Proposal for a Regulation of the European Parliament and of the Council amending Council Regulation (EC) No 861/2006 of 22 May 2006 establishing Community financial measures for the implementation of the common fisheries policy and in the area of the Law of the Sea
Date: 2010-04-29
Institutions: European Commission
Subjects: EU financing, common fisheries policy, fishery management

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EUROPEAN COMMISSION 

Brussels, 29.4.2010 
COM(2010)145 final 

2010/0080 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending Council Regulation (EC) No 861/2006 of 22 May 2006 establishing 
Community financial measures for the implementation of the common fisheries policy 
and in the area of the Law of the Sea 

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EXPLANATORY MEMORANDUM 

1. 
The proposed amendments to Council Regulation (EC) No 861/2006 of 22 May 2006 
establishing Community financial measures for the implementation of the Common Fisheries 
Policy and in the area of the Law of the Sea1 are intended to ensure coherence between the 
Regulation  and  other  elements  of  the  relevant  legislative  framework.  In  some  cases, 
experience  has  demonstrated  the  need  to  ensure  that  the  provisions  of  the  Regulation  are 
slightly adapted to better fit the needs. It is also proposed to clarify when necessary the scope 
of the measures financed and to improve the drafting of some articles.  

This  revision  does  not  entail  any  fundamental  changes  to  Council  Regulation  (EC)  No 
861/2006:  the  objectives,  the  type  of  measures  financed,  the  architecture  and  the  financial 
envelope are not affected. 

2. 

Modifications due to the evolution of the legislative framework:  

Articles 2(b), 3(b), 5, 9, 10, 16, 17, 22 and the heading of section 2. The scope of the new data 
collection framework2 is larger than the previous framework3. It covers not only the collection 
of data by Member States but also its management and use. While the current wording of the 
Regulation is sufficiently broad to cover data management and use, the above provisions have 
been modified to include an express reference to this in the interest of legal certainty.  

Article 12(c) has been redrafted to reflect the fact that in Council Decision 2007/409/EC of 11 
June  2007  amending  Decision  2004/585/EC  establishing  Regional  Advisory  Councils  under 
the Common Fisheries Policy4 the Regional Advisory Councils have been granted the status 
of bodies pursuing an aim of general European interest. They can be granted financial support 
to cover their operating costs and the restriction which limited support to their start up phase 
has been deleted. 

OJ L 160, 14.6.2006, p. 1 
The new data collection framework is composed of several legislative acts adopted in 2008:  

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-  Commission  Regulation  (EC)  No  1078/2008  of  3  November  2008  laying  down  detailed  rules  for  the 
implementation  of  Council  Regulation  (EC)  No  861/2006  as  regards  the  expenditure  incurred  by 
Member  States  for  the  collection  and  management  of  the  basic  fisheries  data.  OJ  L  295,  4.11.2008, 
p. 24 

-  Council  Regulation  (EC)  No  199/2008  of  25  February  2008  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. OJ L 60, 5.3.2008, p. 1 

- Commission Regulation (EC) No 665/2008 of 14 July 2008 laying down detailed rules for the application of 
Council Regulation (EC) No 199/2008 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. OJ L 186, 15.7.2008, p. 3 

-  Commission  Decision  2008/949/EC  of  6  November  2008  adopting  a  multiannual  Community  programme 
pursuant  to  Council  Regulation  (EC)  No  199/2008  establishing  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. OJ L 346, 23.12.2008, p. 37 
The previous data collection framework was composed of:  

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-  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  policy.  OJ  L  176, 
15.7.2000, p. 1 

-  Commission  Regulation  (EC)  No  1639/2001  of  25  July  2001  establishing  the  minimum  and  extended 
Community programmes for the collection of data in the fisheries sector and laying down detailed rules 
for the application of Council Regulation (EC) No 1543/2000. OJ L 222, 17.8.2001, p. 53 
OJ L 155, 15.6.2007, p. 68 

