欧洲议会和理事会条例(EU) No 1255/2011,关于制定一个方案以支持进一步发展综合海洋政策(1)

技术法规类型:欧盟Eurlex法规 来源:tbtmap

EURLEX ID:32011R1255

OJ编号:OJ L 321, 5.12.2011, p. 1-10

中文标题:欧洲议会和理事会条例(EU) No 1255/2011,关于制定一个方案以支持进一步发展综合海洋政策(1)

原文标题:Regulation (EU) No 1255/2011 of the European Parliament and of the Council of 30 November 2011 establishing a Programme to support the further development of an Integrated Maritime Policy (1)

分类:15.10.10_通则与程序

文件类型:二级立法 Regulation|条例

生效日期:2011-12-06

废止日期:2058-12-31

法规全文:查看欧盟官方文件

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5.12.2011 Official
Journal
of
the
European
Union L
321/1
I
(Legislative acts)
REGULATIONS
REGULATION (EU) No 1255/2011 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 30 November 2011
establishing a Programme to support the further development of an Integrated Maritime Policy
(Text with EEA relevance)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
coherent, transparent and sustainable decision-making in
EUROPEAN UNION,
relation to the oceans, seas, coastal, insular and
outermost regions and in the maritime sectors.
Having regard to the Treaty on the Functioning of the European
Union, and in particular Articles 43(2), 91(1), 100(2) and
173(3), Articles 175 and 188, and Articles 192(1), 194(2)
(2) The
Action
Plan
accompanying
the
Commission
and 195(2) thereof,
Communication sets out a number of actions that the
Commission proposes to take as a first step in imple
menting a new IMP for the Union.
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national
(3) The
Commission's
Progress
Report
on
the
EU's
Integrated
parliaments,
Maritime Policy of 15 October 2009 sums up the main
achievements of the IMP up to that date, and charts the
course for its next implementation phase.
Having regard to the opinion of the European Economic and
Social Committee ( 1 ),
(4) In
its
conclusions
of
16
November
2009
on
Integrated
Having regard to the opinion of the Committee of the
Maritime Policy, the Council highlighted the importance
Regions (
of funding for the further development and implemen

2 ),
tation of the IMP by inviting the Commission to present
the necessary proposals for the financing of integrated
maritime policy actions within the existing Financial
Acting in accordance with the ordinary legislative procedure ( 3 ),
Perspective, with a view to entry into force by 2011.
Whereas:
(5) In
its
resolution
of
21
October
2010
on
Integrated
Maritime Policy (IMP) – Evaluation of progress made
(1)
In line with the Communication from the Commission
and new challenges, the European Parliament expressly
to the European Parliament, the Council, the European
supported the Commission's stated intention ‘to finance
Economic and Social Committee and the Committee of
the IMP with EUR 50 million over the next 2 years in
the Regions of 10 October 2007 on an Integrated
order to build upon previous projects in the areas of
Maritime Policy for the European Union (‘the
policy, governance, sustainability and surveillance’.
Commission Communication’), the primary objective of
the Union's Integrated Maritime Policy (‘IMP’) is to
develop and implement integrated, coordinated,
(6)
The financial envelope for the IMP set out in this Regu
( 1 ) OJ C 107, 6.4.2011, p. 64.
lation takes into account both the current economic
( 2 ) OJ C 104, 2.4.2011, p. 47.
downturn and the fact that this is the first operational
( 3 ) Position of the European Parliament of 17 November 2011 (not yet
published in the Official Journal) and decision of the Council of
programme specifically dedicated to the implementation
24 November 2011.
of the IMP.

