Proposal for a Council Decision on a financial contribution from the Community towards the expenditure incurred by the Member States in collecting data, and for financing studies and pilot projects for carrying out the common fisheries policy
29. 2. 2000 EN Official Journal of the European Communities C 56 E/29 Proposal for a Council Decision on a financial contribution from the Community towards the expenditure incurred by the Member States in collecting data, and for financing studies and pilot projects for carrying out the common fisheries policy (2000/C 56 E/09) (Text with EEA relevance) COM(1999) 551 final - 1999/0224(CNS) (Submitted by the Commission on 3 November 1999) THE COUNCIL OF THE EUROPEAN UNION, the Community management of basic data; framework for the collection and Having regard to the Treaty establishing the European Community, and in particular Article 37 thereof, Having regard to the proposal from the Commission, Having regard to the opinion of the European Parliament, Whereas: (1) Article 16 of Council Regulation (EEC) No 3760/92 of 20 December 1992 establishing a Community system for fisheries and aquaculture (1), as last amended by Regulation (EC) No 1181/98 (2), provides that the situation as regards fishery resources, and its economic implications, needs to be assessed regularly; (2) Council Regulation (EC) No. /1999 of. 1999 estab- lishes a Community framework for the collection and management of the fisheries data needed to conduct the common fisheries policy (CFP); to the more efficient management of of resources; while (3) By collecting this information Member States are carrying out a task which is beneficial to the Community in that it the contributes common the programmes is the responsibility of the Member States, they should therefore qualify for a contribution from the Community towards certain costs incurred in collecting and managing the data needed to carry out the CFP; implementation (4) The action taken by the Commission to assist the collection of this information through annual calls for proposals financed as FIFG innovative measures has reached a level of stability; this action should be consolidated, therefore, on a multiannual basis under heading 3 of the financial perspective; (5) The methods used to collect and process the basic data on fisheries should be compared and ways should be sought of improving them; the quality of the results obtained should be examined and assessed regularly; (6) Financial assistance should therefore be granted to explore the possibilities and usefulness of extending the scope of (1) OJ L 389, 31. 12. 1992. (2) OJ L 164, 9. 6. 1998, p. 1. (7) The pilot projects and studies needed to carry out the common fisheries policy should be eligible for support, in particular for economic and bio-economic analyses, work on eliminating and preventing overcapacity, and the relations between fisheries, aquaculture and the devel- opment of aquatic ecosystems; (8) Steps should be taken to ensure the satisfactory outcome of the measures financed under this Decision; (9) Rules should be laid down governing the eligibility of the expenditure, the level of the Community contribution and the terms on which it will be made available, HAS ADOPTED THIS DECISION: Article 1 1. The Community may provide financial assistance for the measures referred to in this Decision under the terms and conditions laid down herein. 2. The measures for which financial assistance is provided for shall be the subject of Community multiannual indicative programming for the period 2000-2005. The annual appropri- ations shall be authorised by the budgetary authority within the limits of the financial perspective. TITLE I COMMUNITY EXPENDITURE FRAMEWORK FOR THE COLLECTION AND MANAGEMENT OF DATA INCURRED UNDER THE Article 2 1. This Title concerns data which must be collected regularly as provided for in Article 1 of Regulation (EC) No. /1999 (Community framework for the collection and management of data). 2. The Community assistance shall cover eligible expen- diture incurred by the Member States between 1 January 2000 and 31 December 2005. Only the expenditure referred to in Annex shall be regarded as eligible. C 56 E/30 EN Official Journal of the European Communities 29. 2. 2000 Article 3 Article 5 The contribution from the Community shall not exceed: - 50 % cost of the eligible public expenditure incurred in carrying out a minimum programme as provided for in Article 5 of Regulation (EC) No. /1999 (Community framework for the collection and management of data); 1. The assistance granted to a Member State in respect of each year of application of the programme shall be paid in two instalments: (a) 50 % when the application has been approved; contribution may be - 35 % of the eligible public additional expenditure incurred in carrying out an extended programme as provided for in Article 5 of Regulation (EC) No. /1999 (Community framework for the collection and management of data). A financial granted to measures connected with extended Community programmes only on condition that the requirements for the minimum Community programme and that the annual Community appropriations available under this Decision have not been exhausted by the financial contribution for the minimum programme. the Member State fully meets Article 4 1. Member States wishing to receive a financial contribution shall present to the Commission, not later than 31 May 2000, - a national programme as defined in Article 6 of Regulation (EC) No. /1999 (Community framework for the collection and management of data), - their annual expenditure forecasts for the period referred to in Article 2(2) for which they wish to receive a financial contribution from the Community. Each Member State shall 2. before 31 May each year starting in 2001, forward to the Commission, (b) the balance following the transmission to the Commission of the annual applications for the reimbursement of expen- incurred by the Member State and following diture the financial report acceptance by the Commission of report referred to in Article 4(2) and the technical referred to in paragraph 2. The Member States shall submit, no later than 31 May 2. following each year of application of the programme, - an annual report containing details of the attainment of the set when the minimum and the extended objectives programmes were drawn up. - their applications for the reimbursement of expenditure incurred for the previous calendar year, with supporting documents. 