Proposal for a Council Regulation concerning the establishment of a Community framework for the collection, management and use of data in the fisheries sector and support for scientific advice regarding the Common Fisheries Policy.
Date: 2007-04-18
Institutions: European Commission
Subjects: access to information, common fisheries policy, data collection, fishery management, information processing

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 18.4.2007 
COM(2007) 196 final 

2007/0070 (CNS) 

Proposal for a 

COUNCIL REGULATION 

concerning the establishment of a Community framework for the collection, 
management and use of data in the fisheries sector and support for scientific advice 
regarding the Common Fisheries Policy. 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

1) 

CONTEXT OF THE PROPOSALS 

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•  Grounds for and objectives of the proposals 

The goal of the Commission's proposal for a new Council Regulation on data collection in 
the fisheries sector is to develop long-term, well-integrated regional sampling programmes 
covering biological, economic, environmental and social data. The revised data collection 
regulation  is  intended  to  meet  new  demands  generated  by  the  need  to  move  towards 
fisheries management (i.e. fleet- and area-based management, rather than fish stock-based) 
and towards the ecosystem approach to fisheries management. A significant innovation in 
the proposal is the inclusion of collection of environmental data with the primary purpose 
of monitoring the impact of fishing activity on the marine ecosystem. 

The new data collection system will cover all the process, from the collection of the data 
in ports or at sea to its use by the end-users (mainly the scientific community and advisory 
bodies). 

Quality  control  and  validation  of  the  data  collected  is  of  particular  importance.  The 
Commission  considers  that  the  Community  financial  contribution  should  be  made 
conditional  on  quality  control  and  compliance  with  agreed  quality  standards. 
Consequently,  the  Commission  has  introduced  a  financial  penalty  related  to  non-
compliance and poor quality of national programmes. 

The  improvement  of  access  to  data  and  its  use  has  been  also  considered  of  high 
importance including access to additional sets of data such as Vessel Monitoring Satellite 
(VMS) data. New rules have been defined to this end, as well as rules on the use of data to 
protect the interests of the data providers. 

The  simplification  of  the  procedures  are  an  important  goal  as  National  programmes  will 
henceforward be established for a 3-year period; however the possibility should be given 
to the Member States to include amendments when necessary (to take account of increased 
international  coordination,  for  example).  Multi-annual  planning  periods  will  reduce  the 
administrative burden for all parties concerned. 

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•  General context 

The systematic collection of reliable basic data on fisheries is a cornerstone of fish stock 
assessment  and  scientific  advice,  and  consequently  of  critical  importance  for  the 
implementation of the common fisheries policy (CFP). 

The  Commission  has  carried  out  a  review  of  the  current  system  of  the  data  collection 
framework following several years of its implementation. A number of shortcomings were 
identified  which  need  to  be  addressed  urgently  in  order  to  provide  the  scientific 
community  and  fisheries  managers  with  the  data  they  need  to  take  more  effective 
management decisions. 

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•  Existing provisions in the area of the proposal 

Council  Regulation  1543/2000  establishing  the  current  Community  framework  for  the 
collection  and  management  of  the  data  needed  to  conduct  the  CFP.  This  Regulation 
created a first framework designed to consolidate and strengthen data collection activities 
in the Member States. 

•  Consistency with other policies and objectives of the Union 

The proposal relates closely to the environmental aspects of fishing activities. It provides 
the  basic  input  necessary  in  order  to  apply  the  ecosystem  approach  in  fisheries 
management. 

The proposal also takes into consideration the need to simplify the current legislation. 

Moreover,  the  Green  Paper  "Towards  a  future  maritime  policy  for  the  Union:  An 
European  vision  for  the  oceans  and  the  seas"  acknowledges  the  crucial  importance  for 
implementing  an  EU  Marine  Strategy  of  collecting  and  managing  reliable  data  and 
information  on  marine  activities,  as  well  as  their  impact  on  the  resource  base.  It  also 
addresses existing problems of harmonisation and reliability of the data collected as well 
as gaps in monitoring within EU regions. An improved framework for the collection and 
management of data will represent a step in this direction. 

2)  CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT 

  •  Consultation of interested parties 

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Consultation methods, main sectors targeted and general profile of respondents 

First  dialogue  meeting  with  national  data  collection  correspondents  and  directors  of 
fisheries  research  institutes  and  representatives  of  the  scientific  advisory  bodies  (ICES, 
STECF) in Brussels, February 24th. The basic ideas of the proposed changes to the current 
system were presented and thoroughly discussed. 

Second  dialogue  meeting  with  national  data  collection  correspondents  and  directors  of 
fisheries  research  institutes  (Brussels,  July  14th).  A  draft  of  Commission's  proposal  was 
presented and discussed. 

Summary of responses and how they have been taken into account 

Member  States  representatives  and  scientists  generally  were  in  favour  of  the  proposal. 
Points  of  concern  included  penalties  for  non-compliance,  rules  for  access  to  data  and 
definition of surveys. 

Remarks and comments were considered and most were incorporated into the proposal. 

  •  Collection and use of expertise 

There was no need for external expertise. 

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•  Impact assessment 

This proposal concerns the adaptation of existing Community legislation in order to make 
it less burdensome and more effective. 

For these reasons an impact assessment was not considered necessary. 

3)  LEGAL ELEMENTS OF THE PROPOSAL 

•  Summary of the proposed action 

To  substantially  revise  the  current  legal  framework  for  the  collection  of  basic  fisheries 
data and use for scientific advice. 

•  Legal basis 

Article 37 of the Treaty. 

•  Subsidiarity principle 

The  proposal  falls  under  the  exclusive  competence  of  the  Community.  The  subsidiary 
principle therefore does not apply. 

•  Proportionality principle 

The proposal complies with the proportionality principle for the following reason(s). 

Common sets of data at EU regional level and common standards for data collection are 
needed in order to manage a common fisheries resource. 

Nevertheless  the  regulation  is  designed  to  reduce  both  the  administrative  burden  of  the 
systems and its cost to the Member States, in particular through: 

-  multi-annual programmes (no more yearly approval procedures) 

-  a requirement for regional co-ordination between Member States in order to improve 

cost-effectiveness. 

  •  Choice of instruments 

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Proposed instruments: regulation. 

Other means would not be adequate for the following reasons: 

The  need  to  keep  in  place  and  improve  an  existing  framework  for  harmonised  data 
collection. 

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4)  BUDGETARY IMPLICATION 

Member  States  may  apply  for  Community  financial  assistance  for  the  collection, 
management,  transmission  and  use  of  data  for  the  scientific  advice.  The  average  annual 
budget  for  data  collection  and  scientific  advice  is  58  M€  for  the  period  2007-2013.  See 
attached financial statement.  

5)  ADDITIONAL INFORMATION 

•  Simplification 

The proposal provides for simplification of administrative procedures for public authorities (EU 
or national). 

-  national programmes will be established for 3-year periods instead of annual submissions 

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simplify  EU  national  programmes  with  only  one  core,  mandatory  programme  (no  more 
extended optional programme) 

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regional co-ordination for certain data to be collected. 

•  Repeal of existing legislation 

The adoption of the proposal will lead to the repeal of existing legislation. 

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2007/0070 (CNS) 

Proposal for a 

COUNCIL REGULATION 

concerning the establishment of a Community framework for the collection, 
management and use of data in the fisheries sector and support for scientific advice 
regarding the Common Fisheries Policy. 