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Official Journal of the European Union
5.12.2011
(7) Continued
Union
funding
is
needed
to
enable
the
Union
governance schemes; the protection and sustainable use
to implement and further develop the IMP in line with
of marine and coastal resources; and the definition of the
the European Parliament resolution of 20 May 2008 on
boundaries of the sustainability of human activities and
an integrated maritime policy for the European Union ( 1 )
the protection of the marine and coastal environment
and to pursue its overarching objectives as set out in the
and biodiversity in the framework of the Marine
Commission Communication, and as confirmed in the
Strategy Framework Directive ( 2 ), which constitutes the
Progress Report of October 2009 and endorsed by the
environmental pillar of the IMP, as well as the Water
Council in its conclusions of 16 November 2009.
Framework Directive ( 3 ).
(8) As
not
all
IMP
priorities
and
goals
are
covered
by
existing Union instruments, such as the Cohesion Fund,
(13) It is important for the Programme to tie in with other
the European Regional Development Fund, the European
Union policies that may encompass a maritime
Fisheries Fund, the Seventh Framework Programme for
dimension, in particular the structural funds, the trans-
research, technological development and demonstration
European transport network, the common fisheries
activities, the Instrument for Pre-Accession Assistance
policy, tourism, environment and climate change, the
and the European Neighbourhood and Partnership
framework programme for research and development
Instrument, it is therefore necessary to establish a
and energy policy.
Programme to support the further development of the
IMP (‘the Programme’).
(14) In
order to ensure coherence between the different
(9) Without
prejudice
to
the
forthcoming
negotiations
on
aspects of the Programme, its general objectives should
the post-2013 multiannual financial framework,
be set out. For every general objective, more detailed
sufficient resources will need to be available to ensure
operational objectives should be established. The
that the objectives of the IMP can be developed and
distribution of funds among the general objectives, for
achieved, without undermining the resources earmarked
the period 2011-13, is indicated in the Annex. This
for other policies, whilst boosting the sustainable devel
distribution provides flexibility to increase/decrease the
opment of the Union's maritime regions, including
general financial allocation per objective without
islands, and the outermost regions. To this end it is
exceeding the overall financial envelope.
considered essential to include the IMP in the post-
2013 multiannual financial framework. In addition, if
appropriate, a proposal should be drawn up to provide
for the extension of the Programme beyond 2013,
(15) Union
funding
should
enable
support
for
the
devel
together with a proposal laying down an appropriate
opment of the integration of maritime surveillance in
financial envelope.
line with the European Parliament resolution of
21 October 2010 and the Council conclusions of
17 November 2009 on Integration of Maritime
Surveillance, taking into account the roadmap towards
(10) The
development
of
maritime
affairs
through
financial
support for IMP measures will have a significant impact
establishing the Common Information Sharing
in terms of economic, social, and territorial cohesion.
Environment for the EU maritime domain (CISE). This

dedicated funding should therefore be limited to the
development of a decentralised information exchange
system, namely measures including software, to
(11) Union funding should be designed to support
enhance interface between surveillance systems. The
exploratory work on actions which aim to promote the
Programme should take into account the results from
strategic objectives of the IMP, paying due attention to
other projects regarding the decentralised maritime
their cumulative impacts, on the basis of the ecosystem
surveillance system.
approach, to sustainable ‘blue’ economic growth,
employment, innovation and competitiveness in coastal,
insular and outermost regions, and to the promotion of
the international dimension of the IMP.
(16) Implementation
of
the
Programme
in
third
countries
should contribute to the development objectives of the
beneficiary country and be consistent with other coop
(12) The
strategic
objectives
of
the
IMP
include
integrated
eration instruments of the Union, including the
maritime governance at all levels; the further devel
objectives and priorities of the relevant Union policies
opment and implementation of integrated sea-basin
and Union acquis, and the relevant international
strategies tailored to the specific needs of Europe's
conventions.
different sea basins; the further development of cross-
cutting tools for integrated policy-making aiming to
( 2 ) Directive 2008/56/EC of the European Parliament and of the
improve synergies and coordination between existing
Council of 17 June 2008 establishing a framework for
policies and instruments, including through maritime-
Community action in the field of marine environmental policy
related data and knowledge sharing; the closer
(Marine Strategy Framework Directive) (OJ L 164, 25.6.2008, p. 19).
involvement of stakeholders in integrated maritime
( 3 ) Directive 2000/60/EC of the European Parliament and of the
Council of 23 October 2000 establishing a framework for
Community action in the field of water policy (OJ L 327,
( 1 ) OJ C 279 E, 19.11.2009, p. 30.
22.12.2000, p. 1).

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(17) The Programme should be complementary to, and
(24) In
relation
to
the
actions
financed
under
this
Regulation,
coherent with, existing and future financial instruments
it is necessary to ensure the protection of Union financial
made available by the Union and the Member States, at
interests by the application of Council Regulation (EC,
national and sub-national level, for promoting the
Euratom) No 2988/95 of 18 December 1995 on the
protection and sustainable use of the oceans, seas and
protection of the European Communities financial
coasts, helping to foster more effective cooperation
interests ( 5 ), Council Regulation (Euratom, EC)
between the Member States and their coastal, insular
No 2185/96 of 11 November 1996 concerning on-the-
and outermost regions, and taking into account the prio
spot checks and inspections carried out by the
ritisation and progress of national and local projects.
Commission in order to protect the European Commun
ities' financial interests against fraud and other irregu
larities ( 6 ), and Regulation (EC) No 1073/1999 of the
(18) The actions foreseen in the Programme should be
European Parliament and of the Council of 25 May
complementary to other Union actions, in order to
1999 concerning investigations conducted by the
ensure the coherent implementation of the legal acts of
European Anti-Fraud Office (OLAF) ( 7 ).
the Union concerning the relevant sectoral policies, while
avoiding duplication.
(25) In
order
to
ensure
the
effectiveness
of
Union
financing,
actions funded under this Regulation should be regularly
(19) It is also necessary to lay down rules governing the
evaluated.
programming of the measures, the eligibility of expen
diture, the level of Union financial assistance, the main
conditions on which it should be made available and the
(26) It is understood that none of the actions foreseen in the
overall budget for the Programme.
context of the Programme would require recourse to an
additional legal basis.
(20) The
Programme
should
be
implemented
in
accordance
with Council Regulation (EC, Euratom) No 1605/2002
(27) Since the objectives of this Regulation cannot be
of 25 June 2002 on the Financial Regulation applicable
sufficiently achieved by the Member States acting alone,
to the general budget of the European Communities ( 1 )
and can therefore, by reason of the scale and effects of
(‘the Financial Regulation’) and Commission Regulation
the actions to be financed under the Programme, be
(EC, Euratom) No 2342/2002 of 23 December 2002
better achieved at Union level, the Union may adopt
laying down detailed rules for the implementation of
measures in accordance with the principle of subsidiarity
Council Regulation (EC, Euratom) No 1605/2002 on
as set out in Article 5 of the Treaty on European Union.
the Financial Regulation applicable to the general
In accordance with the principle of proportionality, as set
budget of the European Communities ( 2 ).
out in that Article, this Regulation does not go beyond
what is necessary in order to achieve those objectives,
(21) This
Regulation
lays
down
the
multiannual
programme's
financial envelope, which constitutes for the budgetary
HAVE ADOPTED THIS REGULATION:
authority, during the annual budgetary procedure, the
prime reference within the meaning of point 37 of the
Interinstitutional Agreement of 17 May 2006 between
the European Parliament, the Council and the
Article 1
Commission on budgetary discipline and sound
Subject matter
financial management ( 3 ).
This Regulation establishes a Programme to support measures
intended to promote the further development and implemen
(22) In order to help the Commission monitor the implemen
tation of the Union's Integrated Maritime Policy (‘the
tation of this Regulation, it should be possible to finance
Programme’).
expenditure relating to monitoring, checks and
evaluation.
The Union's Integrated Maritime Policy (‘IMP’) shall foster coor
dinated and coherent decision-making to maximise the
(23) The
annual
work
programmes
to
be
established
for
the
sustainable development, economic growth and social
implementation of the Programme should be adopted by
cohesion of Member States, in particular with regard to
the Commission in accordance with Regulation (EU)
coastal, insular and outermost regions in the Union, as well
No 182/2011 of the European Parliament and of the
as maritime sectors, through coherent maritime-related
Council of 16 February 2011 laying down the rules
policies and relevant international cooperation.
and general principles concerning mechanisms for
control by Member States of the Commission's exercise
of implementing powers ( 4 ).
The Programme shall support the sustainable use of the seas
and oceans, and the expansion of scientific knowledge.
( 1 ) OJ L 248, 16.9.2002, p. 1.
( 2 ) OJ L 357, 31.12.2002, p. 1.
( 5 ) OJ L 312, 23.12.1995, p. 1.
( 3 ) OJ C 139, 14.6.2006, p. 1.
( 6 ) OJ L 292, 15.11.1996, p. 2.
( 4 ) OJ L 55, 28.2.2011, p. 13.
( 7 ) OJ L 136, 31.5.1999, p. 1.