3. When submitting applications for the reimbursement of expenditure, the Member States shall take all appropriate steps to verify and certify: - that the measures implemented and the expenditure incurred under the Commission Decision referred to in Article 4(3) correspond to the programme accepted by the Commission, - a financial report containing a comparison of the expen- diture forecast with that incurred for the previous calendar year, - that the expenditure complies with the conditions set out in this Decision, in particular in the Annex, - where necessary, an update of its national programme, as defined in Article 6(2) of Regulation (EC) No. /1999 (Community framework for the collection and management of data), for the current and subsequent years. The Commission shall decide each year, on the basis of 3. the information provided by the Member States, on: (a) the eligibility of the forecast expenditure; (b) the amount of the financial assistance from the Community. 4. Decisions by the Commission to grant financial assistance shall be treated as equivalent to the commitment of expen- diture authorised by the budget. - that contracts are awarded in accordance with the legis- lation on public procurement. Article 6 The Commission representatives may out 1. on-the-spot checks, inter alia by random sampling, on the measures financed under this Decision, and study the control arrangements and measures put in place by the national auth- orities to prevent and penalise irregularities and, where necessary, recover funds lost as a result of an irregularity. carry The Commission may carry out all 2. it considers necessary to ensure compliance with the conditions and the performance of the tasks imposed by this Decision on the Member States, which shall assist the representatives appointed for this purpose by the Commission. the checks 29. 2. 2000 EN Official Journal of the European Communities C 56 E/31 Article 7 The report 1. to be drafted by the Commission by 31 December 2002 pursuant to Article 9(2) of Regulation (EC) No. /1999 (Community framework for the collection and management of data) shall also analyse the cost/benefit ratio of the work carried out. 2. On the basis of the report the Commission shall decide whether there is any need to amend this Decision or improve its application. TITLE II STUDIES AND PILOT PROJECTS Article 8 1. 2. The Commission may carry out studies and pilot projects. The spheres of activity that may be covered shall include: (a) methodological studies and projects aimed at optimising and standardising methods of collecting the data defined in Article 1 of Regulation (EC) No. /1999 (Community framework for the collection and management of data), (b) exploratory data collection projects in the areas defined in Article 9(3) of Regulation (EC) No. /1999 (Community framework for the collection and management of data), (c) economic and bio-economic analyses and simulations connected with decisions planned under the CFP and the evaluation of the impact of the CFP, (d) the examination of the links between catch capacity, fishing effort and mortality in each fishery, (e) improving the enforcement of the CFP, particularly in terms of cost-effectiveness, (f) evaluating and controlling the links between fishing activities and aquaculture and aquatic ecosystems. Pilot projects and studies may not cover measures which 3. are: (a) eligible under the fifth Framework Programme on Research; (b) covered by Title I of this Decision, The Commission shall publish each year a list of the 4. priority topics for studies and pilot projects. The financial contribution from the Community for 5. studies and pilot projects shall not exceed: (a) in the case of measures carried out following a call for proposals, 50 % of the total eligible costs. Universities and public research bodies which, under the law of the country to which they are subject, are required to defray marginal costs, may submit proposals in respect of up to 100 % of the marginal costs incurred in carrying out a project; (b) 100 % of eligible expenditure incurred in carrying out studies and pilot projects at the Commission’s initiative as a result of a procedure other than a call for proposals. 6. The financing of all studies and pilot projects carried out pursuant to paragraph 2(c) to 2(f) may not exceed (15 %) of the annual appropriations authorised for the measures financed under this Decision. TITLE III GENERAL PROVISIONS Article 9 Financing may also be provided, at the Commission’s initiative, for the period referred to in Article 2(2), to cover: 1. expenditure on technical and administrative assistance for the mutual benefit of the Commission and the beneficiaries of the measure, and falling outside the realm of ongoing public service tasks connected with identifying, preparing, managing, monitoring, the programmes and projects referred to in Titles I and II of this Decision; checking auditing and 2. the costs of disseminating the results achieved via the national programmes, studies and pilot projects referred to in Titles I and II of this Decision. Article 10 This Decision shall apply from (date of entry into force of Regulation (EC) No. /1999 (Community framework for the collection and management of data)). (c) covered by Articles 21 and 22 of Council Regulation (EC) No 1260/1999 laying down general provisions on the Structural Funds (1). Artikel 11 This Decision is addressed to the Member States. (1) OJ L 161, 26. 