THE COUNCIL OF THE EUROPEAN UNION, 

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

Having regard to the proposal from the Commission1, 

Having regard to the opinion of the European Parliament2, 

Having regard to the opinion of the European Economic and Social Committee, 

Having regard to the opinion of the Committee of the Regions, 

Whereas: 

(1) 

(2) 

(3) 

 Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and 
sustainable  exploitation  of  fisheries  resources  under  the  Common  Fisheries  Policy3 
provides  for  regular  assessments  by  the  Scientific,  Technical  and  Economic 
Committee for Fisheries (hereinafter referred to as “the STECF”) of the management 
of living aquatic resources, including biological, economic, environmental, social and 
technical considerations. 

The  United  Nations  Food  and  Agriculture  Organisation's  Code  of  Conduct  for 
Responsible  Fisheries  and 
the  Conservation  and 
the  Agreement  relating 
Management  of  Straddling  Fish  Stocks  both  emphasise  the  need  to  develop  research 
and data collection with a view to improving scientific knowledge of the sector. 

to 

In  line  with  the  objectives  of  the  Common  Fisheries  Policy  on  the  conservation, 
management and exploitation of living aquatic resources in non- Community waters, 
the  Community  must  take  part  in  the  efforts  undertaken  to  conserve  fisheries 
resources, notably in accordance with the provisions adopted in Fisheries Partnership 
Agreements  or  by  Regional  Fisheries  Organisations  (hereinafter  referred  to  as  “  the 
RFOs”).  

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OJ C […], p. […]. 
OJ C […], p. […]. 
OJ L 358, 31.12.2002, p. 59. 

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(4) 

(5) 

(6) 

(7) 

On  23.  January  2003,  the  Council  adopted  the  conclusions  concerning  the 
Commission’s Communication to the Council and the European Parliament setting out 
a ‘Community Action Plan to integrate environmental protection requirements into the 
CFP’4  with  guiding  principles,  management  measures  and  a  work  programme,  to 
move towards an ecosystem approach to fisheries management.  

On 13 October 2003, the Council adopted conclusions concerning the Commission’s 
Communication  to  the  Council  and  the  European  Parliament  on  the  improvement  of 
scientific and technical advice for Community fisheries management5, describing the 
Community’s  needs  for  scientific  advice,  setting  out  the  mechanisms  for  providing 
advice,  identifying  the  areas  where  system  needs  to  be  strengthened  and  suggesting 
possible solutions over the short to medium and long term.  

Council  Regulation  (EC)  No  1543/2000  of  29  June  2000  establishing  a  Community 
framework  for  the  collection  and  management  of  the  data  needed  to  conduct  the 
common fisheries policy6 needs to be reviewed in order to take due consideration of a 
fleet based approach towards fisheries management, the need to develop an ecosystem 
approach, the need for improved quality, completeness and broader access to fisheries 
data,  more  efficient  support  for  provision  of  scientific  advice  and  the  promotion  of 
cooperation among Member States.  

The  current  Regulations  in  the  area  of  fisheries  data  collection  and  management,  in 
particular  Council  Regulations  (EEC)  No  °2847/19937  of  12  October  1993 
establishing  a  control  system  applicable  to  the  common  fisheries  policy,  (EC) 
No 779/19978  of  24  April  1997  introducing  arrangements  for  the  management  of 
fishing  effort  in  the  Baltic  Sea,  (EC)  No  104/20009  of  17  December  1999  on  the 
common  organisation  of  the  markets  in  fishery  and  aquaculture  products,  (EC) 
No 2347/200210  of  16  December  2002  establishing  specific  access  requirements  and 
associated conditions applicable to fishing for deep-sea stocks, (EC) No 1954/200311 
of  4  November  2003  on  the  management  of  the  fishing  effort  relating  to  certain 
Community  fishing  areas  and  resources  and  modifying  Regulation  (EC)  No  2847/93 
and repealing Regulations (EC) No 685/95 and (EC) No 2027/95, (EC) No 812/200412 
of 26 April 2004 laying down measures concerning incidental catches of cetaceans in 
fisheries and amending Regulation (EC) No 88/98, and Commission Regulation (EC) 
No 26/200413 of 30 December 2003 on the Community fishing fleet register; include 
provisions on the collection and management of data relating to fishing vessels, their 
activities  and  catches  and  on  price  monitoring,  incidental  catches  of  cetaceans  and 
conditions applicable to deep sea fishing, which should be taken into account in this 
Regulation  if  a  comprehensive  and  coherent  system  of  data  collection  is  to  be 
established. 

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COM(2002)186 
C(2003)625 
OJ L176, 15.7.2000, p. 1. 
OJ  L  261,  20.10.1993,  p.  1.  Regulation  as  last  amended  by  Regulation  (EC)  No  768/2005  (OJL  128, 
21.5.2005, p. 1). 
OJ L 113, 30.4.1997, p. 1. 
OJ L 17, 21.1.2000, p. 22. Regulation as amended by the 2003 Act of Accession. 
OJ L 351, 28.12.2002, p. 6. Regulation as last amended by Regulation (EC) No, 768/2005 (OJ L 128, 
21.5.2005, p. 1). 
OJ L 289, 7.11.2003, p. 1 
OJ L 150, 30.4.2004, p. 12. 
OJ L 5, 9.1.2004, p. 25. 

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(9) 

The data collected for the purposes of scientific evaluation should include biological 
data  covering  catches,  including  discards,  survey  information  on  fish  stocks  and  the 
environmental  impact  that  may  be  caused  by  fishing  and  aquaculture  activities, 
information on fleets and their activities. It should also include data explaining price 
formation and other data which may facilitate an assessment of the economic situation 
of fishing enterprises and the processing industry, and of employment trends in these 
sectors. 

The obligations concerning access to the data covered by this Regulation are without 
prejudice  to  Member  States'  obligations  under  Directive  2003/4/EC  of  the  European 
Parliament and of the Council of 28 January 2003 on public access to environmental 
information  and  repealing  Council  Directive  90/313/EEC14  with  regard  to  the 
environmental information as defined in Article 2(1) of that Directive.  

(10)  Community programmes to collect and manage fisheries data should be implemented 
under  the  direct  responsibility  of  the  Member  States.  Accordingly  Member  States 
should draw up national programmes in line with the Community programme. 

(11) 

In  order  to  protect  and  conserve  living  aquatic  resources  and  their  sustainable 
exploitation,  an  ecosystem  based  approach  to  fisheries  management  should  be 
progressively  implemented.  The  assessment  of  the  interaction  between  fisheries  and 
the environment needs to be further considered, in particular the environmental effects 
of fishing and aquaculture and its repercussions on the ecosystem. 

(12)  Priorities should be established at Community level, as should the procedures for data 
collection  and  processing  within  the  Community,  in  order  to  ensure  that  the  entire 
system is  consistent  and to optimise its cost-effectiveness by creating a stable multi-
annual framework. 

(13)  The  Member  States  should  cooperate  among  themselves,  as  well  as  with  third 
countries, and  coordinate  their national programmes with respect to the collection of 
data regarding the same marine region and regions covering relevant inland waters. 

(14)  The data referred to in this Regulation  should be put into computerised databases so 
that  they  are  accessible  to  authorised  end-users  and  can  be  exchanged.  It  is  in  the 
interest  of  the  scientific  community  that  data  which  does  not  allow  for  personal 
identification is available to any party who has an interest in the analysis of such data. 

(15)  The  implementation  of  national  programmes  to  collect  and  manage  fisheries  data 
requires  significant  expenditure.  The  benefit  of  such  programmes  can  only  be  fully 
realised  at  Community  level.  There  should  therefore  be  provision  for  a  Community 
financial contribution to the  Member States' costs, in accordance Council Regulation 
861/2006  of  22  May  2006  establishing  Community  financial  measures  for  the 
implementation of the Common Fisheries Policy in the area of the Law of the Sea15 

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OJ L 41, 14.2.2003, p. 26. 
OJ L 160, 14.6.2006, p. 1. 

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(16) 

In case the Commission finds that the expenditure concerned is linked to irregularities, 
financial  corrections  will  be  made  in  accordance  with  Article  28  of  Regulation 
861/2006. 

(17)  Managing  fisheries  resources  require  the  processing  of  detailed  data  in  order  to 
address  specific  issues.  In  that  context,  the  request  for  data  should  consider  the 
appropriate level of aggregation in each particular case.  

(18)  Although  no  central  data  base  is  to  be  created  by  the  Commission,  the  Commission 

should have access to the Member States’ databases. 

(19) 

In  order  to  improve  the  reliability  of  scientific  advice  needed  to  conduct  the 
Commission Fisheries Policy (hereinafter referred to as ‘the CFP’), the Member States 
and  the  Commission  need  to  coordinate  and  cooperate  in  the  relevant  international 
scientific bodies. 

(20)  Priority should be given to ensuring the attendance of the relevant scientific experts in 
the expert groups conducting the scientific evaluation needed to conduct the CFP. 

(21)  The  scientific  community  should  be  consulted  and  those  working  in  the  fishing 
industry  and  other  interest  groups  should  be  informed  on  the  implementation  of  the 
data  collection  provisions.  The  appropriate  bodies  in  which  to  gather  the  opinions 
required  are  the  STECF,  established  by  Commission  Decision  2005/62916,  the 
Advisory  Committee  on  Fisheries  and  Aquaculture,  set  up  by  Commission  Decision 
1999/478/EC17,  and  the  Regional  Advisory  Councils  set  up  by  Council  Decision 
2004/585/EC18. 

(22)  The  management  committee  should  ensure  close  cooperation  between  the  Member 
States  and  the  Commission  in  order  to  facilitate  the  correct  implementation  of  this 
Regulation. 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 
Commission19. 

(23)  Based  on  the  past  experience  and  new  needs  it  is  appropriate  to  repeal  Council 

Regulation 1543/2000 and replace it by this Regulation. 

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OJ L 225, 31.8.2005, p. 18. 
OJ  L  187,  20.7.1999,  p.  70.  Decision  as  amended  by  Decision  2004/864/EC  (OJ  L  370,  17.12.2004, 
p. 91). 
OJ L 256, 3.8.2004, p. 17. 
OJ L 184, 17.7.1999, p. 23. 

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HAS ADOPTED THIS REGULATION: 

Chapter I 
General provisions 

Article 1 
Subject-matter 

1. 

This Regulation establishes rules on:  

(a) 

the collection and management, in the framework of multiannual programmes, 
of biological, environmental, economic and social data concerning the fisheries 
sector; 

(b) 

the use, in the framework of the Common Fisheries Policy (hereinafter referred 
to as ‘the CFP’), of data concerning the fisheries sector.  

2. 

This  Regulation  also  lays  down  provisions  for  the  improvement  of  the  scientific 
advice needed for the implementation of the CFP. 

For the purposes of this Regulation, the following definitions shall apply: 

Article 2 
Definitions 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

(h) 

(i) 

“fisheries sector” means activities related to commercial fisheries, recreational 
fisheries, aquaculture and industries processing fisheries products  

“recreational  fisheries”  means  fishing  activities  exploiting  living  aquatic 
resources for recreation or sport;  

“marine  regions”  means  the  geographical areas set out in Annex I to Council 
Decision  2004/585/EC  and  the  areas  established  by  the  regional  fisheries 
organisations;  

"primary data” means data associated with individual vessels, natural or legal 
persons or individual samples; 

“detailed  data”  means  data  based  on  primary  data  in  a  form  which  does  not 
allow natural persons or legal entities to be identified;  

“aggregated data” means the output resulting from summarising the primary or 
detailed data for specific analytic purposes; 

“end-users” means natural or legal persons or organisations with an interest in 
the scientific analysis of data concerning the fisheries sector; 

“fleet-based  sampling”  means  biological,  economic  and  social  data  collection 
surveys based on agreed regional fleet segments;  

“Community  fishing  vessel”  means  a  vessel  as  defined  in  Article  3(d)  of 
Regulation (EC) No 2371/2002. 

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Chapter II 
Collection and management of data in the framework of multi-
annual programmes 

SECTION 1 
COMMUNITY PROGRAMME AND NATIONAL PROGRAMMES 

Article 3 
Community Programme 

1. 

The  Commission  shall  define  a  multi-annual  Community  programme  for  the 
collection of biological, environmental, economic and social data concerning  

(a) 

commercial  fisheries  carried  out  by  Community  fishing  vessels  within  and 
outside Community waters;  

(b) 

recreational fisheries carried out within Community waters;  

(c) 

aquaculture  activities  carried  out  within  the  territories  of  the  Member  States 
and Community waters;  

(d) 

industries processing fisheries products.  

The Community programmes shall be drawn for three-year periods. The first period 
shall cover the period from 2008 to 2010 inclusive.  

Article 4 
National Programmes 

Without prejudice to their current data collection obligations under Community law, 
Member  States  shall  collect  primary  data  from  the  biological,  environmental, 
economic  and  social  domains  within  the  framework  of  a  multi-annual  national 
programme  (hereinafter  referred  to  as  ‘the  national  programme’)  drawn  up  in 
accordance with the Community programme.  

The  national  programme  shall  include,  in  particular,  the  following  matters  as 
provided for in Chapter 2: 

(a) 

national sampling programmes; 

(b) 

a scheme for observers-at-sea, where necessary; 

(c) 

a scheme for surveys-at-sea. 

Member  States  shall  include  in  their  national  programmes  the  procedures  and 
methods to be used in collecting and analysing data and in estimating their accuracy 
and precision. 

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1. 

2. 

3. 

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5. 

Member  States  shall  submit  their  national  programmes  for  approval  by  the 
Commission. They shall submit them by electronic means to the address prescribed 
by the Commission. 

In order to take into account any agreements made at regional level, Member States 
may submit amendments to their national programmes during the programme period. 
Those amendments shall be sent to the Commission at least two months prior to the 
year of implementation.  

6. 

The first national programme shall include the activities for the years 2008 to 2010. 

Article 5 
Coordination and cooperation 

1. 

2. 

3. 

Member States shall coordinate their national programmes with other Member States 
in  the  same  marine  region  and  make  every  effort  to  coordinate  their  actions  with 
third  countries  having  sovereignty  or  jurisdiction  over  waters  in  the  same  marine 
region.  

Member  States  shall,  as  far  as  possible,  build  upon  existing  data  collection 
programmes  and  activities  in  order  to  develop  long-term  integrated  regional 
sampling programmes. 