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Article 2
(c) enhance the visibility of, and raise the awareness of public
authorities, the private sector and the general public, to an
General objectives
integrated approach to maritime affairs.
The Programme shall have the following general objectives:
(a) to foster the development and implementation of integrated
2. Within
the
objective
set
out
in
Article
2(b)
(cross-sectoral
governance of maritime and coastal affairs;
tools), the Programme shall foster the development of:
(b) to contribute to the development of cross-sectoral tools,
(a) the Common Information Sharing Environment for the
namely Maritime Spatial Planning, the Common
Union maritime domain which promotes cross-sectoral
Information Sharing Environment (CISE) and marine
and cross-border surveillance information exchange inter
knowledge on the oceans, seas and coastal regions within
linking all user communities, in line with the principles of
and bordering the Union, in order to develop synergies and
the Integrated Maritime Surveillance so as to reinforce the
to support sea or coast-related policies, particularly in the
safe, secure and sustainable use of maritime space, taking
fields of economic development, employment, environ
into account the relevant developments of sectoral policies
mental protection, research, maritime safety, energy and
as regards surveillance and contributing, as appropriate, to
the development of green maritime technologies, taking
their necessary evolution;
into account and building upon existing tools and
initiatives;
(b) maritime spatial planning and integrated coastal zone
(c) to promote the protection of the marine environment, in
management, both important tools for the sustainable
particular its biodiversity, and the sustainable use of marine
development of marine areas and coastal regions and both
and coastal resources and to further define the boundaries
contributing to the aims of ecosystem-based management
of the sustainability of human activities that have an impact
and the development of land-sea links, as well as facilitating
on the marine environment, in particular in the framework
Member State cooperation, for example as regards the devel
of Directive 2008/56/EC (the Marine Strategy Framework
opment of experimental and other measures combining the
Directive);
generation of renewable energy and fish farming;
(d) to support the development and implementation of sea-
basin strategies;
(c) a comprehensive and publicly accessible high quality marine
data and knowledge base which facilitates sharing, reuse and
dissemination of these data and knowledge among various
(e) to improve and enhance external cooperation and coor
user groups using existing data, thus avoiding duplication of
dination in relation to the objectives of the IMP, on the
the databases; for this purpose, the best use shall be made of
basis of advancing debate within international forums; in
existing Union and Member State programmes, including
this respect, third countries shall be urged to ratify and
INSPIRE ( 1 ) and GMES ( 2 ).
implement the United Nations Convention on the Law of
the Sea (UNCLOS);
3. Within
the
objective
set
out
in
Article
2(c)
(protection
of
(f) to support sustainable economic growth, employment,
the marine environment) the Programme shall:
innovation and new technologies in maritime sectors and
in coastal, insular and outermost regions in the Union.
(a) support the protection and preservation of the marine and
Article 3
coastal environment, as well as prevent and reduce inputs to
the marine environment, including marine litter, with a view
Operational objectives
to phasing out pollution;
1. Within
the
objective
set
out
in
Article
2(a)
(integrated
maritime governance) the Programme shall:
(b) contribute to the health, biological diversity and resilience of
marine and coastal ecosystems;
(a) promote actions which encourage Member States and EU
regions to develop, introduce or implement integrated
( 1 ) Infrastructure for Spatial Information in Europe – Directive
maritime governance;
2007/2/EC of the European Parliament and of the Council of
14 March 2007 establishing an Infrastructure for Spatial Information
in the European Community (INSPIRE) (OJ L 108, 25.4.2007, p. 1).
(b) promote cross-sectoral cooperation platforms and networks,
( 2 ) Global Monitoring for Environment and Security – Regulation (EU)
including representatives of public authorities, regional and
No 911/2010 of the European Parliament and of the Council of
22 September 2010 on the European Earth monitoring
local authorities, industry, research stakeholders, citizens,
programme (GMES) and its initial operations (2011 to 2013) (OJ
civil society organisations and the social partners;
L 276, 20.10.2010, p. 1).

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(c) facilitate coordination between Member States and other
6. Within
the
objective
set
out
in
Article
2(f)
(growth,
actors in implementing the ecosystem-based approach to
employment and innovation) the Programme shall:
the management of human activities and the precautionary
principle;
(a) promote initiatives for growth and employment in the
maritime sectors and in coastal and insular regions;
(d) facilitate the development of methods and standards;
(b) promote training, education and career opportunities in
(e) promote actions for the mitigation of the effects of, and
maritime professions;
adaptation to, climate change on the marine, coastal and
insular environment, with a particular emphasis on those
areas that are most vulnerable in that respect;
(c) promote the development of green technologies, marine
renewable energy sources, green shipping and short sea
shipping;
(f) support the development of strategic approaches to research
for the purpose of assessing the current state of ecosystems,
thereby providing a basis for ecosystem-based management
(d) promote the development of coastal, maritime and island
and planning at regional and national levels.
tourism.
4. Within the objective set out in Article 2(d) (sea-basin
strategies), the Programme shall:
Article 4
Eligible actions
(a) support the development and implementation of integrated
The Programme may provide financial assistance for the
sea-basin strategies, taking into account a balanced
following types of actions in accordance with the objectives
approach in all sea basins as well as the specificities of
set out in Articles 2 and 3:
the sea basins and sub-sea basins, and of relevant macro-
regional strategies where applicable, and especially those in
which an exchange of information and experience between
(a) projects, including test projects; studies; research and oper
various countries is already established and operational
ational cooperative programmes, including education,
multinational structures exist;
professional training and retraining programmes;
(b) promote and facilitate the exploitation of synergies between
(b) public information and sharing best practice, awareness
the national, regional and Union levels, the sharing of
raising and associated communication and dissemination
information, including on methods and standards, and the
activities, including publicity campaigns and events, and
exchange of best practices on maritime policy, including its
the development and maintenance of websites and
governance and sectoral policies that have an impact on
relevant social networks and databases;
regional seas and coastal regions.
(c) conferences, seminars, workshops, and stakeholders fora;
5. Within
the
objective
set
out
in
Article
2(e)
(international
dimension) the Programme shall:
(d) pooling, monitoring and visualisation of, and ensuring
public access to, a significant amount of data, best
(a) encourage continuing working in close cooperation with
practices and databases on Union-funded regional projects,
Member States on an integrated approach with third
including where appropriate through a secretariat estab
countries and actors in third countries sharing a sea basin
lished for one or more of these purposes which will
with Member States of the Union, including on the ratifi
facilitate the adoption of common uniform standards for
cation and implementation of UNCLOS;
data collection and processing;
(b) encourage dialogue with third countries, taking into account
UNCLOS and the relevant existing international conventions
(e) actions relating to cross-cutting tools, including test
based on UNCLOS;
projects.
(c) encourage the exchange of best practices complementing
Article 5
existing initiatives, taking into account the development of
Type of financial intervention
regional strategies at the sub-regional level.
1. Union
financial
assistance
may
take
the
following
legal
forms:
This operational objective shall be pursued in coherence with
the cooperation instruments of the Union, taking into account
the objectives of the national and regional development
(a) grants, for which the maximum rate of Union co-financing
strategies.
per action shall be 80 %;

