Proposal for a Council Regulation amending Regulation No 1543/2000 establishing a Community framework for the collection and management of the data needed to conduct the Common Fisheries Policy
Date: 2007-06-29
Institutions: European Commission
Subjects: EU programme, common fisheries policy, data collection, fishery resources, fishing industry

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 29.6.2007 
COM(2007) 369 final 

2007/0127 (CNS) 

Proposal for a 

COUNCIL REGULATION 

amending Regulation No 1543/2000 establishing a Community framework for the 
collection and management of the data needed to conduct the Common Fisheries Policy  

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

1)  CONTEXT OF THE PROPOSALS 

•  Grounds for and objectives of the proposals 

The Commission is preparing a review of the Council Regulation (EC) N° 1543/2000 in 
order to meet new demands originating from the need to move towards new approaches to 
fisheries  management,  such  as  fleet-  and  area-based  management  rather  than  fish  stock-
based, and the implementation of the ecosystem approach to fisheries management. 

This  review  will  repeal  Council  Regulation  (EC)  N°  1543/2000  and  the  implementing 
Commission  Regulation  (EC)  N°  1581/2004  (amending  Commission  Regulation  EC) 
N° 1639/2001). In addition the new programming period will need to be adjusted to be in 
line with the financial Regulation N° 861/2006 and its programmed period 2007-2013. 

The new regulations should enter into force in 2008. 

In the current Regulation it is stated that on one side the scientific programmes established 
by  the  Commission  (Community  programme)  and  on  the  other  side  the  corresponding 
national  programmes  provided  by  the  Member  States  shall  be  drawn  up  for  six-year 
periods. The first Community programme and the first programming period with regard to 
the  Member  States  proposals  had  exceptionally  covered  the  years  2002-2006  inclusive. 
The second six years period shall cover the years 2007-2012. 

In order to satisfy legal and financial requirements during the transitional period there is a 
need to amend Regulation N° 1543/2000 in order to ensure continuity and to avoid overlap 
between the current  Regulation and  the new  Regulation  with  regard to the programming 
periods of the scientific programmes. 

With this in mind, the second Community Programme established by the Commission and 
the  second  programming  period  for  the  national  programme  presented  by  the  Member 
States shall cover exceptionally the years 2007-2008 inclusive. 

•  General context 

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

In  this  view,  a  legal  Community  Framework  for  the  collection  and  management  of  such 
data  was  put  in  place  in  2000  with  the  adoption  of  a  Council  Regulation  (EC) 
N° 1543/2000 of 29 June 2000 and a Council Decision (EC) N° 439/2000 of 29 June 2000, 
followed  in  2001  by  a  Commission  Regulation  (EC)  N°1639/2001  of  25  July  2001, 
amended  in  2004  by  Commission  Regulation  (EC)  N°  1581/2004  of  27  August  2004 
laying down the detailed rules of application. 

•  Existing provisions in the area of the proposal 

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There  is  no  other  provision  in  this  area  than  Council  Regulation  1543/2000  establishing 
the current Community framework for the collection and management of the data needed 
to conduct the CFP 

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•  Consistency with other policies and objectives of the Union 

Not applicable 

2)  CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT 

•  Consultation of interested parties 

Consultation methods, main sectors targeted and general profile of respondents 

Not applicable 

Summary of responses and how they have been taken into account 

Not applicable 

•  Collection and use of expertise 

Use of external expertise was not necessary 

•  Impact assessment 

This proposal concerns the extension of existing Community legislation  

For these reasons an impact assessment was not considered necessary. 

3)  LEGAL ELEMENTS OF THE PROPOSAL 

•  Summary of the proposed action 

Specify that the second Community Programme and the second programming period will 
cover the year 2007-2008 inclusive 

•  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). 

Not applicable 

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21
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23
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30
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32
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•  Choice of instruments 

Proposed instruments: regulation. 

Other means would not be adequate for the following reasons: 

The proposal concerns an amendment to an existing Regulation. 

4)  BUDGETARY IMPLICATION 

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

5)  ADDITIONAL INFORMATION 

•  Simplification 

Not applicable 

•  Repeal of existing legislation 

Not applicable 

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2007/0127 (CNS) 

Proposal for a 

COUNCIL REGULATION 

amending Regulation No 1543/2000 establishing a Community framework for the 
collection and management of the data needed to conduct 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, 

Whereas: 

(1) 

(2) 

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  policy3  establishes  that  the  first  Community  Programme  and  the 
first programming period are to cover the period from 2002 to 2006  

Regulation (EC) No 1543/2000 is to be replaced by a new Regulation [2008] in order 
to implement new approaches to fisheries management. Such approaches include the 
transition from fish stock-based management to a fleet- and area-based management as 
well  as  the  ecosystem  approach.  Pending  the  adoption  of  that  new  Regulation,  it  is 
necessary to establish a second programming period covering the years 2007 and 2008 
in  order  to  ensure  consistent  and  synchronised  programming  at  Community  and 
national level.  