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Article  5  has  been  modified  to  mirror  the  provisions  of  the  new  data  collection  framework, 
under which the data to be collected also comprises socio-economic variables in the fisheries, 
aquaculture  and  processing  sector,  such  as  income,  capital  costs,  employment,  etc.  These 
elements are foreseen by the Commission Decision 949/2008 of 6 November 2008 adopting a 
multiannual  Community  programme  pursuant  to  Council  Regulation  (EC)  No  199/2008 
establishing a Community framework for the collection, management and use of data in the 
fisheries  sector  and  support  for  scientific  advice  regarding  the  common  fisheries  policy5,  in 
particular Appendices VI, X and XII.  

Article 9 has been reformulated and simplified in order to align the description with the other 
areas  of  expenditure  covered  by  the  Regulation,  by  identifying  only  the  main  categories  of 
measures.  The  eligible  measures  are  defined  in  detail  by  Council  Regulation  (EC)  No 
199/2008 of 25 February 2008 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 Policy6.  

Articles 16 and 24 have been modified to take account of the relevant provisions of the new 
data collection framework which define in detail the programming procedures in Articles 4, 5 
and  6  of  Council  Regulation  (EC)  No  199/2008  and  Articles  1,  2  and  4  of  Commission 
Regulation (EC) No 665/2008 of 14 July 2008 laying down detailed rules for the application 
of Council Regulation (EC) No 199/20087.  

Article 23 has been deleted as it has become obsolete since the programming procedures are 
now defined in the new data collection framework.  

Limited  modification  of  the  scope  of  some  measures  to  better  respond  to  the 

3. 
needs: 

Article  11  is  modified  to  allow  the  Commission  to  sign  procurement  contracts  with  the 
international bodies in charge of stock assessments. 

Articles  12(a)  and  18(2)  have  been  adapted  to  extend  the  possibility  of  financing  the  costs 
related  to  the  preparation  of  Advisory  Committee  on  Fisheries  and  Aquaculture  (ACFA) 
meetings  to  other  representative  organisations  in  ACFA.  This  possibility  already  exists  for 
European Trade Organisations. Furthermore, the article now allows for financial support for 
translation, interpretation and room hire costs related to these meetings. 

Article  20(1)  has  been  modified  to  advance  the  date  for  the  submission  of  applications  for 
to  accelerate  procedures  and  programme 
Community  support.  This 
implementation.  

is  designed 

Article 20(2) has been amended to give a more detailed description of the information to be 
provided  in  order  to  standardise  the  data  received  on  the  projects  and  to  reinforce  sound 
financial  management.  It  also  specifies  information  required  for  joint  projects  conducted  by 
more than one Member State.  

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OJ L 346, 23.12.2008, p. 37 
OJ L 60, 5.3.2008, p. 1 
OJ L 186, 15.7.2008, p. 3 

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A  modified  article  20(3)(b)  requires  the  provision  of  information  on  the  mechanisms  which 
will allow verification on the use of the co financed control resources.  

A new article 20(4) is designed to improve the transmission of data on the projects.  

4. 

Clarification of the scope of the actions to be undertaken:  

Article  32(a).  Council  Decision  2000/439/EC  of  29  June  2000  on  a  financial  contribution 
from the Community towards the expenditure incurred by Member States in collecting data, 
and for financing studies and pilot projects for carrying out the common fisheries policy8 was 
repealed  by  Council  Regulation  861/2006  with  effect  of  1  January  2007,  as  many  of  the 
provisions  laid  down  in  that  decision  were  incorporated  in  the  regulation.  However,  some 
elements  were  not  covered,  notably  the  lower  co-financing  rate  of  35%  for  extended 
programmes (article 3, 2nd indent), more detailed rules on the submission of programmes and 
budget  forecasts,  technical  and  financial  reports,  payment  modalities  by  the  Commission 
(article 4 and 6) and the definition of eligible expenditure under national programmes (annex 
to the decision). As no implementing rules were adopted to cover these elements, there was a 
lack of rules in place governing the national programmes in 2007 and 2008 although both the 
Member States and the Commission continued to work on the basis of the previous rules. This 
situation continued until the adoption of the new data collection framework and in the interest 
of  legal  certainty  it  should  be  made  clear  that  certain  provisions  continued  to  apply  for  the 
2007 and 2008 national programmes. 

Article 7(c) has been clarified to indicate that the partnerships in the international field may be 
at bilateral, regional or multilateral level.  

Article  8(a)(i)  and  (iii)  has  been  redrafted  to  provide  clarity  and  certainty  on  eligible 
expenditure. Furthermore, the actions foreseen by the Council Regulation (EC) No 1224/2009 
establishing  a  Community  control  system  for  ensuring  compliance  with  the  rules  of  the 
Common Fisheries Policy9 are explicitly mentioned, i.e. vessel detection systems, automatic 
identification systems, exchange and analysis of data between Member States, the setting up 
of websites related to fisheries control.  

In article 8(a)(ii) the words "civil servants" have been replaced by "personnel" to cater for the 
fact  that  training  participants,  although  representing  a  Member  State  authority,  are  not 
necessarily civil servants. 

In article 8(a)(v) the words "irresponsible and illegal fishing" are replaced by the formulation 
"illegal,  unreported  and  unregulated  fishing",  which  is  the  used  notably  in  the  Council 
Regulation (EC) No 1005/2008.  

Article  8(b)  has  been  amended  to  better  reflect  the  tasks  carried  out  by  the  Joint  Research 
Centre, which not only analyses the implementation of control activities, but also gives advice 
and is involved in developing new technologies.  

Article  (8)  (d)  has  been  amended  to  delete  a  superfluous  category  of  expenditure  for  the 
Community Fisheries Control Agency. 

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OJ L 176, 15.7.2000, p. 42 
OJ L 343, 22.12.2009, p. 1 

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Article  12(b).  The  list  of  consultative  bodies  for  the  meetings  of  which  the  ACFA  plenary 
designates a representative is updated.  

Article  13(e)  has  been  modified  to  reflect  the  range  of  cooperation  which  the  Commission 
may need to establish with international organisations.  

5. 
In  addition,  amendments  to  improve  and  clarify  the  wording  of  the  text  of  the 
Regulation have been made in recital (12) and articles 2(b), 3(b), 5, 10, 13(e), 18(3), 20(1), 
24.  

6. 
The  modifications  introduced  by  this  amending  proposal  do  not  entail  financial 
consequences  on  the  EU  budget.  They  will  simply  allow  better  execution  of  the  budget 
amounts  as  quantified  in  the  Financial  Statement  attached  to  Council  Regulation  (EC)  No 
861/2006.  

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2010/0080 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending Council Regulation (EC) No 861/2006 of 22 May 2006 establishing 
Community financial measures for the implementation of the common fisheries policy 
and in the area of the Law of the Sea 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 43 thereof, 

Having regard to the proposal from the Commission, 

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

After transmission of the proposal to the national Parliaments, 

Acting in accordance with the ordinary legislative procedure,  

Whereas: 

(1) 

(2) 

(3) 

(4) 

Council  Regulation  (EC)  No  861/2006  of  22  May  2006  establishing  Community 
financial measures for the implementation of the Common Fisheries Policy and in the 
area of the Law of the Sea10 provides for financing in the following areas: international 
relations,  governance,  data  collection  and  scientific  advice  and  control  and 
enforcement of the Common Fisheries Policy. 

In each field of action, Council Regulation (EC) No 861/2006 is completed by other 
regulations or decisions. Several elements of the related legislation have evolved since 
the  adoption  of  Regulation  861/2006  which  should  be  amended  in  order  to  ensure 
coherence between all the elements of the legislative framework.  