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(b) public procurement contracts;
among Member States, EU regions, stakeholders, citizens, civil
society organisations and the social partners, while guaranteeing
full transparency.
(c) administrative arrangements with the Joint Research Centre.
5. The
actions
supported
by
the
Programme
shall
facilitate
the exploitation of synergies, the sharing of information and the
2. Both grants for actions and operating grants may be
exchange of methods, standards and best practice.
awarded under the Programme. Save as otherwise provided in
the Financial Regulation, beneficiaries of the grants or public
procurement contracts shall be selected following a call for
proposals or a call for tenders.
6. The
principles
of
good
governance
and
transparency
of
decision-making processes shall apply to the implementation
of the Programme, and the Programme shall seek to contribute
to transparency and good governance in all related sectoral
Article 6
policies at Union, national and regional level.
Beneficiaries
1. Financial
assistance
under
the
Programme
may
be
granted,
Article 8
as a priority, to natural or legal persons, governed by the private
or public law of any of the Member States or by Union law.
Implementing procedures
1. The
Commission
shall
implement
the
Programme
in
accordance with the Financial Regulation.
2. The
Programme
may
also
benefit
third
countries,
stake
holders in third countries sharing a sea basin with Member
States of the Union, as well as international organisations or
2. To
implement
the
Programme
in
accordance
with
its
bodies which pursue one or more of the general and oper
objectives as set out in Articles 2 and 3, the Commission
ational objectives set out in Articles 2 and 3. The measures
shall adopt annual work programmes in accordance with the
must always involve participants from the Union.
procedure referred to in Article 14(2).
3. Eligibility
to
participate
in
a
procedure
shall
be
specified
in
Article 9
the relevant call for proposals or call for tenders.
Budgetary resources
1. The financial envelope for the implementation of the
Article 7
Programme shall be set at EUR 40 000 000 for the period
from 1 January 2011 to 31 December 2013.
Principles for implementation
1. Actions financed under the Programme shall not be
eligible to receive assistance from other financial instruments
2. The
budgetary
resources
allocated
to
the
Programme
shall
of the Union. Synergies and complementarity shall be sought
be entered in the annual appropriations of the general budget of
with other instruments of the Union. Actions under the
the Union. The annual appropriations shall be authorised by the
Programme shall be complementary to the implementation of
budgetary authority within the limits of the financial
relevant sectoral policies.
framework.
3. The
distribution
of
funds
among
the
general
objectives,
set
2. The
Commission
shall
ensure
that
the
applicants
for out in Article 2, is indicated in the Annex.
financial assistance under the Programme and beneficiaries of
such assistance provide it with comprehensive information on
the financing of the actions. Financial assistance from the
Article 10
Programme shall be provided only to the extent that other
Union financing is not available.
Technical assistance
1. Up
to
1
%
of
the
financial
envelope
established
pursuant
to Article 9 may also cover necessary expenditure relating to
3. The
actions
supported
by
the
Programme
shall
correspond any preparatory action, monitoring, control, audit or evaluation
to the Union targets and policies for 2020 and 2050. All
directly necessary in order to implement eligible actions under
Member States, maritime sectors, and coastal, insular and
this Regulation effectively and efficiently and to achieve its
outermost regions shall be able to benefit from the
objectives.
Programme and a genuine European added value shall be
created. In relation to the funding of actions in the various
sea basins, an adequate regional balance shall be sought.
2. The activities referred to in paragraph 1 may in particular
include studies, expert meetings, expenditure on informatics
tools, systems and networks and any other technical, scientific
4. The
actions
supported
by
the
Programme
shall
stimulate and administrative assistance and expertise as required by the
and reinforce dialogue, cooperation and coordination with and
Commission for the implementation of this Regulation.

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Article 11
(d) the application of effective, proportional and dissuasive
penalties, if irregularities are detected.
Monitoring
1. Each
beneficiary
of
financial
assistance
shall
submit
to
the
Commission technical and financial reports on the progress of
2. For
the
purposes
of
paragraph
1,
the
Commission
shall
act
work financed under the Programme. A final report shall also
in accordance with Regulation (EC, Euratom) No 2988/95,
be submitted within 3 months of the completion of each
Regulation (Euratom, EC) No 2185/96 and Regulation (EC)
project.
No 1073/1999.
2. Without prejudice to the audits carried out by the Court
3. The
Commission
shall
reduce,
suspend
or
recover
the
of Auditors in liaison with the competent national audit bodies
amount of financial assistance granted for an action if it finds
or departments pursuant to Article 287 of the Treaty on the
irregularities, including non-compliance with this Regulation or
Functioning of the European Union (‘TFEU’), or any inspection
the individual decision or contract or agreement granting the
carried out pursuant to Article 322(1)(b) TFEU, officials and
financial assistance, or if it transpires that, without Commission
other staff of the Commission shall carry out on-the-spot
approval having being sought, the action has been subjected to
checks, including sample checks on projects and other
a change which conflicts with its nature or implementing
measures financed under the Programme, in particular in
conditions.
order to check compliance with the objectives of the
Programme and eligibility of actions, as set out in Articles 2,
3 and 4 of this Regulation.
4.
If time limits have not been observed or if only part of the
allocated financial assistance is justified by the progress made
with implementing an action, the Commission shall request the
3. Contracts
and
agreements
resulting
from
the
implemen
beneficiary to submit observations within a specified period. If
tation of this Regulation shall provide, in particular, for super
the beneficiary does not give a satisfactory answer, the
vision and financial control by the Commission, or any repre
Commission may cancel the remaining financial assistance
sentative that the Commission may authorise, and for audits by
and demand repayment of sums already paid.
the Court of Auditors, if necessary on the spot.
5. Any
undue
payment
shall
be
repaid
to
the
Commission.
4. Each
beneficiary
of
financial
assistance
shall
keep
available Interest shall be added to any sum not repaid in good time
for the Commission all supporting documents regarding expen
under the conditions laid down by the Financial Regulation.
diture on a project for a period of 5 years following the last
payment in respect of that project.
6. For
the
purposes
of
this
Article,
‘irregularity’,
shall
mean
any infringement of a provision of Union law, or any breach of
5. On the basis of the results of the reports and sample
a contractual obligation resulting from an act or omission by an
checks referred to in paragraphs 1 and 2, the Commission
economic operator which has, or would have, the effect of
shall, if necessary, adjust the scale or the conditions of allo
prejudicing the general budget of the Union or budgets
cation of the financial assistance originally approved as well
managed by the Union by an unjustified item of expenditure.
as the timetable for payments.
Article 13
6. The
Commission
shall
verify
that
actions
financed
under
the Programme are carried out properly, are consistent with
Reporting, evaluation and extension
measures under other sectoral policies and instruments and
1. The
Commission
shall
regularly
and
promptly
inform
the
comply with this Regulation and the Financial Regulation.
European Parliament and the Council about its work.
Article 12
2. The
Commission
shall
submit
to
the
European
Parliament
Protection of Union financial interests
and to the Council:
1. The
Commission
shall
ensure
that,
when
actions
financed
under the Programme are implemented, the financial interests of
(a) a progress report no later than 31 December 2012; the
the Union are protected by:
progress report shall include an evaluation of the
Programme's impact on other Union policies;
(a) the application of preventive measures against fraud,
corruption and any other illegal activities;
(b) an ex-post evaluation report no later than 31 December
2014.
(b) effective checks;
3. If
appropriate,
the
Commission
shall
submit
a
legislative
proposal on the extension of the Programme beyond 2013 with
(c) the recovery of the amounts unduly paid; and
an appropriate financial envelope.

