CELEX: 32006R1985
Language: en
Date: 2006-12-22 00:00:00
Title: Commission Regulation (EC) No 1985/2006 of 22 December 2006 laying down detailed rules for calculating aid granted by Member States to producer organisations in the fisheries and aquaculture sector

29.12.2006        EN                        Official Journal of the European Union                             L 387/13
                                   Commission Regulation (EC) No 1985/2006
                                                  of 22 December 2006
         laying down detailed rules for calculating aid granted by Member States to producer
                              organisations in the fisheries and aquaculture sector
    THE COMMISSION OF THE EUROPEAN COMMUNITIES,
    Having regard to the Treaty establishing the European Community,
    Having regard to Council Regulation (EC) No 2792/1999 of 17 December 1999 laying down the
    detailed rules and arrangements regarding Community structural assistance in the fisheries sector1,
    and in particular Article 15(4) thereof,
    Whereas:
    (1)     Commission Regulation (EC) No 908/2000 of 2 May 2000 laying down detailed rules for
            calculating aid granted by Member States to producer organisations in the fisheries and
            aquaculture sector2 has been substantially amended3. In the interests of clarity and rationality
            the said Regulation should be codified.
    (2)     Article 15(1) of Regulation (EC) No 2792/1999 lays down the general conditions for
            granting and financing aid from the Member States to producer organisations recognised
            under Article 5 and, where appropriate, specifically recognised under Article 12 of Council
            Regulation (EC) No 104/2000 of 17 December 1999 on the common organisation of the
            markets in fishery and aquaculture products4.
    (3)     To ensure that such aids are granted and financed under identical conditions, detailed rules
            should be laid down for calculating the value of the production marketed by producer
            organisations and the administrative expenses of such organisations and such calculations
            should be done on the basis of supporting accounting documents. In view of the difficulty of
            obtaining such documents in some cases, however, a flat-rate method should be available by
            way of an alternative.
    1
            OJ L 337, 30.12.1999, p. 10. Regulation as last amended by Regulation (EC) No 485/2005 (OJ L 81,
            30.3.2005, p. 1).
    2
            OJ L 105, 3.5.2000, p. 15. Regulation as amended by Regulation (EC) No 2438/2000 (OJ L 280, 4.11.2000, p.
            37).
    3
            See Annex I.
    4
            OJ L 17, 21.1.2000, p. 22. Regulation as amended by the 2003 Act of Accession.
 ---pagebreak--- L 387/14         EN                        Official Journal of the European Union                  29.12.2006
   (4)    The aid for which an association of producer organisations may qualify should be limited to
          a maximum overall amount, given that each of the member organisations may qualify for
          foundation and operating aid.
   (5)    Detailed rules should be laid down defining expenses in connection with the implementation
          of a quality improvement plan by a producer organisation.
   (6)    Detailed rules should be laid down governing the reimbursement of the Community
          contribution towards aid granted by Member States after 1 January 2000 on the basis of
          Articles 7 and 7b of Council Regulation (EEC) No 3759/925.
   (7)    The measures provided for in this Regulation are in accordance with the opinion of the
          Management Committee for Fisheries and Aquaculture,
   HAS ADOPTED THIS REGULATION:
                                                          Article 1
   This Regulation lays down detailed rules on granting aid to producer organisations in fisheries and
   aquaculture under Article 15(1)(a) and (b) of Regulation (EC) No 2792/1999.
                                                          Article 2
   1. Members whose production can be taken into account for the application of Article 15(1)(a) of
   Regulation (EC) No 2792/1999 shall be:
   (a)      producers who were members of the organisation when it was recognised and who have
            remained members throughout the year to which the aid application relates;
   (b)      producers who joined the organisation after it was recognised and who have been members
            for the last nine months of the year to which the aid application relates.
   2. An association of producer organisations may be granted aid under Article 15(1)(a) of Regulation
   (EC) No 2792/1999 up to a maximum of EUR 180 000.
                                                          Article 3
   1. To calculate the aid provided for in Article 15(1)(a)(i) of Regulation (EC) No 2792/1999, the
   value of production marketed by the producer organisation shall be established on a flat-rate basis,
   for each year, by multiplying for each product covered by the organisation:
   (a)      the weighted average production, expressed in 100 kg net, marketed by the members
            during the three calendar years preceding the period to which the aid application relates,
   5
           OJ L 388, 31.12.1992, p. 1. Regulation repealed by Regulation (EC) No 104/2000.
 ---pagebreak--- 29.12.2006       EN                     Official Journal of the European Union                     L 387/15
            by
    (b)     the weighted average producer price obtained by those producers during the same period,
            calculated per 100 kg net.
