COMMISSION REGULATION (EEC) No 2320/88 of 26 July 1988 laying down detailed rules for the application of Council Regulation (EEC) No 4028/86 in regard to projects to locate new markets
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 4028/86 of 18 December 1986 on Community measures to improve and adapt structures in the fisheries and aquaculture sector (1), and in particular Articles 29 (3) and 31 (2) thereof,
Whereas the scope of projects for promoting the consumption of fish products from surplus or underfished species that may be considered for Community financial assistance should be defined;
Whereas the nature of the project costs qualifying for reimbursement should also be defined;
Whereas project applications must contain information enabling the Commission to take a decision thereon and must be presented in standardized form;
Whereas payment application submitted by Member States to the Commission must contain certain information from which it can be ascertained that the expenditure is consonant with the provisions of Regulation (EEC) No 4028/86;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Standing Committee for the Fishing Industry,
(2) OJ No L 376, 31. 12. 1986, p. 7.
TITLE 1 Eligible projects Article 1 1.  Projects to promote and find new outlets in the Community for fish products from surplus or underfished species, ´species', shall be eligible for consideration for Community financial aid under Article 29 of Regulation (EEC) No 4028/86. Projects may  involve:
- promotion campaigns,
- consumer surveys,
- consumer pilot tests,
- organization and participation in fairs and exhibitions,
- market studies, sampling,
- sales consultancy and assistance, services to wholesalers and retailers.
Projects must be sufficiently large in scale to have a clear impact on consumption.
2.  Projects covered by paragraph 1 must be concerned with products for human consumption. They may involve species subject to quantitative restrictions of which there is temporary oversupply.
3.  The Commission may, however, under Article 31 of Regulation (EEC) No 4028/86 grant financial assistance for promotion operations other than those specified in paragraphs 1 and 2 that meet the requirements of Article 29 thereof.
1.  Projects falling within the field of application of Council Regulation (EEC) No 355/77 of 15 February 1977 on a common measure to improve the conditions under which agricultural and fishery products are processed and marketed (3) are  exluded from the scope of Article 1.
2.  Projects for which Community aid is granted under other Community schemes are excluded from the scope of Article 1.
TITLE II Determination of eligible costs Article 3 1.  All expenditure, net of reclaimable taxes, required to implement projects covered by Article 1 shall count as expenditure eligible for aid. The emoluments and expenses of persons employed by the body responsible for the project, as indicated in  Article 29 (2) (a) of Regulation (EEC) No 4028/86, and investments in production are, however, excluded.
2.  Only expenditure incurred after the date of recorded receipt of the aid application at the Commission shall be eligible for aid.
TITLE III Submission of projects for scrutiny Article 4 1.  Projects submitted to the Commission must contain the particulars specified in Annex 1 and be presented in the form there shown.
2.  Two copies of the applications referred to in paragraph 1 shall be submitted to the Commission. One copy only of supporting and other documents need be presented.
3.  Applications shall be recorded as received at the Commission on the day on which they arrive.
1.  In considering applications the Commission shall take into account:
(4) OJ No L 51, 23. 2. 1977, p. 1.
- the market, the extent of oversupply or the scale of exploitation of the species concerned,
- the quality and cost of the project,
- the experience of the body proposing the project,
- the prospects of success of the project.
2.  The Commission may seek the assistance of specialist market research and advertising agencies and of experts whose independence can be guaranteed.
TITLE IV Financial and general provisions Article 6 1.  The aid shall be granted to the public, semi-public or private organizations with ultimate financial responsibility for the project.
2.  Aid payment applications shall be transmitted to the Commission through the competent national authority designated by the Member State for this purpose. They shall be submitted in two copies in the form set out in Annex II to this Regulation. They  shall be accompanied by a descriptive report (intermediary or final) indicating the completion of the work and the use of funds.
The number of payments may not exceed the number of instalments set in the decision to grant aid.
Aid payments shall be made through agencies designated for the purpose by the Member State.
The competent authorities shall send to the Commission, within three months of the entry into force of this Regulation, a detailed description of the control methods employed to certify the accuracy of the data contained in the payment  requests under Article 6 (2).
The beneficiary shall undertake an evaluation of the results of the action undertaken, at the latest on the date indicated in the decision to grant aid.
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.