Commission Regulation (EC) No 366/2001 of 22 February 2001 laying down detailed rules for implementing the measures provided for in Council Regulation (EC) No 2792/1999

• Published date: 24 February 2001
• Subject Matter: Fisheries policy,Coordination of structural instruments,economic, social and territorial cohesion
• Official Gazette Publication: Official Journal of the European Communities, L 55, 24 February 2001

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Commission Regulation (EC) No 366/2001 of 22 February 2001 laying down detailed rules for implementing the measures provided for in Council Regulation (EC) No 2792/1999

Official Journal L 055 , 24/02/2001 P. 0003 - 0015

Commission Regulation (EC) No 366/2001

of 22 February 2001

laying down detailed rules for implementing the measures provided for in Council Regulation (EC) No 2792/1999

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 sector(1), and in particular Articles 8(7) and 21 thereof,

Whereas:

(1) Article 1 of Council Regulation (EC) No 1263/1999 of 21 June 1999 on the Financial Instrument for Fisheries Guidance(2) provides that the assistance will be financed within the general framework of Structural Funds programming.

(2) The programmes must be implemented in accordance with Council Regulation (EC) No 1260/1999 of 21 June 1999 laying down general provisions on the Structural Funds(3), and in particular Articles 31 to 33 and 37 to 39 thereof.

(3) With a view to the comprehensive monitoring of programme implementation, the annual reports referred to in Article 37 of Regulation (EC) No 1260/1999 must contain quantified and codified infomation in the form of strictly coordinated progress reports. The information concerned must cover not only projects implemented, being implemented or planned under the FIFG but also the withdrawal of existing vessels, carried out without public assistance in accordance with Article 9 of Regulation (EC) No 2792/1999.

(4) The progress reports must be compatible with Commission Regulations (EC) No 2090/98(4), (EC) No 643/2000(5) and (EC) No 1685/2000(6).

(5) The Commission must have available to it appropriate information concerning all structural measures carried out by the Member States in the fisheries sector, including the aid measures referred to in Article 19(2) of Regulation (EC) No 2792/1999. A harmonised system for the declaration by Member States of the amount of the aid paid for those purposes should therefore be established.

(6) With a view to the overall monitoring and evaluation of the impact of joint enterprises, a list should be drawn up of relevant and comparable data, to be sent to the Commission at the same time as the reports referred to in Article 8(5) of Regulation (EC) No 2792/1999.

(7) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Fisheries and Acquaculture,

HAS ADOPTED THIS REGULATION:

Article 1

1. Without prejudice to Article 37 of Regulation (EC) No 1260/1999, annual implementation reports shall comprise in particular progress reports on programmes providing information concerning:

(a) projects implemented, being implemented or planned under the FIFG; and

(b) the withdrawal of existing vessels, carried out without public aid, in accordance with Article 9 of Regulation (EC) No 2792/1999.

The projects are "implemented" or "being implemented" when the eligible expenditure has been certified and actually paid by the beneficiaries. The projects are "planned" when the credits have been engaged following an administrative decision granting public aid.

2. Each year before 30 April, progress reports shall be submitted to the Commission, in electronic form, in accordance with the model shown in Annex I to this Regulation.

One original paper copy shall be required in addition.

Article 2

Each year before 30 April, the Member States shall send the Commission a summary of the aids referred to in Article 19(2) of Regulation (EC) No 2792/1999, in accordance with the model shown in Annex II to this Regulation.

One original paper copy shall be required as a minimum.

Article 3

Member States shall take the necessary steps to ensure that the managing authority forwards to the Commission, in electronic form, the following information concerning each joint enterprise within the meaning of Article 8 of Regulation (EC) No 2792/1999:

(a) at the latest six months after the decision granting the premium, the basic information concerning the joint enterprise, in accordance with the model shown in Annex III(a) to this Regulation. Where necessary, this information shall be updated and forwarded again to the Commission;

(b) at the same time as the report on the implementation of the activity plan, information concerning the activity carried on during the period covered by the report in question, in accordance with the model shown in Annex III(b) to this Regulation.

Article 4

The detailed rules for the implementation of assistance granted by the FIFG for schemes defined by Council Regulation (EC) No 2468/98(7), including aid applications approved after 1 January 1994 under Council Regulations (EEC) No 4028/86(8) and (EEC) No 4042/89(9), shall continue to be governed by Commission Regulation (EC) No 1796/95(10).

Article 5

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.

Done at Brussels, 22 February 2001.

For the Commission

Franz Fischler

Member of the Commission

(1) OJ L 337, 30.12.1999, p. 10.

(2) OJ L 161, 26.6.1999, p. 54.

(3) OJ L 161, 26.6.1999, p. 1.

(4) OJ L 266, 1.10.1998, p. 27.

(5) OJ L 78, 29.3.2000, p. 4.

(6) OJ L 193, 29.7.2000, p. 39.

(7) OJ L 312, 20.11.1998, p. 19.

(8) OJ L 376, 31.12.1986, p. 7.

(9) OJ L 388, 30.12.1989, p. 1.

(10) OJ L 174, 26.7.1995, p. 11.

ANNEX I

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