Member  States  shall  cooperate  with  each  other  and  third  countries  in  the  manner 
prescribed in paragraphs 1 and 2, wherever Community Regulations provide for the 
management of species occurring in inland waters. 

Article 6 
Evaluation and approval of national programmes 

1. 

The  Scientific,  Technical  and  Economic  Committee  for  Fisheries  (STECF)  shall 
evaluate  

(a) 

the  conformity  with  this  Regulation  of  the  national  programmes  and  any 
amendments thereto, and 

(b) 

the scientific relevance of the data to be collected.  

2. 

3. 

If  the  evaluation  by  STECF  indicates  that  a  national  programme  does  not  comply 
with  this  Regulation  or  is  not  scientifically  relevant,  the  Commission  shall 
immediately  inform  the  Member  State  concerned  and  propose  amendments  to  that 
programme.  Subsequently,  the  Member  State  concerned  shall  submit  a  revised 
national programme to the Commission.  

The  Commission  shall  approve  the  national  programmes  on  the  basis  of  the 
evaluation by the STECF and the evaluation of costs carried out by its services. 

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1. 

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6. 

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2. 

Article 7 
Community financial assistance 

Community  financial  assistance  for  national  programmes  shall  be  implemented  in 
accordance with the rules laid down in Regulation (EC) No 861/2006. 

The basic data referred to Article 9 of Regulation (EC) No 861/2006 shall cover only 
those parts of Member States' national programmes that implement the Community 
programme.  

Community financial assistance for national programmes shall only be granted if the 
rules set out in this Regulation are fully respected.  

The  Commission  may,  after  having  afforded  the  Member  States  concerned  an 
opportunity of being heard, reduce Community financial assistance by up to 25% of 
the total annual cost of the national programme in the following circumstances:  

(a)  where  the  national  programmes  are  not  submitted  to  the  Commission  by  the 

prescribed deadline; 

(b)  where the national programme is incomplete;  

(c)  where an official request for data has been made by an end-user and the data 

are not delivered on time to the end-user concerned. 

The Commission shall suspend and/or recover Community financial assistance if the 
evaluation by the STECF, as provided for in Article 6, shows that the data does not 
meet quality standards compared to regional and international requirements.  

The  reduction  of  the  Community  financial  assistance  shall  be  proportionate  to  the 
degree of non-compliance and applied gradually over time.  

SECTION 2 
REQUIREMENTS FOR THE DATA COLLECTION PROCESS 

Article 8 
Sampling programmes 

Member States shall establish multi-annual national sampling programmes. 

National sampling programmes shall include, in particular: 

(a) 

(b) 

a sampling design for biological data following fleet-based sampling including, 
where appropriate, recreational fisheries;  

a  sampling  design  for  ecosystem  data  that  permits  the  degree  of  species 
interactions  and  the  impact  of  the  fisheries  sector  on  the  environment  to  be 
estimated and contributes to monitoring of the state of the marine environment; 

EN 

13 

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(c) 

a  sampling  design  for  economic  and  social  data  that  permits  the  economic 
situation of the fisheries sector to be assessed and enables its performance over 
time  to  be  analysed  and  impact  assessments  of  measures  undertaken,  or 
proposed, to be carried out. 

3. 

The  protocols  and  the  methods  used  for  the  establishment  of  national  sampling 
programmes shall be, as far as possible: 

(a) 

stable over time; 

(b) 

standardised within regions;  

(c) 

in accordance with the quality standards established by international scientific 
bodies and the relevant regional fisheries organisation. 

4. 

Accuracy and precision for the data collected shall be systematically estimated. 

Article 9 
Access to the sampling action sites 

Member States shall ensure that, in order to carry out their duties, samplers have access to:  

(a) 

all 
landings, 
aquaculture;  

including  as  appropriate, 

transhipments  and 

transfers 

to 

(b)  business premises for the collection of economic data.  

Article 10 
Observers-at-sea 

1. 

2. 

3. 

4. 

Where  necessary  for  the  purposes  of  the  collection  of  the  data  under  the  national 
programmes, Member States shall design and implement observer-at-sea schemes. 

The tasks of the observers-at-sea shall be determined by the Member States. 

The masters of Community fishing vessels shall accept on board the observers-at-sea 
designated by the body in charge of the national programme and cooperate with them 
in order to allow them to discharge their duties while on board Community fishing 
vessels. 

The  masters  of  Community  fishing  vessels  may  refuse  to  accept  on  board  the 
observers-at-sea  only  on  the  basis  of  an  obvious  lack  of  space  on  the  vessel  or  for 
safety  reasons.  In  such  cases,  data  shall  be  collected  through  a  self-sampling 
programme, carried out by the crew of the Community fishing vessel, and designed 
and controlled by the body in charge of the national programme. 

EN 

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Article 11 
Surveys at sea 

1. 

2. 

Member States shall carry out scientific surveys at sea to evaluate the abundance and 
distribution  of  stocks,  independently  of  the  data  provided  by  commercial  fisheries, 
and to assess the impact of the fishing activity on the environment. 

The  list  of  scientific  surveys  at  sea  eligible  for  the  Community  financial  assistance 
shall be adopted in accordance with the procedure referred to in Article 26(2).  

Chapter III 
Data management process 

Article 12 
Data storage 

Member States shall: 

(a) 

(b) 

ensure that primary data collected under national programmes are safely stored 
in computerised databases and take all necessary measures to ensure that they 
are treated as confidential ; 

take  all  necessary  technical  measures  to  protect  such  data  against  any 
accidental  or  illicit  destruction,  accidental  loss,  deterioration,  distribution  or 
unauthorised consultation. 

Article 13 
Data quality control and validation 

1. 

Member States shall be responsible for the quality and completeness of the primary 
data  collected  under  national  programmes,  and  the  detailed  and  aggregated  data 
derived there from which are transmitted to end-users.  

2. 

Member States shall ensure that: 

(a) 

primary  data  collected  under  national  programmes  are  properly  checked  for 
errors by appropriate quality control procedures;  

(b)  detailed  and  aggregated  data  derived  from  primary  data  collected  under 
national programmes are validated before their transmission to end-users;  

(c) 

the  quality  assurance  procedures  applied  to  the  primary,  detailed  and 
aggregated data referred to in (a) and (b) are developed in accordance with the 
procedures  adopted  by  the  international  scientific  bodies,  regional  fisheries 
organisations and the STECF.  

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Chapter IV 
 Use of data collected in the framework of the CFP 

Article 14 
Data covered 

Without prejudice to the obligations under Directive 2003/4/EC with regard to the access to 
environmental information this Chapter shall apply to all data collected: 

(a) 

under  Regulations  (EEC)  No  2847/1993,  (EC)  No  779/1997,  (EC)  No 
104/2000, (EC) No 2347/2002 (EC) No 1954/2003 (EC) No 812/2004; 

(b)  under the framework of this Regulation:  

(i) 

data  on  vessels’  activity  based  on  information  from  satellite  monitoring 
and other monitoring systems with the required format;  

(ii)  data  allowing  the  reliable  estimation  of  the  total  volume  of  catches  per 
stock by commercial vessel segment, geographical area and time period, 
including  discards  and,  where  appropriate,  data  regarding  catches  in 
recreational fisheries; 

(iii)  all biological data requested to monitor the status of exploited stocks; 

(iv)  ecosystem  data  needed  to  evaluate  the  impact  of  fishing  activities  and 

aquaculture on the environment; 

(v)  data to evaluate the degree of species interactions; 

(vi) 

the  economic  and  social  data  from  the  fleet  sector  and  the  processing 
industries. 

