, commitment of expenditure, common fisheries policy, fishery management, fishing controls, new technology

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Official Journal of the European Union

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COMMISSION REGULATION (EC) No 391/2007

of 11 April 2007

laying down detailed rules for the implementation of Council Regulation (EC) No 861/2006 as
regards the expenditure incurred by Member States in implementing the monitoring and control
systems applicable to the Common Fisheries Policy

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Having regard to 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 (1), and in particular Article 31
thereof,

Whereas:

(1)

(2)

(3)

(4)

(5)

(6)

The Community has been financing Member States
actions in the field of fisheries control and enforcement
since 1990, in line with the objectives established under
Council Regulation (EC) No 2371/2002 (2).

towards

Improvements
system
throughout the Community will be difficult to achieve
without incentives, in particular when new technologies
are to be tested and introduced where appropriate.

an efficient

control

Evidence shows that the resources of Member States are
inadequate to fulfil their obligations under Regu-
still
lation (EC) No 2371/2002.
In particular, Community
aid to assist Member States is requested in order to
overcome existing differences in their fisheries control
and surveillance capabilities.

Regulation (EC) No 861/2006 provides, amongst other
actions, for Community financial measures for expen-
diture on fisheries control,
inspection and surveillance
for the period 2007 to 2013.

Article 8(a) of Regulation (EC) No 861/2006 provides for
a list of actions undertaken by Member States in the area
of
fisheries control and enforcement which shall be
considered eligible for Community financial assistance.

In view of the principle of sound financial management,
Member States must have clear indications on the rules
from Community
to be followed in order to benefit
financial assistance when incurring on expenditure in
the area of fisheries control and enforcement.

(1) OJ L 160, 14.6.2006, p. 1.
(2) OJ L 358, 31.12.2002, p. 59.

(7)

(8)

It is necessary to ensure that Community funds available
for such actions are allocated efficiently with a view to
in such a way that
reducing identified weaknesses
controls are carried out to a high standard.

Member States should assess their programmes and the
impact of their expenditure on control,
inspection and
surveillance, each year and over the whole period 2007
to 2013.

(9) With the view of simplifying procedures, as of 1 January
2007 claims for reimbursement relating to expenditure
approved
Council Decisions
and 2004/465/EC (5),
95/527/EC (3), 2001/431/EC (4)
shall be submitted in accordance with Annexes VI and
VII to this Regulation.

basis

the

on

of

(10)

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

HAS ADOPTED THIS REGULATION:

Article 1

Subject-matter

This Regulation establishes detailed rules for the implementation
of Regulation (EC) No 861/2006 as regards the Community
financial contribution for expenditure incurred by Member
States
systems
in implementing monitoring and control
applicable to the Common Fisheries Policy in the period
2007 to 2013.

Article 2

Definitions

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

(a)

‘Annual
fisheries control programme’ means an annual
programme drawn up by a Member State in accordance
with Article 20 of Regulation (EC) No 861/2006;

(3) OJ L 301, 14.12.1995, p. 30.
(4) OJ L 154, 9.6.2001, p. 22.
(5) OJ L 157, 30.4.2004, p. 114, corrected by OJ L 195, 2.6.2004,
p. 36. Decision as amended by Decision 2006/2/EC (OJ L 2,
5.1.2006, p. 4).

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(b) ‘Budgetary commitment’ means the operation reserving the
appropriation necessary to cover subsequent payments to
honour a legal commitment;

(b) relate to any of the actions referred to in Article 8(a) of

Regulation (EC) No 861/2006;

(c)

‘Legal commitment’ means the act whereby the authorising
authority of a Member State enters into or establishes an
obligation which results in a charge.

(c) concern projects with a cost exceeding EUR 40 000, VAT
excluded, except where the project concerns an action
referred to in Article 8(a)(ii) or (v) of Regulation (EC)
No 861/2006 or where duly justified;

Article 3

Annual fisheries control programmes

1. Member States wishing to receive a financial contribution
for expenditure incurred under Article 8(a) of Regulation (EC)
No 861/2006 shall notify to the Commission an annual
fisheries control programme by 31 January of each year.

2.
In addition to the information required by Article 20 of
Regulation (EC) No 861/2006, Member States shall state in
their fisheries control programme, for each project:

(a) a yearly forecast of reimbursement requests;

(b) the measures foreseen to make known to the public that the
project received financial support from the Community;

(c) when the project concerns the purchase and modernisation
of vessels and aircraft: the specification of the type of vessel
or aircraft;

(d) a description of all means available by the administration
and control, drawn up in

for
fisheries monitoring
accordance with Annex I.

