Inhaltsverzeichnis Commission Regulation (EC) No 498/2007 of 26 March 2007 laying down detailed rules for the implementation of Council Regulation (EC) No 1198/2006 on the European Fisheries Fund (Commission Regulation (EC) No 498/2007 of 26 March 2007 laying down detailed rule... (32007R0498))

Commission Regulation (EC) No 498/2007 of 26 March 2007 laying down detailed rule... (32007R0498)

EU - Rechtsakte: 14 Regional policy and coordination of structural instruments

Commission Regulation (EC) No 498/2007 of 26 March 2007 laying down detailed rules for the implementation of Council Regulation (EC) No 1198/2006 on the European Fisheries Fund

COMMISSION REGULATION
(EC) No 498/2007
of 26 March 2007
laying down detailed rules for the implementation of Council Regulation (EC) No 1198/2006 on the European Fisheries Fund
CHAPTER I
GENERAL PROVISIONS
Article 1
Subject matter
Article 2
Specific arrangements for certain operational programmes
CHAPTER II
STRUCTURE AND TRANSMISSION OF THE OPERATIONAL PROGRAMMES
Article 3
Structure and transmission of the operational programmes
CHAPTER III
PRIORITY AXES
SECTION 1
Priority axis 1: Measures for the adaptation of the Community fishing fleet
Article 4
Public aid for permanent cessation of fishing activities
Article 5
Public aid for the temporary cessation of fishing activities
Article 6
Investments on board fishing vessels and selectivity
Article 7
Small-scale coastal fishing
Article 8
Socio-economic compensation for the management of the Community fishing fleet
SECTION 2
Priority axis 2: Aquaculture, inland fishing, processing and marketing of fishery and aquaculture products
Article 9
Scope of intervention in aquaculture production
Article 10
Measures for productive investments in aquaculture
Article 11
Aqua-environmental measures
Article 12
Animal health measures
Article 13
Inland fishing
Article 14
Investments in processing and marketing
SECTION 3
Priority axis 3: Measures of common interest
Article 15
Collective actions
Article 16
Measures intended to protect and develop aquatic fauna and flora
Article 17
Landing sites
Article 18
Development of new markets and promotional campaigns
Article 19
Pilot projects
Article 20
Modification for reassignment of fishing vessels
SECTION 4
Priority axis 4: Sustainable development of fisheries areas
Article 21
Objectives and measures
Article 22
Geographical application of Priority axis 4
Article 23
Procedures and criteria for selecting the groups
Article 24
Local development strategy
Article 25
Implementing local development Strategy
SECTION 5
Common provisions for several measures
Article 26
Common provisions for priority axes 1 to 4
CHAPTER IV
EVALUATION OF THE OPERATIONAL PROGRAMMES
Article 27
Interim evaluations
CHAPTER V
INFORMATION AND PUBLICITY
Article 28
Description of the information and publicity measures in the operational programme and in the annual and final reports on implementation
Article 29
Information measures for potential beneficiaries
Article 30
Information measures for beneficiaries
Article 31
Responsibilities of the managing authority relating to information and publicity measures for the public
Article 32
Responsibilities of beneficiaries relating to information and publicity measures for the public
Article 33
Technical characteristics of information and publicity measures for the operation
CHAPTER VI
FINANCIAL ENGINEERING INSTRUMENTS
Article 34
General provisions applicable to all financial engineering instruments
Article 35
Conditions applicable to all financial engineering instruments
Article 36
Specific conditions applicable to holding funds
Article 37
Specific conditions applicable to venture capital funds, guarantee funds and loan funds
CHAPTER VII
MANAGEMENT, MONITORING AND CONTROL
SECTION 1
General provisions
Article 38
Intermediate bodies
Article 39
Managing authority
Article 40
Data on operations to be communicated on request to the Commission
Article 41
Audit trail
Article 42
Audits of operations
Article 43
Sampling
Article 44
Documents presented by the audit authority
Article 45
Availability of documents
Article 46
Documents submitted by the certifying authority
Article 47
Description of management and control systems
Article 48
Information concerning the managing authority, the certifying authority and intermediate bodies
Article 49
Information concerning the audit authority and the bodies referred to in Article 61(3) of the basic Regulation
Article 50
Assessment of the management and control systems
SECTION 2
Derogations with regard to the control of operational programmes referred to in Article 2
Article 51
General derogations
Article 52
Establishment of bodies and procedures under national law
Article 53
Specific provisions for bodies and procedures established under national law
CHAPTER VIII
IRREGULARITIES
Article 54
Definitions
Article 55
Initial reporting — derogations
Article 56
Urgent cases
Article 57
Reporting of follow-up and non-recovery
Article 58
Electronic transmission
Article 59
Reimbursement of judicial costs
Article 60
Contacts with Member States
Article 61
Use of information
Article 62
The provision of information to Committees
Article 63
Irregularities under the reporting threshold
CHAPTER IX
ELECTRONIC EXCHANGE OF DATA
Article 64
Computer system for data exchange
Article 65
The content of computer system for data exchange
Article 66
Functioning of the computer system for data exchange
Article 67
Transmission of data through the computer system for data exchange
CHAPTER X
PERSONAL DATA
Article 68
Protection of personal data
CHAPTER XI
FINAL PROVISIONS
Article 69
Repeal
Article 70
Entry into force
ANNEX I
OPERATIONAL PROGRAMME
PART A
Content of an operational programme
1. TITLE OF THE OPERATIONAL PROGRAMME, MEMBER STATE
2. GEOGRAPHICAL ELIGIBILITY
3. ANALYSIS
4. STRATEGY AT OPERATIONAL PROGRAMME LEVEL
5. SUMMARY OF THE
EX ANTE
EVALUATION
6. PROGRAMME'S PRIORITY AXES
7. FINANCIAL PROVISIONS
8. IMPLEMENTING PROVISIONS
PART B
Financing plan for the operational programme
Table I: Financing plan of the operational programme giving the annual commitment of the EFF in the operational programme separately, where appropriate, for the regions eligible under the convergence objective and the non-convergence objective
Table II: Financing plan of the operational programme giving, separately for the whole programming period, and for each priority axis, and separately, where appropriate, for regions eligible under the convergence objective and the non-convergence objective, the amount of the total financial allocation of the EFF in the operational programme, the national public contribution and the rate of reimbursement by priority axis
ANNEX II
INSTRUCTIONS FOR CREATING THE EMBLEM AND A DEFINITION OF THE STANDARD COLOURS
Symbolic description
Heraldic description
Geometric description
Regulation colours
Monochrome reproduction process
Reproduction on a coloured background
ANNEX III
LIST OF DATA TO BE COMMUNICATED ON REQUEST TO THE COMMISSION UNDER ARTICLE 40
Member State
Information on individual operations
Wording of table columns
Columns 1 to 5: administrative details of operation
Columns 7 to 10: expenditure forecasts under the operation in accordance with the administrative decision granting public aid taken by managing authority
Columns 11 to 15: physical data concerning the operation (classification and physical implementation)
Columns 16 to 18: information concerning financial implementation of operation — statement of eligible expenditure and corresponding public aid
NOMENCLATURE OF PRIORITY AXES, MEASURES, ACTIONS AND IMPLEMENTATION DATA
Priority axis 1: Measures for the adaptation of the Community fishing fleet
Measure 1.1: Permanent cessation of fishing activities
Measure 1.2: Temporary cessation of fishing activities