Article 15 
Access to and transmission of primary data 

1. 

2. 

3. 

Member  States  shall  ensure  that  the  primary  data  incorporated  into  the  national 
computerised  databases  are  directly  accessible  by  electronic  means  by  the 
Commission for the purpose of verifying that the data exist. 

Without prejudice to the obligations established by other Community rules, Member 
States shall conclude agreements with the Commission relating to computer access in 
order to guarantee direct access to their databases.  

Member States shall ensure that the primary data collected under the surveys at sea 
schemes  are  transmitted  to  international  scientific  organisations  and  appropriate 
scientific  bodies  within  regional  fisheries  organisations  in  accordance  with  the 
international obligations of the Community and the Member States. 

EN 

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Article 16 
Processing of data 

1. 

Member States shall process the primary data into data sets of detailed or aggregated 
data in accordance with:  

(a) 

relevant international standards; 

(b)  protocols agreed at region level, wherever they exist. 

2. 

The  Member  State  shall  provide  to  the  end-user  and  the  Commission,  whenever 
necessary,  a  description  of  the  methods  applied  to  process  the  requested  data  and 
their statistical properties. 

Article 17 

Detailed and aggregated data transmission 

Member  States  shall  make  detailed  and  aggregated  data  available  to  end-users  to  support 
scientific analysis: 

(a) 

as a basis for advice to fisheries management; 

(b) 

in  the  interest  of  public  debate  and  stakeholder  participation  in  policy 
development; 

(c) 

for publication in research journals or for educational purposes. 

Article 18 
Submission of detailed and aggregated data 

Member  States  shall  ensure  that  relevant  detailed  and  aggregated  data  is  provided 
immediately to relevant international scientific organisations and appropriate scientific bodies 
within regional fisheries organisations in accordance with the international obligations of the 
Community and the Member States. 

Article 19 
Data transmission procedure  

1. 

2. 

Member  States  shall  transmit  detailed  and  aggregated  data  in  a  secure  electronic 
format. 

Where detailed and aggregated data are requested for publication in research journals 
or for educational purposes, Member States may, in order to protect the professional 
interests  of  the  data  collectors,  withhold  data  transmission  to  the  end-users  for  a 
period of two years following the date of collection of the data. Member States shall 
inform  the  end-users  and  the  Commission  of  any  such  decisions.  In  duly  justified 
cases the Commission may authorise that period to be extended. 

EN 

17 

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3. 

Member States may refuse to transmit the relevant detailed and aggregated data only:  

(a) 

if  there  is  a  risk  of  natural  persons  and/or  legal  entities  being  identified  in 
which case the Member State may propose alternative means to meet the needs 
of the end-user which ensure anonymity; 

(b) 

in the cases referred to in Article 21(2) 

4. 

1. 

2. 

In  cases  where  the  data  requested  by  end-users  other  than  relevant  international 
scientific  organisations  and  appropriate  scientific  bodies  within  regional  fisheries 
organisations  are  different  from  those  already  provided  to  international  scientific 
organisations  and  appropriate 
fisheries 
organisations,  Member  States  may  charge  those  end-users  the  actual  costs  of 
extraction and, if required, aggregation of the data before their transmission. 

scientific  bodies  within 

regional 

Article 20 
Review of refusal to provide data  

If a Member State refuses to provide data under Article 19(3)(a), the end-user may 
request  the  Commission  to  review  the  refusal.  If  the  Commission  finds  that  the 
refusal is not duly justified, it may require the Member State to supply the data to the 
end-user within a prescribed period. 

If  the  Member  State  fails  to  provide  such  data  within  a  period  no  longer  than  two 
months, Article 7(4)(c) shall apply. 

Article 21 
Obligations for end-users 

1. 

The end-users of data shall: 

(a) 

use  the  data  only  for  the  purpose  stated  in  their  request  in  accordance  with 
Article 17; 

(b)  duly acknowledge the data sources; 

(c) 

be responsible for correct and appropriate use of the data; 

(d) 

(e) 

inform  the  Commission  and  the  Member  States  concerned  of  any  suspected 
problems with the data; 

provide the Member States concerned and the Commission with references to 
the results of the use of the data. 

2. 

3. 

Where an end-user fails to comply with any of the requirements set out in paragraph 
1, the Commission may require the Member State concerned to limit or refuse access 
to the data to that end-user. 

Member  State  shall  inform  the  Commission  of  any  non-compliance  by  end-users 
before limiting or refusing access to the data. 

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Chapter V 
Support for scientific advice 

Article 22 
Participation in meetings of international bodies 

Member  States  shall  ensure  that  their  national  experts  participate  in  relevant  meetings  of 
international bodies and regional fisheries organisations.  

Article 23 
Coordination and cooperation  

1. 

2. 

Member States and the Commission shall co-ordinate their efforts and co-operate in 
order  to  further  improve  the  reliability  of  scientific  advice,  the  quality  of  the  work 
programmes and the working methods of international scientific bodies and scientific 
bodies belonging to regional fisheries organisations. 

Such  coordination  and  cooperation  shall  take  place  without  prejudice  to  open 
scientific debate and shall aim to promote impartial scientific advice.  

Chapter VI 
Final Provisions 

Article 24 
Implementing measures 

The  measures  necessary  for  the  implementation  of  this  Regulation  shall  be  adopted  in 
accordance with the procedure referred to in Article 26(2).  

Article 25 
Monitoring  

The Commission, in association with the STECF, shall monitor  the progress of the national 
programmes  in  the  Committee  for  Fisheries  and  Aquaculture  established  by  Article  30  of 
Regulation (EC) No 2371/2002 (hereinafter referred to as ‘the Committee’). 

Article 26 
Committee  

The  Commission  shall  be  assisted  by  the  Committee  established  by  Article  30  of 
Regulation (EC) 2371/2002.  

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

19 

   EN 

1. 

2. 

EN 

 
3. 

4. 

1. 

2. 

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

The Committee shall adopt its rules of procedure. 

Article 27 
Repeal 

Council Regulation (EC) 1543/2000 is hereby repealed with effect from 1st January, 
2008.  However,  the  repealed  provisions  shall  remain  applicable  for  national 
programmes approved before 31st. December, 2007. 

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

Article 28 
Entry into force  

This Regulation shall enter into force on the seventh day following that of 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,  

For the Council 
The President 

EN 

20 

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Annex 

Correlation table 

Regulation (EC) N°1543/2000 

Proposed Regulation 

Article 1 
Article 2 
Article 3 
Article 4 
Article 5 
Article 6 
Article 7 
Article 8 
Article 9 
Article 10  
Article 11 

Article 1 
Article 2 
Article 3, 4, 5 
Article 14 
Article 3, 24 
Article 4, 7 
Article 12, 17 
Article 24, 25 
Article 26 
Article 25 
Article 28 

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LEGISLATIVE FINANCIAL STATEMENT 

1. 

