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25.10.2012 Official
Journal
of
the
European
Union
L
295/9
COMMISSION IMPLEMENTING REGULATION (EU) No 984/2012
of 24 October 2012
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,
to be followed in order to benefit from Union financial
assistance when incurring expenditure in the area of
fisheries control and enforcement.
Having regard to the Treaty on the Functioning of the European

Union,
(7) Rules
applicable
to
the
Union
financial
contribution
to
national control programmes should be simplified and
Having regard to Council Regulation (EC) No 861/2006 of
clarified.
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 8(2)
(8)
Investments in the area of control and enforcement may
thereof
be carried out by the competent national authorities, by
administrative bodies or by the private sector. The
statement of expenditure should be adapted in this
Whereas:
respect.
(1) The
Union
has
been
financing
Member
States
actions
in (9) Regulation
(EC)
No
391/2007
should
therefore
be
the field of fisheries control and enforcement since 1990,
amended accordingly.
in line with the objectives established in Council Regu
lation (EC) No 2371/2002 of 20 December 2002 on the
conservation and sustainable exploitation of fisheries
(10) The
measures
provided
for
in
this
Regulation
are
in
resources under the Common Fisheries Policy (
accordance with the opinion of the Committee for

2 ).
Fisheries and Aquaculture,
(2) Regulation
(EC)
No
861/2006
provides,
amongst
other
actions, for Union financial measures for expenditure on
HAS ADOPTED THIS REGULATION:
fisheries control, inspection and surveillance for the
period 2007 to 2013. Commission Regulation (EC) No
Article 1
391/2007 ( 3 ) establishes detailed rules for the implemen
tation of such measures.
Regulation (EC) No 391/2007 is amended as follows:
(1) In Article 3, paragraph 1 is replaced by the following:
(3) Regulation
(EU)
No
693/2011
of
the
European
Parliament and of the Council ( 4 ) modified the date by
which Member States have to notify their annual fisheries
‘1. Member States wishing to receive a financial
control programme to the Commission.
contribution for expenditure incurred in accordance with
Article 8(a) of Regulation (EC) No 861/2006 shall notify
to the Commission an annual fisheries control programme
(4) For
simplification
purposes
and
being
given
the
low
cost
by 15 November of the year preceding the year of imple
of some investments, it is appropriate to accept projects
mentation concerned.’
below EUR 40 000 without requesting justification by
Member States.
(2) In Article 5, point (c) is deleted.
(5) Rules
related
to
documents
supporting
pre-financing
requests should be aligned with the related provisions
set out in Commission Regulation (EC, Euratom) No
(3) In Article 10, the title is replaced by “Pre-financing”
2342/2002 of 23 December 2002 laying down
detailed rules for the implementation of Council Regu
(4) In Article 10, paragraph 1, the word “advance” is replaced
lation (EC, Euratom) No 1605/2002 on the Financial
by “pre-financing”.
Regulation applicable to the general budget of the
European Communities ( 5 )
(5) In Article 10, paragraph 2 is replaced by the following:
(6)
In view of the principle of sound financial management,
Member States should have clear indications on the rules
‘2. The
pre-financing
shall
be
paid
either
on
the
basis
of
a contract concluded between the relevant administration
( 1 ) OJ L 160, 14.6.2006, p. 1.
and the supplier or on the basis of any supporting
( 2 ) OJ L 358, 31.12.2002, p. 59.
documents which make it possible to check the conformity
( 3 ) OJ L 97, 12.4.2007, p. 30.
( 4 ) OJ L 192, 22.7.2011, p. 33.
of the actions financed with the terms of the projects
( 5 ) OJ L 248, 16.9.2002, p. 1.
referred to in paragraph 1.’

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L 295/10
EN
Official Journal of the European Union
25.10.2012
(6) In Annex IV (a), point (iv) is replaced by the following:
‘(i) Grants.’
‘(iv) Travel costs incurred by inspectors, public prosecutors,
(8) Annex VI point (x) is replaced by the following:
judges and fishermen attending the courses as well as
by training staff.’
‘(x) In case of training and seminars, information on the
subject, the speaker, a list of participants and the date
and place of the training shall be included.’
(7) Annex V is amended as follows:
(9) Annex VII is replaced by the text set out in the Annex to
(a) point (h) is replaced by the following:
this Regulation.
‘(h) Salary costs of personnel of national adminis
Article 2
trations and indemnities’;
This Regulation shall enter into force on the third day following
that of its publication in the Official Journal of the European
(b) the following point (i) is added:
Union.
This Regulation shall be binding in its entirety and directly applicable in the Member States in
accordance with the Treaties.
Done at Brussels, 24 October 2012.
For the Commission
The President
José Manuel BARROSO

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EN
25.10.2012 Official
Journal
of
the
European
Union L
295/11
ANNEX
‘ANNEX VII
Statement of expenditure
EXPENDITURE ( 1 ) INCURRED IN CARRYING OUT THE NATIONAL PROGRAMME FOR IMPLEMENTING THE
CONTROL, INSPECTION AND SURVEILLANCE SYSTEMS ON FISHERIES ACTIVITIES
Referred to in Article 11 of Commission Regulation (EC) No 391/2007
Commission Decision of / No. __________________________________________________________________________
National reference (if any) ______________________________________________________________________________
I, the undersigned _____________________________________________________________ representing the authority
______________________________________________________ responsible for the relevant financial and control
procedures, hereby certify, after verification, that all the amounts shown below represent the total cost, paid in
20 ___ , in accordance with relevant national legislation, with regards to projects approved and referring to actions
set out in Article 8(a) of Council Regulation (EC) No 861/2006:
(a) Computer technology and IT networks _________
EUR
(*)
(b) Remote control technology devices and electronic recording and reporting devices _________
EUR
(c) Pilot projects on new technologies _________
EUR
(d) Training and exchange programmes of control civil servants _________
EUR
(e) Pilot inspection and observer schemes _________
EUR
(f) Assessment of public expenditure in the control area _________
EUR
(g) Seminars and media _________
EUR
(h) Acquisition and modernisation of vessels and aircraft _________
EUR
TOTAL _________
EUR
I also certify that the statement of expenditure is accurate and the application for payment takes account of any recoveries
made.
The operations were carried out in compliance with the objectives laid down in Regulation No 861/2006 and in
Regulation (EC) No 391/2007, and with the provisions of Regulation (EC) No 2371/2002, and in particular as regards:
— Compliance with the conditions laid down in Regulation (EC) No 391/2007. In the case of procurement contracts, I
certify that contracts were awarded to the tender offering the best value for money, while taking care to avoid any
conflict of interests, in respect of the principles of transparency and equal treatment, and, where applicable, in
compliance with the Community legislation concerning the coordination of procedures for the award of public
works supplies and service contracts.
— Application of management and control procedures aimed at verifying the delivery of the products and services co-
financed and the reality of expenditure aimed at preventing, detecting and correcting irregularities, pursuing fraud, and
recovering unduly paid amounts.
Finally, I certify that I have / have not (**) received an advance payment for action(s) ________ referred to above.
The statement of expenditure is accurate.
Date,
Name capitals, stamp and position and
signature of competent authority
( 1 ) Investments referred to in Article 8 (a) (i) of Regulation 861/2006 may be carried out by the competent national authorities, by
administrative bodies or by the private sector.
(*) Exact amount to two decimal places.
(**) Delete as appropriate.’

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