Experience  has  demonstrated  the  need  to  amend  the  Regulation  in  order  to  slightly 
adapt some provisions to better fit the needs.  

It is also proposed to clarify when necessary the scope of the measures financed and to 
improve the drafting of some articles. 

(5) 

Partnerships in the international field may be at bilateral, regional or multilateral level.  

(6) 

Regional Advisory Councils have been granted the status of bodies pursuing an aim of 
general  European  interest  in  Council  Decision  409/2007/EC  of  11  June  2007 

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OJ L 160, 14.6.2006, p. 1 

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(7) 

(8) 

(9) 

amending  Decision  2004/585/EC  establishing  Regional  Advisory  Councils  under  the 
Common Fisheries Policy11and this should be reflected in the Regulation.  

For the preparatory meetings of the Advisory Committee on Fisheries and Aquaculture 
(ACFA), there should be a possibility of financial support to representatives other than 
those  from  the  European  Trade  Organisations  and  to  allow  for  the  financing  of 
translation, interpretation and  room  hire costs. The list of consultative  bodies  for  the 
meetings of which the ACFA plenary designates a representative should be updated.  

Council  Regulation  (EC)  No  199/2008  of  25  February  2008  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  Policy12  has  enlarged  the  scope  of  data  collection  in  order  to  cover  the 
collection,  the  management  and  the  use  of  data  and  this  should  be  explicitly 
acknowledged in the Regulation.  

Commission  Decision  949/2008  of  6  November  2008  adopting  a  multiannual 
Community  programme  pursuant  to  Regulation  (EC)  No  199/2008  establishing  a 
Community framework for the collection, management and use of data in the fisheries 
sector  and  support  for  scientific  advice  regarding  the  common  fisheries  policy13 
provides that the data to be collected comprises socio-economic variables.  

(10)  Eligible measures for Community financial support in the field of data collection and 
scientific advice are defined in Regulation (EC) No 199/2008 and Regulation (EC) No 
861/2006 should be aligned with those definitions.  

(11)  The programming measures in the field of data collection and scientific advice are set 
out  in  Regulation  (EC)  No  199/2008  and  the  implementing  Commission  Regulation 
(EC) No 665/2008 of  14 July 2008  laying down  detailed rules for the application of 
Regulation (EC) No 199/200814.  

(12)  A  number  of  provisions  of  Decision  2000/439/EC  of  29  June  2000  on  a  financial 
contribution from the Community towards the expenditure incurred by Member States 
in  collecting  data,  and  for  financing  studies  and  pilot  projects  for  carrying  out  the 
common fisheries policy15 were not taken over in Regulation (EC) 861/2006 and were 
also  not  converted  into  implementing  rules.  This  created  a  legal  void  for  the  years 
2007 and 2008 in which the Commission had to apply the rules previously in force as 
laid  down  in  Decision  2000/439/EC.  In  the  interest  of  legal  certainty  it  should  be 
retroactively provided that those rules continued to be applicable in that period. 

(13) 

It  is  necessary  to  allow  the  Commission  to  sign  procurement  contracts  with  the 
international bodies in charge of stock assessments. 

(14)  The indications on the eligible expenditure in the field of control should be presented 
in a clearer and more detailed way and a link should be made with Council Regulation 

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OJ L 155, 15.6.2007, p. 68 
OJ L 60, 5.3.2008, p. 1 
OJ L 346, 23.12.2008, p. 37 
OJ L 186, 15.7.2008, p. 3 
OJ L 176, 15.7.2000, p. 42 

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(EC) No 1224/2009 of 20 November 2009 establishing a Community control system 
for  ensuring  compliance  with  the  rules  of  the  Common  Fisheries  Policy16  and  to  the 
Council  Regulation  (EC)  No  1005/2008  of  29  September  2008  establishing  a 
Community system to prevent, deter and eliminate illegal, unreported and unregulated 
fishing17. 