(3) 

Regulation (EC) No 1543/2000 should therefore be amended accordingly , 

1 
2 
3 

OJ C, p. 
OJ C, p. 
OJ L 176, 15.7.2000, p. 1. 

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HAS ADOPTED THIS REGULATION: 

Article 1  

Regulation (EC) No 1543/2000 is amended as follows: 

(a) in Article 5, paragraph 1 is replaced by the following: 

1. In accordance with the procedure laid down in Article 9(2), the Commission shall define, in 
conformity  with  the  framework  defined  in  Annex  I,  a  minimum  Community  programme 
covering  the  information  absolutely  needed  for  scientific  evaluations,  and  an  extended 
Community  programme  that  shall  include,  in  addition  to  the  information  contained  in  the 
minimum  programme,  information  likely  to  improve  substantially  the  scientific  evaluations. 
The first Community programme shall cover the years 2002 to 2006 inclusive and the second 
Community programme shall cover the years 2007 and 2008" 

(b) in Article 6, paragraph 1 is replaced by the following: 

"1. Each Member State shall draw up a national programme of collection and management of 
data. The first programming period shall cover the years 2002 to 2006 inclusive. The second 
programming period shall cover the years 2007 and 2008. The programme shall describe both 
the  collection  of  the  detailed  data  and  the  processing  needed  to  produce  aggregated  data  in 
accordance with the principles set out in Article 3. It shall specify the links between it and the 
Community programmes drawn up under Article 5." 

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

Article 2 

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

Done at Brussels, 

For the Council 
The President 

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LEGISLATIVE FINANCIAL STATEMENT 

1. 

NAME OF THE PROPOSAL: 

Proposal  for  a  COUNCIL  REGULATION  amending  Regulation  (EC)  N°1543/2000 
establishing a Community framework for the collection and management of the data needed 
to conduct 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: 

2007 - 2008 

3.3 

Budgetary characteristics (add rows if necessary): 

Budget 
line 

Type 
expenditure 

of 

New 

EFTA 
contribution 

Contributions 
from  applicant 
countries 

Heading  in 
financial 
perspective 

11010403  Non-
comp 

Non-
diff.4 

NO 

NO 

110701 

110702 

Non-
comp 

Non-
comp 

Diff.5 

NO 

NO 

Diff.2 

NO 

NO 

NO 

NO 

NO 

No 2 

No 2 

No 2 

4 
5 

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

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4. 

SUMMARY OF RESOURCES 

4.1 

Financial Resources 

4.1.1 

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

EUR million (to 3 decimal places) 

Expenditure type 

Sectio
n no. 

Operational expenditure6 

2007 

2008 

Total 

Commitment 
Appropriations (CA) 

8.1 

a 

49,000 

51,000 

100,000 

Payment 
Appropriations (PA) 
Administrative expenditure within the reference amount7 

27,980 

50,345 

b 

78,325 

Technical 
administrative 
assistance (NDA) 

& 

8.2.4 

c 

0,100 

0,100 

0,200 

TOTAL REFERENCE AMOUNT 

Commitment 
Appropriations 

Payment 
Appropriations 

a+c 

49,100 

51,100 

100,200 

b+c 

28,080 

50,445 

78,525 

Administrative expenditure not included in the reference amount8 

Human resources and 
associated 
expenditure (NDA) 

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

8.2.5 

d 

0,959 

1,018 

1,977 

8.2.6 

e 

0,150 

0,150 

0,300 

6 
7 
8 

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.  

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Total indicative financial cost of intervention 

TOTAL 
including 
Human Resources 

cost 

CA 
of 

TOTAL 
including 
Human Resources 

cost 

PA 
of 

a+c+d+e  50,209 

52,268 

102,477 

b+c+d+e  29,189 

51,613 

80,802 

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 

2007 

2008 

Total 

states 
Members 
financed  only 
for 
national  programmes 
Datacollection 

f 

37,400 

38,250 

75,650 

TOTAL 
including 
financing 

CA 
co-

a+c+d+e+f 

87,609 

90,517 

178,127 

4.1.2  Compatibility with Financial Programming 

(cid:55) 

(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  Inter-institutional 

(cid:133) 
Agreement9 (i.e. flexibility instrument or revision of the financial perspective). 