    2. To calculate the average production referred to in paragraph 1(a), the production marketed by
    members during each of the three years mentioned therein shall be determined:
    (a)     on the basis of available supporting commercial and accounting documents,
            or, failing that,
    (b)     by means of a flat-rate valuation by the competent authorities of the Member State, on the
            basis of parameters determined in advance depending on the types of production involved.
    3. To calculate the average price referred to in paragraph 1(b), the average price obtained by
    producers for each of the three years concerned shall be determined by the competent services of
    the Member State:
    (a)     on the basis of available supporting commercial and accounting documents,
            or, failing that,
    (b)     by calculating the average annual price for each product on the principal market in the area
            of activity of the producer organisation in question.
                                                       Article 4
    1. The administrative expenses within the meaning of Article 15(1)(a)(ii) of Regulation (EC) No
    2792/1999 shall be the expenditure actually paid by the producer organisation in establishing itself
    and operating, falling within the following headings:
    (a)     expenditure in connection with the preparatory work for setting up the organisation and
            drawing up or amending its constituting act and its statutes;
    (b)     expenditure on checking compliance with the rules referred to in Article 5(1) of Regulation
            (EC) No 104/2000;
    (c)     personnel expenditure (wages and salaries, training expenses, social security charges and
            mission expenses) and fees for technical services and advice;
    (d)     expenditure on correspondence and telecommunications;
    (e)     expenditure on office equipment and depreciation or expenditure on leasing such
            equipment;
    (f)     expenditure on the means of transport available for the organisation's staff;
 ---pagebreak--- L 387/16          EN                    Official Journal of the European Union                   29.12.2006
   (g)       rent or, in the case of purchase, interest charges actually paid and other expenditure and
             charges arising from occupation of the premises used for the administrative operation of
             the producer organisation;
   (h)       expenditure on insurance relating to staff transport and administrative buildings and
             contents.
   2. The producer organisation shall have the option of spreading the expenses referred to in
   paragraph 1 over the years during which the aid is granted.
   3. The amount of the administrative expenses as defined in paragraph 1 must be established on the
   basis of supporting commercial and accounting documents.
                                                       Article 5
   1. The expenses referred to in Article 15(1)(b) of Regulation (EC) No 2792/1999 shall be the
   expenditure actually paid by the producer organisation for drawing up and implementing the quality
   improvement plan approved under Article 12 of Regulation (EC) No 104/2000, falling within the
   following headings:
   (a)       expenditure in connection with preliminary studies, drawing up and amending the plan;
   (b)       expenditure referred to in Article 4(1)(c), (d) and (e) of this Regulation;
   (c)       expenditure on measures to inform members about technical means and skills for
             improving quality;
   (d)       expenditure on establishing and implementing a system for checking compliance with the
             measures adopted by the organisation for applying the quality improvement plan.
   2. The producer organisation shall have the option of spreading the expenses referred to in
   paragraph 1 over the years during which the aid is granted.
   3. The amount of the administrative expenses as defined in paragraph 1 must be established on the
   basis of supporting commercial and accounting documents clearly showing that the expenditure
   relates to implementing the plan.
                                                       Article 6
   In the case of aid decided on by Member States after 1 January 2000 on the basis of Articles 7 and
   7b of Regulation (EEC) No 3759/92, reimbursement shall be made in the context of the
   programming of the Structural Funds for the Member State concerned for the period 2000 to 2006.
                                                       Article 7
   Regulation (EC) No 908/2000 is repealed.
 ---pagebreak--- 29.12.2006       EN                   Official Journal of the European Union                       L 387/17
    References to the repealed Regulation shall be construed as references to this Regulation and shall
    be read in accordance with the correlation table in Annex II.
                                                     Article 8
    This Regulation shall enter into force on the twentieth 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, 22 December 2006.
                                                   For the Commission
                                                   The President
                                                   José Manuel BARROSO
 ---pagebreak--- L 387/18       EN                   Official Journal of the European Union                           29.12.2006
                                                 ANNEX I
                             Repealed Regulation with its amendment
         Commission Regulation (EC) No 908/2000                         (OJ L 105, 3.5.2000, p. 15)
         Commission Regulation (EC) No 2438/2000                        (OJ L 280, 4.11.2000, p. 37)
                                              _____________
 ---pagebreak--- 29.12.2006         EN               Official Journal of the European Union              L 387/19
                                                 ANNEX II
                                         CORRELATION TABLE
            Regulation (EC) No 908/2000                                 This Regulation
    Article 1                                          Article 1
    Article 2                                          Article 2
    Article 3                                          Article 3
    Article 4                                          Article 4
    Article 5                                          Article 5
    Article 6, first paragraph                         _____
    Article 6, second paragraph                        _____
    Article 6, third paragraph                         Article 6
    _____                                              Article 7
    Article 7                                          Article 8
    _____                                              Annex I
    _____                                              Annex II
                                              _____________