(15)  Training  participants in the area of control and enforcement, although representing a 
Member  State  authority,  are  not  necessarily  always  civil  servants.  Therefore 
expenditure  incurred  for  training  of  other  personnel  should  also  be  eligible  for 
financial measures. 

(16)  The Joint Research Centre not only analyses the implementation of control activities, 

but also gives advice and is involved in developing new technologies. 

(17)  The  programming  rules  for  the  control  expenditure  need  to  be  adapted  in  order  to 
improve  sound  financial  management,  notably  through  advancing  the  date  of  the 
submission  of  the  applications  for  Community  support,  further  specifying  the 
information to be communicated on the projects and the format under which it should 
be provided.  

(18)  Regulation (EC) No 861/2006 should therefore be amended accordingly.  

HAVE ADOPTED THIS REGULATION: 

Regulation (EC) 861/2006 is amended as follows:  

Article 1 

(1) In Article 2, point (b) is replaced by the following: 

"(b)  conservation  measures,  collection  and  management  of  data  and  use  of  data  to  generate 
scientific advice for the CFP;" 

(2) In Article 3, point (b) is replaced by the following: 

"(b) improving the collection, management and use of data necessary for the CFP;" 

(3) Article 5 is replaced by the following: 

"Article 5 

Specific objectives in the area of data collection, management and use and scientific advice 

Community  financial  measures  referred  to  in  Articles  9,  10  and  11  shall  contribute  to  the 
objective of improving data collection, management and use and scientific advice on the state 

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OJ L 343, 22.12.2009, p. 1 
OJ L 286, 29.10.2008, p. 1 

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of the resources, the level of fishing, the impact that fisheries have on the resources and the 
marine  eco-system  and  on  the  performance  of  the  fishing  industry,  within  and  outside 
Community  waters,  by  providing  financial  support  to  the  Member  States  to  establish  multi-
annual  aggregated  and  science  based  datasets  which  incorporate  biological,  technical, 
environmental and socio-economic information." 

(4) Article 7, paragraph 1, point (c) is replaced by the following: 

"(c)  developing,  through  partnership  at  bilateral,  regional  or  multilateral  level,  the  fisheries 
resource  management  and  control  capacities  of  third  countries  to  ensure  sustainable  fishing 
and  promoting  the  economic  development  of  the  fisheries  sector  in  those  countries  by 
improving the scientific and  technical  evaluation of the fisheries concerned, monitoring and 
control of fishing activities, health conditions and the business environment in the sector;" 

(5) Article 8 is amended as follows: 

(a) point (a)(i) is replaced by the following:  

"(i)  investments,  relating  to  control  activities  carried  out  by  administrative  bodies  or  by  the 
private sector, in:  

-  purchase  and  installation  of  technology,  including  hard-  and  software,  vessel  detection 
systems  (VDS)  and  IT  networks  allowing  to  gather,  administer,  validate,  analyse,  develop 
sampling methods and exchange data related to fisheries; 

-  purchase  and  installation  of  the  components  necessary  to  ensure  data  transmission  from 
actors  involved  in  fishing  and  the  marketing  of  fisheries  products  to  the  relevant  Member 
State  and  Community  authorities,  including  the  necessary  components  for  electronic 
recording  and  reporting  systems  (ERS),  vessel  monitoring  systems  (VMS),  and  automatic 
identification systems (AIS);  

-  implementation  of  programs  aiming  at  exchanging  and  analysing  data  between  Member 
States; 

- purchase and modernisation of control means; 

(b) point (a)(ii) is replaced by the following: 

"(ii)  training  and  exchange  programmes,  including  between  Member  States,  of  personnel 
responsible for monitoring, control and surveillance of fisheries activities;" 

(c) point (a)(iii) is replaced by the following: 

"(iii)  implementation  of  pilot  projects  related  to  fisheries  control,  including  development  of 
web-sites related to control;" 