Financial impact on Revenue 

(cid:55) 

Proposal has no financial implications on revenue 

9 

See points 19 and 24 of the Interinstitutional agreement. 

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(cid:133) 

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

EUR million (to one decimal place) 

Budget 
line 

Revenue 

to

Prior 
action  
[Year n-1] 

Situation following action 

[Year n]  [n+1] [n+2] [n+3]  [n+4]  [n+5]10 

a) 
Revenue 
absolute terms 

in 

Change 

b) 
revenue 

in 

 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  2007  2008 

number 
Total 
human resources 

of 

8,2 

8,7 

5. 

CHARACTERISTICS AND OBJECTIVES 

5.1 

Need to be met in the short or long term 

To  ensure  continuity  of  the  current  regulation  1543/2000  until  the  adoption  and  entry  into 
force (hopefully from 2009 onwards) of the new Regulation. 

5.2 

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

This  extension  of  the  regulation  is  in  line  with  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. 

10 

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

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10 

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5.3 

5.3.1 

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

In  the  area  of  data-collection  the  increase  of  the  budget  is  driven  by  the  need  to 
include two new Member States in 2007. With the forthcoming enlargement it will be 
necessary to apply the CFP in the Black Sea. This will require additional effort and 
support from the Community.  

Objective;  

Ensure continuity and avoid overlap between the current Regulation and the new Regulation 
with regard to the programming periods of the scientific programmes. 

Indicators;  

Continuation of implementation of data collection national programmes for 2007 to the date 
of application of the new programme 

Level of respect of the financial and administrative rules and regulations, including deadlines 
for commitments and payments. 

Expected results; 

To adopt data collection programmes for Bulgarian and Rumanian fishing activities 

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

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. 

Objectives; 

Specific studies within the spheres of activity laid down in the Regulation 861/2006. 

On the basis of consultations with MS and stakeholders, to agree with ICES and STECF on a 
new advisory cycle with earlier advice  

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 fisheries 

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5.4 

Method of Implementation (indicative) 

Show below the method(s)11 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) 

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. 

Evaluation 

6.1.1 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. 

11 

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

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6.1.2 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 the new Regulation. 

A Communication on the continuation of the actions will be finance under the new regulation. 

An ex-post evaluation report will take place under the new regulation. 

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. 

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. 

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8. 

DETAILS OF RESOURCES 

8.1 

Objectives of the proposal in terms of their financial cost 

Commitment appropriations in EUR million (to 3 decimal places) 

2007 

2008 

No. 
outputs 

Total 
cost 

No. 
outputs 

Total 
cost 

TOTAL 

No. 
outputs 

Total 
cost 

of 
(Headings 
Objectives, 
actions 
and outputs should be 
provided) 

11.07.01  "Collection 
of basis data" 

National programmes 

37,400 

Studies (up to 15%) 

11.07.02 
"Improvement 
d i
tifi

i

"

of 

6,600 

5,000 

38,250 

6,750 

6,000 

75,650 

13,350 

11,000 

TOTAL COST 

49,000 

51,000 

100,000 

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 

Officials or temporary staff12 

A*/AD 

(11 01 01) 

B*, C*/AST 

Staff financed13 by art. 11 01 02 
Other staff14 financed by art. XX 01 04/05 

2007 

2008 

3,7 

4,5 

3,7 

5 

TOTAL 

8,2 

8,7 

12 
13 
14 

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 

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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  

8.2.3 

Sources of human resources (statutory) 

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

(cid:55) 
extended 

(cid:133) 

(cid:133) 

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 

(cid:133) 
redeployment) 

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

(cid:133) 
question 

8.2.4  Other 

Administrative 

expenditure 

included 

in 

reference 

amount 

(110104030)Expenditure on administrative management) 

EUR  

Budget line 
11-010403 

1  Technical  and  administrative 
assistance  (including  related  staff 
costs) 

Evaluation 
national 
programmes by external consultant 

the 

of 

2007 

2008 

TOTAL

100.000 100.000 200.000

Evaluation of the programme 

Total  Technical  and  administrative 
assistance 

100.000 100.000 200.000

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8.2.5 

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

EUR  

Type of human resources 

2007 

2008 

Officials and temporary staff (11 01 01) 

959.400 

1.017.900 

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) 

959.400 

1.017.900 

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 

Missions 11.010211 

100.000 

100.000 

200.000 

Meetings & Conferences 

50.000 

50.000 

100.000 

2007 

2008 

TOTAL 

Committees15 

Studies & consultations 

Information systems 

2 Total Other Management Expenditure (11 01 

02 11) 

150.000 

150.000 

300.000 

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 

300.000 

Calculation - Other administrative expenditure not included in reference amount 

15 

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

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