Commission Regulation (EU) No 1257/2009 of 15 December 2009 amending Regulation (EC) No 391/2007 laying down detailed rules for the implementation of Council Regulation (EC) No 861/2006 as regards the expenditure incurred by Member States in implementing the monitoring and control systems applicable to the Common Fisheries Policy

• Published date: 19 December 2009
• Subject Matter: Fisheries policy
• Official Gazette Publication: Official Journal of the European Union, L 338, 19 December 2009

19.12.2009 EN Official Journal of the European Union L 338/22

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COMMISSION REGULATION (EU) No 1257/2009

of 15 December 2009

amending Regulation (EC) No 391/2007 laying down detailed rules for the implementation of Council Regulation (EC) No 861/2006 as regards the expenditure incurred by Member States in implementing the monitoring and control systems applicable to the Common Fisheries Policy

THE EUROPEAN COMMISSION,

Having regard to the Treaty establishing the European Community,

Having regard to the Treaty on the Functioning of the European Union,

Having regard 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 Sea (1), and in particular Article 31 thereof,

Whereas:

(1) The EU has been financing Member States actions in the field of fisheries control and enforcement since 1990 pursuant to the objectives of the Common Fisheries Policy set out in particular by Council Regulation (EC) No 2371/2002 (2).

(2) Regulation (EC) No 861/2006 provides, amongst other actions, for EU financial measures for expenditure on fisheries control, inspection and surveillance for the period 2007 to 2013. Commission Regulation (EC) No 391/2007 (3) establishes detailed rules for the implementation of such measures.

(3) In view of the principle of sound financial management, Member States must have clear indications on the rules to be followed in order to benefit from EU financial assistance when incurring on expenditure in the area of fisheries control and enforcement.

(4) Rules applicable to the EU financial contribution to national control programmes should be simplified and clarified.

(5) Claims for reimbursement have to be linked to the precise Commission decision approving the project for which a reimbursement is claimed.

(6) Specific rules should be set for the eligibility of expenditure incurred in implementing projects co-financed under several successive Commission decisions.

(7) Claims for reimbursement by project may be sent to the Commission before a project is completed. Therefore Member States are required to request reimbursement within a certain time following the date on which expenditure was incurred or it will be considered as ineligible.

(8) Regulation (EC) No 391/2007 should therefore be amended accordingly,

(9) The measures provided for in this Regulation are in accordance with the opinion of the Committee for Fisheries and Aquaculture,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 391/2007 is amended as follows:

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