(d) point (a)(v) is replaced by the following:  

"(v)  initiatives,  including  seminars  and  media  tools,  aimed  at  enhancing  awareness  both 
among  fishermen  and  other  players  such  as  inspectors,  public  prosecutors  and  judges,  and 

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among the general public of the need to fight illegal, unreported and unregulated fishing and 
on the implementation of the CFP rules;" 

(e) point (b) is replaced by the following:  

"(b)  expenditure  relating  to  administrative  arrangements  with  the  Joint  Research  Centre,  or 
any other Community consultative body, to assess and develop new control technologies;" 

(f) point (d) is replaced by the following:  

"(d) contribution to the budget of the Community Fisheries Control Agency (CFCA) to cover 
staff, administrative and operating expenditure relating to the annual work plan of CFCA." 

(6) Article 9 is replaced by the following: 

"Article 9 

Measures in the area of basic data collection, management and use 

In the area of data collection, management and use, the following expenditure shall be eligible 
for Community financial support in the framework of multi-annual national programmes:  

(a) expenditure incurred for the collection of biological, technical, environmental and socio-
economic data in relation to commercial and recreational fisheries, including sampling, at-sea-
monitoring and research surveys, and the collection of socio-economic data in the aquaculture 
and processing industry, as laid down in the multi-annual Community programme; 

(b) expenditure incurred for measures related to the management, development, enhancement 
and exploitation of data referred to in point (a);  

(c)  expenditure  incurred  for  measures  related  to  the  use  of  the  data  referred  to  in  point  (a), 
such as estimates of biological parameters, production of data sets for scientific analysis and 
advice;  

(d)  expenditure  incurred  for  the  participation  in  Regional  Coordination  Meetings,  relevant 
scientific meetings of regional fisheries management organisations of which the Community 
is  a  contracting  party  or  observer,  and  in  meetings  of  international  bodies  in  charge  of 
providing scientific advice." 

(7) Article 10 is amended as follows: 

(a) the heading is replaced by the following:  

"Measures in the area of additional data collection, management and use" 

(b) the second sentence in the introduction of paragraph 1 is replaced by the following: 

"The activities which may be eligible for Community financial support shall include:" 

(c) paragraph 1, point (a) is replaced by the following: 

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"(a)  methodological  studies  and  projects  aimed  at  optimising  and  standardising  methods  of 
collecting data needed for scientific advice;" 

(8) In Article 11, point (a) is replaced by the following: 

"(a)  expenditure  for  partnership  contracts  with  national  research  institutions  or  international 
bodies in charge of stock assessments for the provision of scientific advice and data;" 

(9) Article 12 is amended as follows: 

(a) point (a) is replaced by the following: 

"(a) travelling and accommodation costs of members of representative organisations in ACFA 
related to preparatory meetings in advance of ACFA meetings, and translation, interpretation 
and room hire costs incurred for those preparatory meetings ;" 

(b) point (b) is replaced by the following: 

"(b) the cost of the participation of the representatives designated by the ACFA to represent it 
at  meetings  of  the  Regional  Advisory  Councils  (RACs),  the  International  Council  for  the 
Exploration  of  the  Sea  (ICES)  and  the  Scientific,  Technical  and  Economic  Committee  for 
Fisheries (STECF);" 

(c) point (c) is replaced by the following: 

"(c) operating costs of the RACs as provided for in Council Decision 2004/585/EC;" 

(10) In Article 13, paragraph 1, point (e) is replaced by the following: 

"(e)  voluntary  financial  contributions  to  work  or  programmes  carried  out  by  international 
organisations which are of special interest to the Community;" 

(11) Article 16 is amended as follows: 

(a) the heading is replaced by the following: 

"Rates of co-financing in the area of basic data collection, management and use" 

(b)  the  words  "Article  23  (1)"  are  replaced  by  the  words  "Article  4  of  Regulation  (EC)  No 
199/2008". 