Detailed rules as to the eligibility of certain actions are set

3.
out in Annexes II, III and IV.

Article 4

Commitment of expenditure

shall

enter

States

budgetary
Member
commitments for actions considered eligible for a financial
contribution under the decision provided for in Article 21 of
Regulation (EC) No 861/2006 within 12 months of the end of
the year in which they were notified of such decision.

legal

into

and

(d) arise from legal and budgetary commitments entered into
by Member States in accordance with Article 4 of
this
Regulation;

(e) concern projects implemented in accordance with Article 8

of this Regulation;

(f) comply with specific Community rules, where those rules

apply.

Article 6

Eligible expenditure related to certain actions

1.
Expenditure incurred on new control technologies shall be
eligible to the extent that it complies with Annex II and it is
used for monitoring and control of fishing activities, as declared
by the Member State concerned.

Expenditure incurred on the purchase and modernisation
2.
of aircraft and vessels shall be eligible to the extent that it
complies with Annex III and it is used for monitoring and
control of fishing activities, as declared by the Member State
concerned, for at least 25 % of their activity.

incurred

Expenditure

exchange
3.
programmes and on seminars and media tools
shall be
eligible to the extent that it complies with Annex IV. Such
expenditure may cover, inter alia:

training

and

on

(a)

fisheries surveillance methodology;

(b) Community legislation governing the Common Fisheries

Policy and, in particular, control;

Article 5

Eligible expenditure

(c)

the use of fisheries control techniques;

In order to be eligible for reimbursement, expenditure shall:

(a) be foreseen in the fisheries control programme; and

(d) the implementation by Member States of

the applicable
control system, in accordance with the Common Fisheries
Policy rules.

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Article 7

Non-eligible expenditure

The request by the Member State shall be accompanied by
2.
a certified copy of the contract between the relevant adminis-
tration and the supplier.

1.
Expenditure shall not be eligible if incurred before January
1 of the year in which the annual fisheries control programme
is submitted to the Commission.

Value added tax (VAT) shall not be eligible for reimburse-

2.
ment.

If a binding legal commitment

3.
is not made by the
competent authority of a Member State within the period laid
down in Article 4 of this Regulation, any advance granted shall
be repaid forthwith.

An indicative list of non-eligible expenditure items is set

3.
out in Annex V.

Article 11

Claims for reimbursement

Article 8

Implementation of projects

Projects shall be started and completed in accordance with
control
schedule

laid down in the

fisheries

annual

1.
the
programme.

The

2.
commencement and termination of projects.

schedule

state

shall

the

foreseen

date

of

Article 9

Non-implementation and delay of projects

When a Member State decides not to implement all or part of
the projects for which a financial contribution has been granted,
or a delay occurs, it shall immediately inform the Commission
in writing, stating:

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

2.
Claims for reimbursement shall include the items listed in
Annex VI and shall be drafted in accordance with the form set
out in Annex VII.

for

3. When submitting claims
reimbursement, Member
States shall verify and certify that the expenditure has been
incurred in compliance with the conditions laid down in Regu-
lation (EC) No 861/2006, this Regulation and in the decision
provided for in Article 21 of Regulation (EC) No 861/2006, and
with Community legislation on the award of public contracts.
The claim shall include a statement concerning the accuracy and
in accordance with the
veracity of the transmitted accounts,
form set out in Annex VII.

(a)

the implications for its annual fisheries control programme,
including those of a financial nature;

4.
Claims for an amount of less than EUR 20 000 shall not
be processed, unless duly justified. Claims may be regrouped.

(b) the reasons for the delay or non-implementation;

(c)

the foreseen new implementation time frame.

Claims

5.
completed in
for projects which were not
accordance with the schedule referred to in Article 8 of this
Regulation may be accepted only where the delay is duly
justified. Where such claims are not accepted, the Community
appropriations shall be de-committed.

Article 10

Advances

At

the

a Member State,

reasoned request of

1.
the
Commission may grant an advance for each project of up to
50 % of
the financial contribution granted in the decision
provided for in Article 21 of Regulation (EC) No 861/2006.
The amount of the advance shall be deducted from any interim
payment as well as from the final payment of the financial
contribution for that project to the concerned Member State.