6. 1999, p. 1. C 56 E/32 EN Official Journal of the European Communities 29. 2. 2000 ANNEX EXPENDITURE ELIGIBLE UNDER COMMUNITY PROGRAMMES Without prejudice to paragraph 4 of this Annex, eligible expenditure shall consist only of expenditure actually borne by the beneficiary and the participants between the date of commencement of the project and its date of completion, and required for carrying out the work. Eligible expenditure may include all or some of the following: - staff costs - travelling expenses - durable goods - consumable materials and supplies - computer costs - other expenditure provided for in paragraph 6 of this Annex. 1. Staff costs 1. 1. Expenditure on staff for the time actually devoted to the project by scientific or technical staff only. 1. 2. Staff costs shall be apportioned in relation to the working time actually devoted to the project and shall be calculated by reference to: - actual labour costs (wages, social costs, social security and pension contributions), or - average labour costs, in line with the practice of the beneficiary or the participant concerned, if this average does not diverge significantly from actual labour costs. 1. 3. Time devoted by staff to the programme and apportioned must appear in full in the records (time sheets) and be certified at least once each month by the person responsible for the programme or any other competent member of the managerial staff working on the programme. 2. Travelling expenses 2. 1. Travelling expenses shall be apportioned in accordance with the internal rules of the beneficiaries or participants; however, for journeys outside the European Union, the prior agreement of the Commission shall be required. 3. Durable goods 3. 1. Expenditure on durable goods shall relate to purchase or production after the date of actual commencement of the programme or within the preceding six months and: - which have an expected life not shorter than the duration of the work under the programme; - which are included in the inventory of durable goods of the coordinator or participant concerned, or - which are regarded as assets in accordance with the accounting methods, rules and principles of the beneficiary or participant concerned. 3. 2. For the purpose of calculating the eligible expenditure, durable goods will be considered to have a probable life of 36 months in the case of computer equipment of a value not exceeding EUR 10 000, and 60 months in the case of other goods. The eligible amount will depend on the expected life of the goods in relation to the duration of the programme, on condition that the period used to calculate this amount starts on the actual date of commencement of the programme, or the date of purchase of the goods where this occurs after the date of commencement, and ends on the date of completion of the programme. Account should be taken also of the use made of the goods during that period. 3. 3. For each purchase of durable goods, a certified copy of the invoice must be attached to the statement of income and expenditure, and forwarded to the Commission. 29. 2. 2000 EN Official Journal of the European Communities C 56 E/33 4. Consumable products and materials 4. 1. Expenditure on consumable raw materials for the purchase, production, repair or use of any goods or equipment which: - have a probable life shorter than the duration of the work under the programme, and - are not included in the inventory of durable goods of the beneficiary or participant concerned, or - are not regarded as assets in accordance with the accounting principles, rules and methods of the coordinator or participant concerned. 5. Computer costs 5. 1. Expenditure on the establishment and supply to Member States of software for the management and interrogation of databases. 6. Outside assistance/Subcontracting and/or other expenditure 6. 1. Subcontracting/outside assistance (standard and non-innovative services, provided for beneficiaries or partners who are unable to provide them themselves) or any other additional or unforeseen expenditure not falling within one of the above categories may be charged to the programme only with the prior agreement of the Commission. 6. 2. Countries outside the European Union may, their contribution is necessary or desirable for carrying out Community programmes, participate as subcontractors in a national programme with the written approval of the Commission. if 7. Unauthorised expenditure 7. 1. The expenditure listed below is not regarded as eligible and may not be charged directly or indirectly to the Commission: - profit margins - expenditure on luxuries - distribution, marketing and advertising costs of promoting products and commercial activities - provisions - interest or income on capital investments - bad debts - entertainment expenses, other than those regarded by the Commission as strictly necessary for carrying out the work under the project - all expenditure on other projects financed by a third party - all expenditure on protecting the results of the work carried out under the project - indirect costs such as: administration, support staff, office supplies, infrastructure, goods and services - VAT and other recoverable types of levy, charge or duty, reimbursed or offset, in one way or other