NAME OF THE PROPOSAL: 

Proposal  for  a  Council  Regulation  concerning  the  establishment  of  a  Community 
framework  for  the  collection,  management  and  use  of  data  in  the  fisheries  sector  and 
support for scientific advice regarding the Common Fisheries Policy. 

2. 

ABM / ABB FRAMEWORK 

11 07: Conservation, Management and exploitation of living aquatic resources 

3. 

3.1 

BUDGET LINES 

Budget  lines  (operational  lines  and  related  technical  and  administrative  assistance 
lines (ex- B.A lines)) including headings: 

11 01 04 03: Support for the management of fish resources (collection of basic data 
and improvement of scientific advice) — Expenditure on administrative management 

11 07 01: Support for the management of fishery resources (collection of basic data) 

11 07 02: Support for the management of fish resources (improvement of scientific 
advice) 

3.2 

Duration of the action and of the financial impact: 

2009 - 2013 

3.3 

Budgetary characteristics (add rows if necessary): 

Budget 
line 

11010403 

110701 

110702 

Type of expenditure 

New 

EFTA 
contribution 

Contributions 
from applicant 
countries 

Heading in 
financial 
perspective 

Non-
comp 

Non-
comp 

Non-
comp 

Non-
diff.20 

NO 

NO 

Diff.21 

NO 

NO 

Diff.2 

NO 

NO 

NO 

NO 

NO 

No 2 

No 2 

No 2 

20 
21 

Non-differentiated appropriations hereafter referred to as NDA. 
Differentiated appropriations 

EN 

22 

   EN 

 
 
                                                 
4. 

4.1 

4.2 

SUMMARY OF RESOURCES 

Financial Resources 

Summary of commitment appropriations (CA) and payment appropriations (PA) 

Expenditure type 

Section 
no. 

Operational expenditure22 

Commitment 
Appropriations (CA) 

Payment 
Appropriations (PA) 

8.1 

a 

b 

EUR million (to 3 decimal places) 

2009 

2010 

2011 

2012 

2013 

Total 

54,415  59,365 

59,365 

61,839 

64,315 

299,299 

52,745  57,226 

59,365 

60,777 

63,252 

293,365 

Administrative expenditure within the reference amount23 

Technical 
administrative 
assistance (NDA) 

& 

8.2.4 

c 

TOTAL REFERENCE AMOUNT 

Commitment 
Appropriations 

Payment 
Appropriations 

a+c 

b+c 

0,100 

0,250 

0,100 

0,100 

0,100 

0,650 

54,515  59,615 

59,465 

61,939 

64,415 

299,949 

52,845  57,476 

59,465 

60,877 

63,352 

294,015 

Administrative expenditure not included in the reference amount24 

Human  resources  and 
associated  expenditure 
(NDA) 

than 

costs, 
Administrative 
human 
other 
resources 
and 
associated  costs,  not 
in  reference 
included 
amount (NDA) 

8.2.5 

d 

1,018 

1,018 

1,018 

1,018 

1,018 

5,090 

0,150 

0,150 

0,150 

0,150 

0,150 

0,750 

8.2.6 

e 

22 
23 
24 

Expenditure that does not fall under Chapter 11 01 of the Title 11 concerned. 
Expenditure within Article 11 01 04 of Title 11. 
Expenditure within Chapter 11 01 other than Articles 11 01 04 or 11 01 05.  

EN 

23 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
Total indicative financial cost of intervention 

TOTAL  CA  including 
cost 
Human 
of 
Resources 

TOTAL  PA  including 
cost 
Human 
of 
Resources 

a+c
+d+
e 

b+c
+d+
e 

55,683 

60,783 

60,633 

63,107 

65,583 

305,789 

54,013 

58,644 

60,633 

62,045 

64,520 

299,855 

For estimating payments appropriations the following assumptions have been used:  
PA Data collection = 50% of CA year n + 50% of CA of the year n-1 
PA Studies = 80% of CA year n +20 % CA year n-1 
PA Scientific advice = 80% of CA year n + 20% CA year n-1 

Co-financing details 
If  the  proposal  involves  co-financing  by  Member  States,  or  other  bodies  (please  specify 
which),  an  estimate  of  the  level  of  this  co-financing  should  be  indicated  in  the  table  below 
(additional  lines  may  be  added  if  different  bodies  are  foreseen  for  the  provision  of  the  co-
financing): 

EUR million (to 3 decimal places) 

Co-financing body 

2009 

2010 

2011 

2012 

2013 

Total 

Members 
states 
financed  50%  of  their 
national programmes 

TOTAL  CA  including 
co-financing 

f 

a+c
+d+
e+f 

41,535 

45,364 

45,364 

47,254 

49,146 

228,663 

97,218 

106,147 

105,997 

110,361 

114,729 

534,452 

4.1.2  Compatibility with Financial Programming 

(cid:55) 

(cid:133) 

(cid:133) 

Proposal is compatible with existing financial programming. 

Proposal  will  entail  reprogramming  of  the  relevant  heading  in  the  financial 
perspective. 

Proposal  may  require  application  of  the  provisions  of  the  Interinstitutional 
Agreement25  (i.e.  flexibility 
the  financial 
perspective). 

instrument  or  revision  of 

4.1.3 

Financial impact on Revenue 

(cid:55) 

(cid:133) 

Proposal has no financial implications on revenue 

Proposal has financial impact – the effect on revenue is as follows: 

25 

See points 19 and 24 of the Interinstitutional agreement. 

EN 

24 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
Budget 
line 

Revenue 

EUR million (to one decimal place) 

Situation following action 

[Yea
r n] 

[n+1] [n+2] [n+3

] 

[n+4]  [n+5]

26 

Prior 
to 
action 
[Year 
n-1] 

a)  Revenue  in  absolute 
terms 

b) Change in revenue 

 Δ 

(Please  specify  each  revenue  budget  line  involved,  adding  the  appropriate  number  of 
rows to the table if there is an effect on more than one budget line.) 

4.2 

Human Resources FTE (including officials, temporary and external staff) – see detail 
under point 8.2.1. 

Annual requirements 

2009 

2010 

2011 

2012 

2013 

Total 
number 
human resources 

of 

8,7 

8,7 

8,7 

8,7 

8,7 

5. 

CHARACTERISTICS AND OBJECTIVES 

5.1 

Need to be met in the short or long term 

The goal of the Commission's proposal for a new Council Regulation on data collection in the 
fisheries  sector  is  to  develop  long-term,  well-integrated  regional  sampling  programmes 
covering  biological,  economic,  environmental  and  social  data.  The  revised  data  collection 
regulation is intended to meet new demands generated by the need to move towards fisheries 
management  (i.e.  fleet-  and  area-based  management,  rather  than  fish  stock-based)  and 
towards  the  ecosystem  approach  to  fisheries  management.  A  significant  innovation  in  the 
proposal  is  the  inclusion  of  collection  of  environmental  data  with  the  primary  purpose  of 
monitoring the impact of fishing activity on the marine ecosystem. 

The new data collection system will cover all the process, from the collection of the data in 
ports  or  at  sea  to  its  use  by  the  end-users  (mainly  the  scientific  community  and  advisory 
bodies). 

Quality  control  and  validation  of  the  data  collected  is  of  particular  importance.  The 
Commission considers that the Community financial contribution should be made conditional 
on  quality  control  and  compliance  with  agreed  quality  standards.  Consequently,  the 
Commission has introduced a financial penalty related to non-compliance and poor quality of 
national programmes. 