Measure 1.3: Investments on board fishing vessels and selectivity
Measure 1.4: Small-scale coastal fishing
Measure 1.5: Socio-economic compensations for the management of the fleet
Priority axis 2: Aquaculture, inland fishing, processing and marketing of fishing and aquaculture products
Measure 2.1: Aquaculture
Measure 2.2. Inland fishing
Measure 2.3. Fish processing and marketing
Priority axis 3: Measures of common interest
Measure 3.1: Collective actions
Measure 3.2: Protection and development of aquatic fauna and flora
Measure 3.3: Fishing ports landing sites and shelters
Measure 3.4: Development of new markets and promotion campaigns
Measure 3.5: Pilot operations
Measure 3.6: Modification for reassignment of fishing vessels
Priority axis 4: Sustainable development of fisheries areas
Measure 4.1: Development of fisheries areas
Priority axis 5: Technical assistance
Measure 5.1: Technical assistance
ANNEX IV
TECHNICAL PARAMETERS FOR RANDOM STATISTICAL SAMPLING UNDER ARTICLE 43 (SAMPLING)
ANNEX V
MODEL AUDIT STRATEGY AS PROVIDED FOR IN ARTICLE 61(1)(C) OF REGULATION (EC) No 1198/2006
1. INTRODUCTION
2. LEGAL BASIS AND SCOPE
3. METHODOLOGY
4. AUDIT APPROACH AND PRIORITIES
5. RISK ASSESSMENT
6. RELIANCE ON THE WORK OF OTHERS
7. RESOURCES
8. REPORTING
ANNEX VI
MODEL ANNUAL CONTROL REPORT AND OPINION
PART A
Model annual control report under Article 61(1)(e)(i) of Regulation (EC) No 1198/2006 and Article 44(2) of the present Regulation
1. INTRODUCTION
2. CHANGES IN MANAGEMENT AND CONTROL SYSTEMS
3. CHANGES TO AUDIT STRATEGY
4. SYSTEMS AUDITS
5. AUDITS OF SAMPLE OF OPERATIONS
6. COORDINATION BETWEEN AUDIT BODIES AND SUPERVISION WORK OF THE AUDIT AUTHORITY
7. FOLLOW-UP OF PREVIOUS YEARS’ AUDIT ACTIVITY
8. OTHER INFORMATION (IF APPLICABLE)
9. TABLE FOR DECLARED EXPENDITURE AND SAMPLE AUDITS
PART B
Model annual opinion under Article 61(1)(e)(ii) of Regulation (EC) No 1198/2006 and Article 44(2) of the present Regulation
1. INTRODUCTION
2. SCOPE OF THE EXAMINATION
3. OPINION
ANNEX VII
MODEL FINAL CONTROL REPORT AND CLOSURE DECLARATION FOR THE OPERATIONAL PROGRAMME UNDER ARTICLE 61(1)(f) OF REGULATION (EC) No 1198/2006 AND ARTICLE 44(3) OF THE PRESENT REGULATION
PART A
Model final control report
1. INTRODUCTION
2. CHANGES IN MANAGEMENT AND CONTROL SYSTEMS AND AUDIT STRATEGY(1)
3. SUMMARY OF AUDITS CARRIED OUT UNDER ARTICLE 61(1)(a) AND (b) OF REGULATION (EC) No 1198/2006 AND ARTICLE 43 OF THE PRESENT REGULATION
For systems audits:
For audits of operations:
4. FOLLOW-UP OF AUDIT ACTIVITY
5. ADDITIONAL WORK UNDERTAKEN BY AUDIT AUTHORITY IN PREPARING ITS CLOSURE DECLARATION
6. LIMITATIONS ON THE SCOPE OF THE EXAMINATION BY THE AUDIT AUTHORITY
7. REPORTED IRREGULARITIES
8. OTHER INFORMATION (IF APPLICABLE)
9. TABLE FOR DECLARED EXPENDITURE AND SAMPLE AUDITS
PART B
Closure declaration
1. INTRODUCTION
2. SCOPE OF THE EXAMINATION
3. IRREGULARITIES AND ERROR RATES
4. OPINION
ANNEX VIII
MODEL DECLARATION FOR THE PARTIAL CLOSURE OF THE OPERATIONAL PROGRAMME UNDER ARTICLE 44(5)
ANNEX IX
CERTIFICATE AND STATEMENT OF EXPENDITURE AND APPLICATION FOR PAYMENT
PART A
Certificate and statement of expenditure and application for interim payment
PART B
Certificate and statement of expenditure and application for final payment
ANNEX X
ANNUAL STATEMENT ON WITHDRAWN AND RECOVERED AMOUNTS AND PENDING RECOVERIES UNDER ARTICLE 46(2)
ANNEX XI
MODEL STATEMENT OF EXPENDITURE FOR A PARTIAL CLOSURE UNDER ARTICLE 46(3)
Statement of expenditure by priority axis for a partial closure
Total certified eligible expenditure of operations completed between …/…/ and 31/12 [year] in the regions eligible under the convergence objective:
Total certified eligible expenditure of operations completed between …/…/ and 31/12 [year] in the regions eligible under the non-convergence objective:
ANNEX XII
DESCRIPTION OF MANAGEMENT AND CONTROL SYSTEMS UNDER ARTICLE 71 OF REGULATION (EC) No 1198/2006 AND ARTICLE 47 OF THE PRESENT REGULATION