(12) The heading of article 17 is replaced by the following: 

"Rates of co-financing in the area of additional data collection, management and use" 

(13) Article 18 is amended as follows: 

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(a) paragraph 2 is replaced by the following: 

"2. Drawing rights shall be allocated, under a financing agreement with the Commission, to 
each  representative  organisation  which  is  a  member  of  the  ACFA  plenary,  in  proportion  to 
entitlements  within  the  plenary  committee  of  the  ACFA  and  depending  on  the  financial 
resources available." 

(b) paragraph 3 is replaced by the following: 

"3. Those drawing rights and the average cost of a journey by a member of a representative 
organisation  shall  determine  the  number  of  journeys  for  which  each  organisation  may  be 
financially responsible for the purpose of preparing meetings. Within the overall limit of the 
drawing right, 20% of the actual eligible expenditure shall be retained as a lump sum by each 
representative organisation to cover its organisational and administrative costs strictly linked 
with the organisation of the preparatory meetings." 

(14) Article 20 is amended as follows: 

(a) in paragraph 1, the first subparagraph is replaced by the following: 

"Applications by Member States for Community financial measures shall be submitted to the 
Commission by 31 October prior to the year of implementation concerned." 

(b) paragraph 2 is replaced by the following: 

"2. For each project the fisheries control programme shall specify to which measure referred 
to in Article 8(a) it relates, the aim and a detailed description with the following particulars: 
owner,  location,  estimated  cost,  the  timetable  for  completion  of  the  project  and  the  public 
procurement procedure to be followed. When a project is conducted jointly by more than one 
Member State, the fisheries control programme shall also include a list of the Member States 
conducting the project, the estimated entire costs for the project as well as the estimated costs 
per Member State." 

(c) in paragraph 3, point (b) is replaced by the following:: 

"(b)  how  many  hours  or  days  over  a  year  they  are  likely  to  be  used  for  fishery  control 
purposes and which system is put in place in the Member State in order to make it possible for 
the  Commission  or  the  European  Court  of  Auditors  to  check  their  effective  use  for  control 
purposes;" 

(d) the following paragraph 4 is added:  

"4.  Member  States  shall  provide  the  information  requested  in  paragraphs  1,  2  and  3  by 
submitting the electronic form communicated to them by the Commission both electronically 
and as a hardcopy." 

(15) The Heading of Section 2 is replaced by the following: 

"Procedures in the area of data collection, management and use" 

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(16) Article 22 is replaced by the following: 

"Article 22 

Introductory provision 

The Community financial contribution to the expenditure incurred by the Member States for 
the collection, management and use of the basic fisheries data referred to in Article 9 shall be 
provided in accordance with the procedures set out in this Section." 

(17) Article 23 is deleted 

(18) Article 24 is amended as follows: 

(a) the heading is replaced by the following: 

"Commission financing decision" 

(b) paragraph 1 is replaced by the following: 

"1.  On  the  basis  of  the  multi-annual  programmes  submitted  by  the  Member  States  in 
accordance  with  article  4(4)  of  Regulation  (EC)  No  199/2008  and  approved  by  the 
Commission in accordance with Article 6(3) of that Regulation, decisions on the Community 
financial contribution to the national programmes shall be taken each year, in accordance with 
the procedure referred to in Article 30(2)." 

(c) paragraph 2 is deleted.  

(19) The following Article 32a is inserted: 

"Article 32a 

Transitional measures 

Notwithstanding Article 32 of this Regulation, the second indent of Article 3 and Articles 4 
and 6 of Decision 2000/439/EC, as well as the Annex to that Decision, shall continue to apply 
to the 2007 and 2008 national programmes in the field of data collection and management."  

Article 2 

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

[Article 1(19) shall apply from 1 January 2007.] 

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

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Done at Brussels,  
For the European Parliament 
The President 

For the Council 
The President 

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