26 

Additional columns should be added if necessary i.e. if the duration of the action exceeds 6 years 

EN 

25 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
The improvement of access to data and its use has been also considered of high importance 
including  access  to  additional  sets  of  data  such  as  Vessel  Monitoring  Satellite  (VMS)  data. 
New  rules  have  been  defined  to  this  end,  as  well  as  rules  on  the  use  of  data  to  protect  the 
interests of the data providers. 

The  simplification  of  the  procedures  are  an  important  goal  as  National  programmes  will 
henceforward be established for a 3-year period; however the possibility should be given to 
the  Member  States  to  include  amendments  when  necessary  (to  take  account  of  increased 
international  coordination,  for  example).  Multi-annual  planning  periods  will  reduce  the 
administrative burden for all parties concerned. 

5.2 

Value-added  of  Community  involvement  and  coherence  of  the  proposal  with  other 
financial instruments and possible synergy 

This new proposal on data collection and scientific advices is an integral part of the 
common  fisheries  policy,  and  is  thus  included  in  Heading  2  of  the  new  financial 
perspective.  It  is  indispensable  for  implementing  an  effective  policy  for  the 
sustainable  management  of  fishery  resources  under  the  exclusive  authority  of  the 
Community. It is one of the results of the decisions adopted by the Council under the 
CFP reform of December 2002. 

5.3 

Objectives, expected results and related indicators of the proposal in the context of 
the ABM framework 

DG FISH did not envisage changes to the objectives, principles and decision-making 
rules  governing  this  area  which  will  be  supported  by  a  Community  financial 
intervention. These are laid down in the framework of the financial perspectives. The 
reflection of possible policy options was already made within the reform of the CFP 
in 2002. 

However  the  existing  financial  intervention  need  to  be  extended  in  order  to  ensure 
the sustainable management of the fisheries resources as aimed in the CFP reform. 

5.3.1. 

In  the  area  of  data-collection  the  increase  of  the  budget  is  driven  by  the  need  to 
extend the current programmes with environmental data on the impact of fisheries on 
the  marine  ecosystem.  With  the  forthcoming  enlargement  it  will  be  necessary  to 
apply  the  CFP  in  a  whole  new  area,  namely  the  Black  Sea.  This  will  require 
additional effort and support from the Community (an increase of 4M€ by 2013 has 
been foreseen). 

In addition, it is important to increase the collection of environmental and economic data so 
that  the  socio-economic  impact  of  management  decisions  can  be  taken  more  fully  into 
account (gradual increase to cover this expenditure has been foreseen up to 10 M€ in 2013) 

The move towards an increased integration of environmental concerns and the application of 
an  ecosystem  approach  will  necessitate  the  collection  of  new  data,  such  as  sampling 
programmes to estimate by-catches and discards. The latter will demand an increase of very 
costly sampling programmes with on-board observers (a gradual increase till 5M€ has been 
foreseen) 

EN 

26 

   EN 

 
Objective: 

Ensure  the  implementation  and  improvement  of  the  legal  framework  related  to  the 
collection of fisheries basic data in order to promote a sound scientific basis for the 
implementation  of  the  CFP  and  secure  a  long-term  monitoring  of  the  impact  of 
management  actions  on  fish  stocks  and  marine  environment  as  well  as  the 
performance of the fishing sector. 

Indicators: 

•  Improvement of the quantity and the quality of fish stock assessments concerning 

the impact of fisheries on the marine environment and socio-economic issues 

•  Development of regional coordinated programmes for collection of data, making 

use of Regional Advisory Committees 

•  Level  of  respect  of  the  financial  and  administrative  rules  and  regulations, 

including deadlines for commitments and payments. 

Expected results: 

•  To  reach  better  approaches  to  fisheries  management  (fleet-  and  area-  based 

management, rather than fish stock-based) 

•  To support the move towards the ecosystem approach to fisheries management  

•  To  promote 
management 

implementation  of  a  more  regional  dimension 

to  fisheries 

•  To increase quality and validation of the data used in the fisheries management 

•  To improve access to and exchange of data 

•  To promote simplification of the data collection framework 

5.3.2 

In the area of the scientific advice; the reform of the CFP has put a greater emphasis 
on a mixed fisheries approach instead of a stock by stock approach. This has created 
substantial additional demands for fisheries advice. 

This measure will only be fully implemented from 2007 onwards with the reinforcement of 
the Scientific, Technical and Economic Committee for Fisheries, consultation of independent 
experts on specific issues, contracts with national research institutes. 

Objectives 

•  Specific  studies  within  the  spheres  of  activity  laid  down  in  Council  Decision 

439/2000 

•  On the basis of consultations with MS and stakeholders, to agree with ICES and 

STECF on a new advisory cycle with earlier advice 

EN 

27 

   EN 

 
Indicators 

•  Improvement the quality of scientific advice concerning the impact of the fisheries 

on the marine environment and socio-economic issues  

•  Advice for an increased number of stocks 

•  Level  of  respect  of  the  financial  and  administrative  rules  and  regulations, 

including deadlines for commitments and payments. 

Expected results 

•  To improve scientific support for impact assessment of proposals improved by a 
better knowledge of the environmental, economic and social aspects of fisheries 

•  To support the move towards the ecosystem approach to fisheries management 

5.4 

Method of Implementation (indicative) 

Show below the method(s)27 chosen for the implementation of the action. 

(cid:55) 

(cid:55) 

(cid:133) 

Centralised Management 

Directly by the Commission 

Indirectly by delegation to: 

Executive Agencies 

Bodies  set  up  by  the  Communities  as  referred  to  in  art.  185  of  the  Financial 
Regulation 

National public-sector bodies/bodies with public-service mission 

(cid:133) 

Shared or decentralised management 

(cid:133)  With Member states 

(cid:133)  With Third countries 

(cid:133) 

Joint management with international organisations (please specify) 

27 

If  more  than  one  method  is  indicated  please  provide  additional  details  in  the  "Relevant  comments" 
section of this point 

EN 

28 

   EN 

 
                                                 
6. 

MONITORING AND EVALUATION 

6.1 

Monitoring system 

The  actions  financed  under  this  Regulation  will  be  monitored  regularly.  The 
Commission  shall  ensure  the  regular,  independent  and  external  evaluation  of  the 
actions financed. 

6.2 

Evaluation 

6.2.1 

Impact assessment  

Regulation  861/2006  (covering  the  period  2007-2013)  was  accompanied  with  an  impact 
assessment  based  on  the  in  depth  analysis  done  in  the  framework  of  the  CFP  reform.  The 
purpose of that regulation was to provide the legal basis for the continuation of Community 
financing  to  support  the  objectives  of  the  Common  Fisheries  Policy  (hereafter  the  CFP) 
beyond 31.12.2006, in the areas of conservation, data collection and scientific advice. It also 
aims  at  providing  a  transparent,  clear  and  simplified  framework  for  the  execution  of 
Community financial interventions. 

6.3.1 

Terms and frequency of future evaluation 

The Commission will submit to the European Parliament and the Council 

•  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; 

•  A  Communication  on  the  continuation  of  the  actions  financed  under  this  Regulation  no 

later than 30 August 2012; 

•  An ex-post evaluation report no later than 31 December 2014. 

7. 