If

the Commission considers that

the claim does not
6.
comply with the conditions laid down in Regulation (EC) No
861/2006, in this Regulation, in the decision provided for in
Article 21 of Regulation (EC) No 861/2006, or with
it
Community legislation on the award of public contracts,
shall request the Member State to submit its observations on
the matter within a time limit. If the examination confirms non-
compliance, the Commission shall refuse to reimburse all or
part of
issue and, where appropriate,
request reimbursement of undue payments.

the expenditure at

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Article 12

Currency

1.
Fisheries control programmes, claims for reimbursement
of expenditure and claims for payment of advances shall be
expressed in euro.

2.
Reimbursement shall be made in euro on the basis of the
exchange rate published in the C series of the Official Journal of
the European Union of the day on which the payment order or
recovery order is drawn up by the authorising department of
the Commission.

(ii) a forecast of claims for reimbursement for the current

and following year;

(iii) the impact of

the projects on the fisheries control
programmes, by applying the indicators listed in the
programme;

(iv) any adjustments made to the original fisheries control

programme.

(b) By 31 March 2014, submit

to the Commission a final

assessment report covering the following:

3. Member States not participating in the third stage of
Economic and Monetary Union shall specify the exchange rate
used.

(i) the projects completed;

(ii) the cost of projects;

Article 13

Audits and financial corrections

Member States shall provide the Commission and the Court of
Auditors with any information those institutions may request
for the audits and financial corrections referred to Article 28 of
Regulation (EC) No 861/2006.

Article 14

Reports from the Member States

1. Member States shall send the Commission information
enabling it to verify the use made of the financial contribution
and to assess the impact on control, inspection and surveillance
activities of the measures provided for in this Regulation.

2. Member States shall also:

(a) By 31 March each year, submit

to the Commission an
intermediate assessment report on their fisheries control
programme for the previous year covering the following:

(iii) the impact of

the fisheries control programmes, by

applying the indicators listed in the programmes;

(iv) any adjustments made to the original fisheries control

programmes;

(v) the impact of the financial contribution on fisheries
control programmes over the whole period 2007 to
2013.

Article 15

Transitional provisions

As of 1 January 2007, claims for reimbursement relating to the
financial contribution for expenditure approved on the basis of
Decisions 95/527/EC, 2001/431/EC and 2004/465/EC shall be
submitted in accordance with Annexes VI and VII to this Regu-
lation.

Article 16

Entry into force

(i) the projects completed and the rate of execution of the

fisheries control programme;

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

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

Done at Brussels, 11 April 2007.

For the Commission

Joe BORG
Member of the Commission

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ANNEX I

Description of means available to the Member State for fisheries monitoring and control

The description of means available to the Member State for fisheries control, as referred to in Article 3(2)(d) of this
Regulation, shall include the following:

(a) a brief description of the administrative bodies in charge of fisheries control at national, regional and local level;

(b) a brief description of human resources, equipments (in particular the number of vessels, aircraft and helicopters
available) and main actions undergone the year before to fulfil the duties under the rules of the Common Fisheries
Policy;

(c)

the yearly budget allocated to fisheries control, expressed in euro with details on investments and on running costs of
means used for fisheries control (data by category, including human resources).

ANNEX II

Indicative list of eligible expenditure items relating to the implementation of control technologies

The following expenditure is considered eligible:

(a) Purchase of, installation and technical assistance for, computer technology and setting up of IT networks, including
remote sensing capability, in order to allow efficient and secure data exchange in connection with monitoring, control
and surveillance of fisheries activities. Expenditure incurred on technical assistance is covered during two years as
from the installation.

(b) Purchase and installation of:

(i) Automatic localisation devices enabling vessels to be monitored at a distance by a fisheries monitoring centre

through a vessel monitoring system (VMS);

(ii) Electronic recording and reporting devices, allowing electronic transmission of data related to fishing activities.

Devices must be in conformity with the requirements laid down by the relevant Community rules.

(c) Purchase of personal computers, tablet PCs and Personal digital assistants (PDAs) designed to store and process data

related to fishing activities.

(d) Pilot projects relating to new technologies on the control of fisheries activities and their implementation.