L 321/8
EN
Official Journal of the European Union
5.12.2011
Article 14
Committee procedure
1. The Commission shall be assisted by a committee. That committee shall be a committee within the
meaning of Regulation (EU) No 182/2011.
2. Where
reference
is
made
to
this
paragraph,
Article
5
of
Regulation
(EU)
No
182/2011
shall
apply.
Article 15
Entry into force
This Regulation shall enter into force on the day following its publication in the Official Journal of the
European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 30 November 2011.
For the European Parliament
For the Council
The President
The President
J. BUZEK
J. VINCENT-ROSTOWSKI

EN
5.12.2011 Official
Journal
of
the
European
Union L
321/9
ANNEX
GENERAL ALLOCATION OF FUNDS TO AREAS OF EXPENDITURE LISTED IN ARTICLE 2 ( 1 )
General Objectives (Article 2)
(a) Development and implementation of integrated governance of maritime and coastal
at least 4 %
affairs and visibility of the IMP
(b) Development of cross-sectoral tools at
least
60
%
(c) Protection of the marine environment and sustainable use of marine and coastal
at least 8 %
resources
(d) Development and implementation of sea-basin strategies at
least
8
%
(e) External cooperation and coordination of the international dimension of the IMP maximum
1
%
(f) Sustainable economic growth, employment, innovation and new technologies at
least
4
%
( 1 ) Not more than one third of the part not allocated in this Annex shall be used for the objective set out in Article 2(b) (cross-sectoral
tools).

L 321/10
EN
Official Journal of the European Union
5.12.2011
JOINT STATEMENT BY THE EUROPEAN PARLIAMENT AND THE COUNCIL
The European Parliament and the Council do not exclude the possibility of providing for delegated acts in
future Programmes beyond 2013 on the basis of relevant Commission proposals.
JOINT STATEMENT BY THE EUROPEAN PARLIAMENT, THE COUNCIL AND THE COMMISSION
Pursuant to Article X, the financial envelope for the implementation of the Programme to support the
further development of the IMP for 2011-13 is EUR 40 million. This envelope is to be composed of
EUR 23,14 million drawn from the 2011 budget without calling on the available margin of Heading 2
of the Multi Annual Financial Framework, an amount of EUR 16,66 million, including an allocation for
technical assistance, entered in the draft budget and accepted by the Council during its reading of the 2012
budget and a further amount of EUR 200 000 for technical assistance to be entered in the 2013 budget.
Towards this end, the 2011 budget would need to be amended to create the necessary nomenclature and
enter the appropriations in the reserve. The adopted budgets for 2012 and 2013 would need to include the
relevant amounts for those years.

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