ANTI-FRAUD MEASURES 

The  Commission  shall  ensure  that,  when  actions  financed  under  the  present  Regulation  are 
implemented,  the  financial  interests  of  the  Community  are  protected  by  the  application  of 
preventive  measures  against  fraud,  corruption  and  any  other  illegal  activities,  by  effective 
checks and by the recovery of the amounts unduly paid and, if irregularities are detected, by 
effective, proportional and dissuasive penalties, in accordance with Council Regulations (EC, 
Euratom)  No  2988/95  and  (EC,  Euratom)  No  2185/96,  and  with  Regulation  (EC)  No 
1073/1999 of the European Parliament and of the Council. 

For the Community actions financed under this Regulation, the notion or irregularity referred 
to in Article 1(2) of Regulation (EC, Euratom) No 2988/95 shall mean any infringement of a 
provision of Community law or any breach of a contractual obligation resulting from an act or 
omission by an economic operation, which has, or would have, the effect of prejudicing the 
general  budget  of  the  Communities  or  budgets  managed  by  them,  by  an  unjustified  item  of 
expenditure. 

EN 

29 

   EN 

 
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  the  nature  or  implementing 
conditions of the actions financed. 

Moreover, without prejudice to checks carried out by the Member States in accordance with 
national laws, regulations and administrative provisions, officials of the Commission and of 
the  Court  of  Auditors,  or  their  representatives,  may  carry  out  on-the-spot  checks  on  actions 
financed by this Regulation at any time up to three years after the final payment made by the 
Commission.  For  this  purpose,  all  documents  related  have  to  be  kept  available  by  the 
beneficiaries during that period. 

The  Commission  may  also  require  the  Member  State  concerned  to  carry  out  on-the-spot 
checks. Officials of the Commission and of the Court Auditors, or their representatives, may 
take part in such checks.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  the 
Financial Regulation. 

EN 

30 

   EN 

 
8. 

DETAILS OF RESOURCES 

8.1 

Objectives of the proposal in terms of their financial cost 

(Headings  of  Objectives, 
actions  

and  outputs 
provided) 

should  be 

"Collection  of 

11.07.01 
basis 

data" 

National programmes 

Studies (up to 15%) 

11.07.02 "Improvement of  

2009 

2010 

2011 

2012 

2013 

Total 

No. 
outputs 

Total 
cost 

No. 
outputs 

Total cost  No. 

Total 
cost 

inputs 

No. 

inputs 

Total 
cost 

No. 

Total cost 

inputs 

Commitment appropriations in EUR million (to 3 decimal places) 

41,535 

7,330 

5,550 

45,364 

8,005 

5,996 

45,364 

8,005 

5,996 

47,254 

8,339 

6,246 

49,146 

228,663 

8,673 

40,352 

6,496 

30,284 

TOTAL COST 

54,415 

59,365 

59,365 

61,839 

64,315 

299,299 

EN 

31 

E

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
8.2 

Administrative Expenditure 

The needs for human and administrative resources shall be covered within the allocation granted to the 
managing DG in the framework of the annual allocation procedure. 

8.2.1  Number and type of human resources 

Types of 
post 

2009 

2010 

2011 

2012 

2013 

A*/AD 

3,7 

3,7 

3,7 

3,7 

3,7 

5 

5 

5 

5 

5 

Officials 
or 
temporary 
staff28 (11 
01 01) 

B*, 
C*/AST 

Staff  financed29  by 
art. 11 01 02 

staff30 
Other 
financed  by  art.  XX 
01 04/05 

TOTAL 

8,7 

8,7 

8,7 

8,7 

8,7 

8.2.2  Description of tasks deriving from the action 

•  To implement the regulation on the collection of basic data needed in support of the CFP. 
To  negotiate  and  follow  up  the  scientific  aspects  of  national  programmes  in  the  field  of 
data collection and biological studies, participation in the preparation of legislation on data 
collection, to organise and participate in the evaluation of proposals received in response to 
relevant calls for proposals and calls for tenders, participation in the orientation of fisheries 
and aquaculture research in the EU 

•  To  prepare,  to  negotiate  and  to  follow  up  administrative  and  financial  aspects  of  studies 
and National Programmes for data collection; to control on the spot the financial aspects of 
these contracts 

•  IT support and secretariat 

•  Operational verification of the files 

•  Authorisation of the payments 

28 
29 
30 

Cost of which is NOT covered by the reference amount 
Cost of which is NOT covered by the reference amount 
Cost of which is included within the reference amount 

EN 

32 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
8.2.3 

Sources of human resources (statutory) 

(cid:55) 

(cid:133) 

(cid:133) 

(cid:133) 

(cid:133) 

Posts currently allocated to the management of the programme to be replaced 
or extended 

Posts pre-allocated within the APS/PDB exercise for year n 

Posts to be requested in the next APS/PDB procedure 

Posts  to  be  redeployed  using  existing  resources  within  the  managing  service 
(internal redeployment) 

Posts required for year n although not foreseen in the APS/PDB exercise of the 
year in question 

8.2.4  Other  Administrative  expenditure  included  in  reference  amount  (110104030  – 

Expenditure on administrative management) 

Budget line 

11 010403 

1  Technical  and  administrative  assistance 
(including related staff costs) 

Evaluation  of  the national  programmes by 
external consultant 

EUR 

2009 

2013 

TOTAL 

2010 

2011 

2012 

100.000  100.000 

100.000 

100.000 

100.000 

500.000 

Evaluation of the Community programme 

150.000 

Total  Technical 
assistance 

and 

administrative 

100.000 

250.000 

100.000 

100.000 

100.000 

650.000 

8.2.5 

Financial cost of human resources and associated costs not included in the reference 
amount 

EUR 

Type of human resources 

2009 

2010 

2011 

2012 

2013 

TOTAL 

Officials and temporary staff (11 01 01) 

1.017.900 

1.017.900 

1.017.900 

1.017.900 

1.017.900 

5.089.500 

Staff  financed  by  Art  11  01  02  (auxiliary,  END, 
contract staff, etc.) 

(specify budget line) 

Total cost of Human Resources and associated costs 
(NOT in reference amount) 

1.017.900 

1.017.900 

1.017.900 

1.017.900 

1.017.900 

5.089.500 

EN 

33 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Calculation– Officials and Temporary agents 

Reference should be made to Point 8.2.1, if applicable 

Calcul = 117.000 € per post 

Calculation– Staff financed under art. XX 01 02 

Reference should be made to Point 8.2.1, if applicable 

2009 

2010 

2011 

2012 

2013 

TOTAL 

  Missions 11.010211 

100.000 

100.000 

100.000 

100.000 

100.000 

500.000 

Meetings & Conferences 

50.000 

50.000 

50.000 

50.000 

50.000 

250.000 

  Committees31  

  Studies & consultations 

Information systems 

2  Total  Other  Management  Expenditure 

150.000 

150.000 

150.000 

150.000 

150.000 

750.000 

(11 01 02 11) 

3  Other  expenditure  of  an  administrative 
nature  (specify  including  reference  to 
budget line) 

Total Administrative expenditure, other 
than human resources and associated costs 
(NOT included in reference amount) 

150.000 

150.000 

150.000 

150.000 

150.000 

750.000 

Calculation - Other administrative expenditure not included in reference amount 

31 

Specify the type of committee and the group to which it belongs. 

EN 

34 

   EN