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Regulation

Commission Regulation (EU) No 1257/2009 of 15 December 2009 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

CELEX
Regulation (EU) No 1257/2009
Date of document
Articles
2
Source
EUR-Lex
Article 1

Regulation (EC) No 391/2007 is amended as follows:

1.

Article 7 is amended as follows:

(a)

In paragraph (1), the following subparagraph is added:

‘In case of projects co-financed under several successive Commission decisions, the first subparagraph shall apply only with regard to the first Commission decision approving the projects concerned.’

(b)

The following paragraph (2) is added:

‘2.   Expenditure for which reimbursement has not been claimed within the time specified in Article 11 paragraph 1 shall be considered as ineligible.’

(c)

Subsequent paragraphs are renumbered accordingly.

2.

Article 11 is amended as follows:

(a)

paragraph 1 is replaced by the following:

‘1.   Member States shall submit to the Commission their claims for reimbursement within 12 months of the end of the year in which the expenditure was incurred. Those claims shall clearly indicate the project and the Commission decision to which they relate.’

(b)

paragraph 4 is deleted;

(c)

paragraph 6 is replaced by the following:

‘6.   If the Commission considers that the claim does not comply with the conditions laid down in Regulation (EC) No 861/2006, in this Regulation, in the decision provided for in Article 21 of Regulation (EC) No 861/2006, or with EU legislation on the award of public contracts, it shall request the Member State to submit its observations on the matter within one month from the Commission's request. If the examination confirms non compliance, the Commission shall refuse to reimburse all or part of the expenditure at issue and, where appropriate, request reimbursement of undue payments.’

3.

In Article 12, paragraph 2 is replaced by the following:

‘2.   Reimbursement shall be made in euro on the basis of the exchange rate published in the C series of the Official Journal of the European Union of the month on which the invoice is registered in the accounting system of the authorising department of the Commission.’

4.

Article 14 is amended as follows:

(a)

in paragraph 2 (a), point (iv) is replaced by the following:

‘(iv)

a list of the projects which are given up, if any;’

(b)

in paragraph 2 (b), point (iv) is replaced by the following:

‘(iv)

a list of the projects which were not implemented, if any, with the indication of the EU contribution to those projects’,

5.

In Annex VI (d) point (vii), is replaced by the following:

‘(vii)

Information on public procurement: in all cases where expenditure exceeds the publication threshold ceiling, the photocopy of the tender notices published in the Official Journal of the European Union , the minutes of the tenders opening, the evaluation of tenders, the award notice as well as the contract shall be enclosed. Expenditure incurred on vessels and aircraft to be used fully or partly for fisheries control purposes cannot benefit from any exemption from EU procurement rules with reference to Article 346 Treaty on the Functioning of the European Union;’

Article 2

This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Union .

2 articles

Cite this act

Commission Regulation (EU) No 1257/2009 of 15 December 2009 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 (EUR-Lex). Retrieved via LawPlayer, https://lawplayer.com/eu/act/32009R1257

© European Union, https://eur-lex.europa.eu, 1998-2026. Reuse authorised under Commission Decision 2011/833/EU, provided the source is acknowledged.

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