PART A
Model description of management and control systems
1. GENERAL
1.1. Information submitted by:
1.2. The information provided describes the situation on: (dd/mm/yyyy)
1.3. System structure (general information and flowchart showing the organisational relationship between the bodies involved in the management and control system)
1.4. Guidance provided to the managing and certifying authorities and intermediate bodies to ensure sound financial management of EFF. (date and reference)
2. MANAGING AUTHORITY
2.1. Managing authority and its main functions
2.2. Organisation of the managing authority
2.3. In cases where the managing authority and the certifying authority are both designated in the same body describe how separation of functions is ensured
2.4. Public procurement, State aid, equal opportunities and environment rules
2.5. Audit trail
2.6. Irregularities and recoveries
3. INTERMEDIATE BODIES
3.1. The intermediate body and its main functions
3.2. Organisation of each intermediate body
4. CERTIFYING AUTHORITY
4.1. Certifying authority and its main functions
4.2. Organisation of the certifying authority
4.3. Certification of statements of expenditure
4.4. Accounting system
4.5. Recoveries
5. AUDIT AUTHORITY AND AUDIT BODIES
5.1.
Description of the main tasks and interrelationships of the audit authority and bodies carrying out audits under the responsibility of the audit authority
5.2. Organisation of the audit authority and bodies under its responsibility
5.3. Annual control report, annual opinion and closure declaration
6. INFORMATION SYSTEM (ARTICLE 59(c) OF REGULATION (EC) No 1198/2006)
6.1. Description of the information system including flowchart (central or common network system or decentralised system with links between the systems)
6.2. Indication as to whether the system is already operational to gather reliable financial and statistical information on implementation of the 2007-2013 programmes
PART B
Model opinion issued under Article 71(2) of Regulation (EC) No 1198/2006 and under Article 50 of the present Regulation on the compliance of management and control system
Introduction
Scope of the examination
Opinion(1)
ANNEXE XIII
FORECASTS OF LIKELY APPLICATIONS FOR PAYMENT
ANNEX XIV
ANNUAL AND FINAL REPORTING
1. IDENTIFICATION
2. EXECUTIVE SUMMARY
3. OVERVIEW OF THE IMPLEMENTATION OF THE OPERATIONAL PROGRAMME BY PRORITY AXIS
3.1. Information on the physical progress of the priority axes
3.2. Specific information for priority axes and measures
3.3. Financial information (All financial data shall be expressed in Euro)
3.4. Qualitative analysis
3.5. Monitoring arrangements
3.6. Significant problems encountered and measures taken to overcome them. (to be completed only if there was significant modification since the previous report)
3.7. Recommendations from the Commission following annual examination of the Operational programme (to be completed only if there was significant modification since the previous report)
3.8. Assistance repaid or re-used (to be completed only if there was significant modification since the previous report)
3.9. Substantial modification within the meaning of Article 56 of Regulation (EC) No 1198/2006 (to be completed only if there was significant modification since the previous report)
3.10. Changes in the context and general conditions to the implementation of the Operational programme (to be completed only if there was significant modification since the previous report)
4. THE USE MADE OF TECHNICAL ASSISTANCE (TO BE COMPLETED ONLY IF THERE WAS SIGNIFICANT MODIFICATION SINCE THE PREVIOUS REPORT)
5. INFORMATION AND PUBLICITY (TO BE COMPLETED
ONLY IF
THERE WAS SIGNIFICANT MODIFICATION SINCE THE PREVIOUS REPORT)
6. INFORMATION ABOUT COMPLIANCE WITH COMMUNITY LAW
7. COMPLEMENTARITY WITH OTHER INSTRUMENTS

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