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ANNEX III

Indicative list of eligible expenditure items relating to the purchase and modernisation of aircraft and vessels
used for fisheries control purposes

The following expenditure is considered eligible:

(a) Fixed wing aircraft, unmanned aerial vehicles and helicopters and their equipment designed for fisheries control
purposes. In particular, detection, communication and navigation equipment and software which is installed on
board and which is a part of vessels or aircraft used for inspection and surveillance of fisheries activities and that
enable data exchange between the vessels or aircraft and the fisheries control authorities;

(b) Equipment replacing obsolete equipment designed to improve efficiency for fisheries control. The cost incurred in

modernizing the engine room, wheelhouse boarding and launching facilities is also eligible;

(c) Boarding boats (such as seariders and RIBs),

launching davits and cranes
(inclusive of hydraulic systems and installation), changes to the main vessel in order to adapt to the boarding boats
(such as reinforcement of the deck and superstructure);

including installed equipment, engines,

(d) Major items for the propulsion system of the vessel, such as propeller systems, gear boxes, new main engines and

auxiliary engines;

(e) Equipment securing the confidentiality of communications such as encryption equipment and scramblers;

(f) Water-proofed Personal Computers installed on board.

ANNEX IV

Indicative list of eligible expenditure items relating to training and exchange programmes, seminars and media
tools

(a) The following expenditure is considered eligible:

(i) Renting of lecture rooms;

(ii) Purchase or hiring of equipment used for training and seminars;

(iii) Fees of trainers not acting in their capacity as Member State or Community civil servants;

(iv) Travel and subsistence costs incurred by inspectors, public prosecutors,

judges and fishermen attending the

courses as well as by training staff;

(v) Any expenditure related to purchase or printing of material required for seminar, training or media such as

books, posters, CDs, DVDs, videos, leaflets, banners.

(b) Expenditure is eligible to the extent that it is eligible for reimbursement in conformity with relevant national rules.

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ANNEX V

Indicative list of non-eligible expenditure items

The following expenditure is considered non-eligible:

(a) Renting and leasing contracts;

(b) Equipment which is not used exclusively for fisheries control purposes, such as personal computers, laptops, scanners,
printers, mobile phones, telephone standards, walkie-talkies, measure tapes, rules and other similar equipment, videos
and cameras;

(c) Articles of clothing and footwear, such as uniforms, protecting suits, etc. and general personal equipment;

(d) Running and maintenance costs, such as telecommunication costs, financial interests, insurance premiums, fuel;

(e) Spare parts needed to keep in service any eligible item;

(f) Vehicles and motorbikes;

(g) Buildings and sites;

(h) Salaries and indemnities.

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ANNEX VI

Content of claims for reimbursement

Claims for reimbursement shall include the following:

(a) A letter stating the total amount claimed for reimbursement. This letter shall clearly state:

(i) The Commission Decision to which it refers (relevant Article and Annex);

(ii) The amount claimed to the Commission in euro, VAT excluded;

(iii) The type of claim (pre-finance, interim payment, final payment);

(iv) The bank account to which the transfer should be done.

(b) A statement of expenditure, using the form established in Annex VII (one per Commission Decision).

(c) A list including the following information:

(i) The name(s) of the project(s) and reference to the annual fisheries control programme(s) on which it (they) was

(were) included;

(ii) The reference of the contract to which invoices are related to;

(iii) A list of the enclosed invoices related to the project (number of invoices and amounts, VAT excluded).

(d) With regard to each project for which reimbursement is claimed:

(i) Original or certified copy of invoices;

(ii) If invoices are not quoted in euro, the exchange rate applied;

(iii) The original or certified copy of, the proof of payment of each invoice enclosed;

(iv) A document stating future instalments (where applicable) and their foreseen payment dates;

(v) Certified copy of the contract related to the invoice;

(vi) The yearly use of the vessel, aircraft or unmanned aerial vehicle used for fisheries control, in percentage terms

and in days;

(vii) Information on public procurement: the photocopy of the tender notices published in the Official Journal of the
European Union shall be enclosed. If notices have not been published in the Official Journal of the European Union,
the beneficiary shall certify that the Community legislation on public procurements has been respected and shall
justify why Community procedures have not been followed. Expenditure incurred on vessels and aircraft to be
used fully or partly for fisheries control purposes cannot benefit from any exemption from Community
procurement rules with reference to Article 296 of the Treaty establishing the European Community;

(viii) A brief description of the action, stating in detail what has been achieved, accompanied by a brief assessment of
the impact of the investment on fisheries control and surveillance. A forecast of the future use of the items shall
also be included;

(ix) In the case of expenditure on pilot projects or media tools, the final report or document should be included;

(x) In case of training and seminars, any relevant information on the subject, speakers, participants, shall be

mentioned.

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ANNEX VII

Statement of expenditure