Commission Decision

of 18 December 2008

on a financial contribution from the Community for 2008 towards expenditure incurred by Greece, Spain and Italy for the purchase and modernisation of vessels and aircraft used for inspection and surveillance of fishing activities

(notified under document number C(2008) 8431)

(Only the Spanish, Greek and Italian texts are authentic)

(2009/7/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

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 Sea1, and in particular Article 21 thereof,

Whereas:

(1)

Member States have notified to the Commission their annual fisheries control programme for 2008 together with the applications for a Community financial contribution towards the expenditure to be incurred in carrying out the projects contained in such programme.

(2)

Applications concerning measures in the area of control and enforcement listed in Article 8(a) of Regulation (EC) No 861/2006 may qualify for Community funding.

(3)
Applications for Community funding are to comply with the rules set out in Commission Regulation (EC) No 391/2007 of 11 April 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 policy2.
(4)

It is appropriate to fix the maximum amounts and the rate of the Community financial contribution within the limits set by Article 15 of Regulation (EC) No 861/2006 and to lay down the conditions under which such contribution may be granted.

(5)

It is appropriate to fix a deadline for the claims of reimbursement by Member States to the Commission in order to facilitate the closure of outstanding commitments.

(6)

The deadline for the payments in respect of which a reimbursement is claimed has to take into account the rules defined in the Regulation (EC) No 391/2007 as well as the average duration of the projects financed.

(7)
Commission Decision 2008/860/EC3 on a Community financial contribution towards Member States’ fisheries control, inspection and surveillance programmes for 2008 was adopted on the 29 of October 2008. That Decision however did not include projects over EUR 1 000 000 relating to expenditure incurred by Greece, Spain and Italy for the purchase and modernisation of patrol vessels and aircraft used for inspection and surveillance of fishing activities. It is therefore necessary to fix the maximum amounts and the rate of the Community financial contribution and to lay down the conditions under which such contribution may be granted in relation to such projects.
(8)

From the applications submitted by Spain, two projects were finally postponed by that Member State.

(9)

Two applications from Italy should be considered ineligible according to public procurement rules.

(10)

The measures provided for in this Decision are in accordance with the opinion of the Committee for Fisheries and Aquaculture,

HAS ADOPTED THIS DECISION: