Introductory text

THE EUROPEAN COMMISSION,

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^f1, and in particular Article 21 thereof,

Whereas:

Based upon the requests for Union co-finance that have been submitted by Member States in their fisheries control programmes for 2011, the Commission has adopted Implementing Decision 2011/431/EU of 11 July 2011 on a Union financial contribution towards Member States’ fisheries control, inspection and surveillance programmes for 2011^f2, which has left some of the 2011 budget available unused.

That unused part of the 2011 budget should now be allocated by a new Decision.

In conformity with Article 21(2) of Regulation (EC) No 861/2006, Member States have been asked to submit programmes related to additional funding in the priority areas defined by the Commission in its letter to Member States of 20 May 2011, i.e. automation and management of data, electronic recording an reporting systems (ERS systems), electronic recording and reporting devices (ERS devices) and vessel monitoring systems (VMS) as well as traceability and control of engine power.

On that basis and given budgetary constraints, requests in the programmes for Union funding related to actions such as training and exchange programmes as well as pilot inspection and observer schemes, analysis and assessment of expenditure, initiatives raising awareness of common fisheries policy (CFP) rules and the construction of patrol vessels and aircrafts, have been rejected since they were not dedicated to the priority areas defined above.

Within the priority areas indicated by the Commission, not all the eligible expenditure in the programmes could be retained, due to budgetary restraints. The Commission selected the projects to be co-financed on the basis of the most urgent needs defined by the Commission.

Applications concerning actions listed in Article 8(1)(a) of Regulation (EC) No 861/2006 may qualify for Union funding.

The applications for Union funding have been assessed with regard to their compliance 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 Policy^f3.

It is appropriate to fix the maximum amounts and the rate of the Union 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.

In order to encourage investment in the priority actions defined by the Commission and in view of the negative impact of the financial crisis on Member States’ budgets, expenditure related to the abovementioned priority areas should benefit from a high co-financing rate, within the limits laid down in Article 15 of Regulation (EC) No 861/2006.

In order to qualify for the contribution, automatic localisation devices should satisfy the requirements fixed by Commission Implementing Regulation (EU) No 404/2011 of 8 April 2011 laying down detailed rules for the implementation of Council Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the Common Fisheries Policy^f4.

In order to qualify for the contribution, electronic recording and reporting devices on board fishing vessels should satisfy the requirements fixed by Implementing Regulation (EU) No 404/2011.

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

HAS ADOPTED THIS DECISION: