Avis juridique important

Commission Regulation (EEC) No 1697/87 of 10 June 1987 laying down certain detailed rules for the implementation of Council Regulation (EEC) No 3528/86 on the protection of the Community' s forests against atmospheric pollution (payment of aid) Official Journal L 161 , 22/06/1987 P. 0023 - 0028

COMMISSION REGULATION (EEC) No 1697/87 of 10 June 1987 laying down certain detailed rules for the implementation of Council Regulation (EEC) No 3528/86 on the protection of the Community's forests against atmospheric pollution (payment of aid) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Regulation (EEC) No 3528/86 of 17 November 1986 on the protection of the Community's forests against atmospheric pollution (1), and in particular Articles 2 (3) and 4 (4) thereof, Whereas it is necessary to draw up rules for the reimbursement of expenditure incurred by Member States on the work specified in Article 2 (1) of Regulation (EEC) No 3528/86 and on experiments and pilot and demonstration projects as specified in Article 4 (1) thereof; Whereas the supporting documents for these operations are to be transmitted by authorities or agencies designated by the Member States; whereas in order to ensure that the operations are effectively monitored, the work of these authorities and agencies, the types of supporting document to be drawn up in accordance with national laws and regulations or measures adopted by the abovementioned authorities or agencies, and the control mechanisms to be set up in each Member State should be specified; Whereas the Commission must be informed that operations are being carried out as specified and within the time limits laid down in the decision granting aid; Whereas the documents to be transmitted by the intermediary authorities or agencies to the Commission in order to enable it to ascertain that all requirements for the payment of the aid or part thereof are met must be specified; whereas the documents must give full details and must be submitted using the same layout so that applications for payment can be dealt with rapidly and in a uniform manner; Whereas if the documents duly provided by the authorities or agencies do not appear to be adequate or appear not to contain sufficient information for verification of compliance with a financial or other requirement imposed, the Commission may request the authorities or agencies to submit additional supporting material or documents; Whereas in order to ensure that any on-the-spot inspections carried out are fully effective, provision should be made for cooperation between the Commission and the Member State concerned; Whereas the procedure for suspending, reducing or terminating Community aid should not be initiated without prior consultation of the Member State concerned so that it may define its position and without notification of the responsible agency so that it may submit its observations; Whereas since the Community aid is to be paid to the agency responsible for implementation of the programme through the authorities or agencies designated for this purpose by the Member State, the documents that these authorities or agencies are to transmit to the Commission should be specified; Whereas the measures provided for in this Regulation are in accordance with the opinion of the Committee on Forest Protection, HAS ADOPTED THIS REGULATION: Article 1 1. The authorities or agencies designated by the Member States shall, under Article 13 of Regulation (EEC) No 3528/86, send to the Commission, within two months following the entry into force of this Regulation, a descriptive list of the supporting documents that they intend to request. Any change in this list shall be notified to the Commission within two months of its being adopted. By supporting document is meant any document drawn up as provided for either in the laws or regulations of the Member State concerned or in the measures adopted by the abovementioned authorities or agencies that constitute evidence that the financial or other conditions attached to a project have been met. The descriptive list shall give: - the title of each document and the provisions or measures under which it is drawn up, and - a brief description of its content. 2. The authorities or agencies shall also send the Commission within the period specified in paragraph 1 a detailed description of the checks to be made before establishment of the certificate specified in the Annex. 3. The Commission may request the Member States to supplement the descriptive list with other supporting documents that it considers necessary for verification of the eligibility of the expenditure shown in payment applications. It may to the same end also request the Member States to strengthen their control procedures. Article 2 Twelve months after the date of notification of a decision granting aid the authorities or agencies shall transmit to the Commission a document describing the state of progress of the work. If, despite the indications given in the application and incorporated in the decision, the work has not commenced at the end of this twelve-month period, the authorities or agencies shall specify the reasons why and shall where appropriate transmit to the Commission satisfactory guarantees from the agencies responsible for the work that it will commence in the near future. Should it not be possible to give such guarantees or if the Commission decides that those given are not satisfactory the aid shall be suspended, reduced or withdrawn. Article 3 The authorities or agencies may transmit payment applications following completion of each annual instalment of work. These applications, to be submitted in duplicate, shall comprise the certificate and the other information specified in the Annex. Article 4 In order to enable an effective check to be made on execution of the work, the authorities or agencies shall transmit to the Commission, at the latter's request and within a time limit specified by it, in respect of any operation all supporting documents as referred to in Article 1 or certified copies thereof and all other documents constituting evidence that the financial or other conditions pertaining to the operation have been complied with. Article 5 If the Commission considers it necessary to make an on-the-spot inspection it shall notify the Member State concerned in advance and request its participation. Member States shall take whatever action is required to make these inspections effective. Article 6 Before initiating any procedure for suspending, reducing or terminating Community aid the Commission shall: - so inform the Member State wherein the operation was to be carried out so that it may define its position, - consult the authority or agency designated to receive the corresponding repayments, and - call on the authority or agency responsible for execution of the operation to explain through the authorities or agencies specified in Article 1 why the conditions imposed have not been complied with. Article 7 When the Commission is satisfied that the financial and other conditions attached to the operation have been complied with, it shall pay the financial aid granted by the Community to the authority or agency appointed for this purpose under Article 13 of Regulation (EEC) No 3528/86. The authority or agency shall immediately reimburse the agency responsible for execution of the operation and shall provide the Commission with proof of reimbursement within 15 days of payment. Article 8 This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 10 June 1987 For the Commission Frans ANDRIESSEN Vice-President FWG:L888UMBE12.96 FF: 8UEN; SETUP: 01; Hoehe: 921 mm; 161 Zeilen; 7764 Zeichen; Bediener: FJJ0 Pr.: C; Kunde: L 888 Umbr. 12 (1) OJ No L 326, 21. 11. 1986, p. 2. ANNEX CERTIFICATE FOR PAYMENT OF THE AMOUNT FOR ONE OR MORE ANNUAL INSTALMENTS OF WORK Operation No . Responsible agency (name and address): . . The ........................ (¹), responsible under Article 13 of Regulation (EEC) No 3528/86 on protection of the Community's forests against atmospheric pollution for action taken under the terms of that Regulation, hereby certifies that: 1. The supporting documents indicated in the descriptive list sent to the Commission under Article 1 of Regulation (EEC) No 1697/87 have been checked; 2. The operation commenced on ........................ at the scheduled site; 3. The (first/two first/three first/four instalments) (all) of the operation was/where completed on ........................; the actual costs incurred amount to ...................................., of which ........................ has been paid by the responsible agency; 4. The abovementioned costs were financed as specified in Annex Ia hereto; 5. The abovementioned costs fall to the various types of operation as specified in the list of accounting documents given in Annex Ib; a comparative table of work planned and executed is given in Annex Ic (²); 6. It was been verified in the field by .................................... that the work carried out is as specified in the dossier attached to the application for aid and described in the Commission decision (apart from the following work: ........................); see Annex II for details; 7. The amount of recoverable value added tax included in the declared expenditure is ....................................; 8. The supporting documents are held by ................................................ Done at ................, .................. For the authority responsible . (signature) (¹) The name of authority or agency. (²) If the aid is split up between different parts of the operation separate lists of accounting document and comparative tables must be made out for each part. Annexe Ia to the payment certificate FINANCING PLAN Subsidy Capital Total Member State contribution . . . Region contribution . . . Other public funds . . . Private contribution - owners - on own account - . . - borrowings (¹) - . . - other . . . Aid already paid by Community . - . Total finance (²) . (¹) Show for each borrowing the source, amount, interest rate, period and terms of repayment. Indicate also, where appropriate, the rate and duration of any interest rate subsidies and the name of the establishment granting them. (²) This must be the same amount as shown at 3 on the certificate. FWG:L888UMBE13.96 FF: 8UEN; SETUP: 01; Hoehe: 537 mm; 87 Zeilen; 2685 Zeichen; Bediener: FJJ0 Pr.: C; Kunde: Annexe Ib to certificate for payment of balances List of accounting documents (from ............ to ............) Work Cost as per estimate Accounting documents (¹) Payments made No from ...... to ...... Dates (²) from ...... to ...... Issued by Amount VAT Method Dates (³) from ...... to ...... Amount VI. Establishment of network of obser- vatory points III. Annual damage inventory (collection and transmission of data) III. Experiments in the field to improve understanding of atmospheric pollu- tion forest IV. Experiments in the field to devise methods of maintaining and restoring damaged forests IV. Pilot projects to improve methods of observing and measuring forest damage VI. Demonstration projects to improve methods of observing and measuring forest damage Total (¹) Enter all documents including those relating to ineligible expenditure included in the project. (²) Give reasons for any expenditure incurred before submission of said application. (³) Actual payment dates and not due dates. FWG:L888UMBE14.96 FF: 9999; SETUP: 01; Hoehe: 100 mm; 46 Zeilen; 1007 Zeichen; Bediener: FJJ0 BS: .F; MC: P; Pr.: C; Kunde: 22. 6. 87 Official Journal of the European Communities Annex Ic to certificate for payment of balances COMPARATIVE TABLE Type of operation Work planned Work completed Quantity Quantity (¹) (²) Cost (¹) (²) Cost Reason for change III. Establishment of network of observation points III. Annual damage inventory (collection and transmission of data) III. Experiments in the field to improve understanding of atmospheric pollution in forests and its effects thereon IV. Experiments in the field to devise methods of maintaining and restoring damaged forests IV. Pilot projects to improve methods of observing and measuring forest damage VI. Demonstration projects to improve methods of observing and measuring forest damage. (¹) State - for I the number of observation points established; - for II the number of points observed; - for III and IV the number of field experiments; - for V the number of pilot projects; - for VI the number of demonstration projects. (²) State - for I the total number of trees sampled; - for II the total number of trees observed; leave blank for III, IV, V and VI. FWG:L888UMBE15.96 FF: 8UEN; SETUP: 01; Hoehe: 255 mm; 44 Zeilen; 1105 Zeichen; Bediener: FJJ0 Pr.: C; Kunde: England

COMMISSION REGULATION (EEC) No 1697/87 of 10 June 1987 laying down certain detailed rules for the implementation of Council Regulation (EEC) No 3528/86 on the protection of the Community's forests against atmospheric pollution (payment of aid)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community,

Having regard to Council Regulation (EEC) No 3528/86 of 17 November 1986 on the protection of the Community's forests against atmospheric pollution (1), and in particular Articles 2 (3) and 4 (4) thereof,

Whereas it is necessary to draw up rules for the reimbursement of expenditure incurred by Member States on the work specified in Article 2 (1) of Regulation (EEC) No 3528/86 and on experiments and pilot and demonstration projects as specified in Article 4 (1) thereof;

Whereas the supporting documents for these operations are to be transmitted by authorities or agencies designated by the Member States; whereas in order to ensure that the operations are effectively monitored, the work of these authorities and agencies, the types of supporting document to be drawn up in accordance with national laws and regulations or measures adopted by the abovementioned authorities or agencies, and the control mechanisms to be set up in each Member State should be specified;

Whereas the Commission must be informed that operations are being carried out as specified and within the time limits laid down in the decision granting aid;

Whereas the documents to be transmitted by the intermediary authorities or agencies to the Commission in order to enable it to ascertain that all requirements for the payment of the aid or part thereof are met must be specified; whereas the documents must give full details and must be submitted using the same layout so that applications for payment can be dealt with rapidly and in a uniform manner;

Whereas if the documents duly provided by the authorities or agencies do not appear to be adequate or appear not to contain sufficient information for verification of compliance with a financial or other requirement imposed, the Commission may request the authorities or agencies to submit additional supporting material or documents;

Whereas in order to ensure that any on-the-spot inspections carried out are fully effective, provision should be made for cooperation between the Commission and the Member State concerned;

Whereas the procedure for suspending, reducing or terminating Community aid should not be initiated without prior consultation of the Member State concerned so that it may define its position and without notification of the responsible agency so that it may submit its observations;

Whereas since the Community aid is to be paid to the agency responsible for implementation of the programme through the authorities or agencies designated for this purpose by the Member State, the documents that these authorities or agencies are to transmit to the Commission should be specified;

Whereas the measures provided for in this Regulation are in accordance with the opinion of the Committee on Forest Protection,

HAS ADOPTED THIS REGULATION:

Article 1

1. The authorities or agencies designated by the Member States shall, under Article 13 of Regulation (EEC) No 3528/86, send to the Commission, within two months following the entry into force of this Regulation, a descriptive list of the supporting documents that they intend to request. Any change in this list shall be notified to the Commission within two months of its being adopted.

By supporting document is meant any document drawn up as provided for either in the laws or regulations of the Member State concerned or in the measures adopted by the abovementioned authorities or agencies that constitute evidence that the financial or other conditions attached to a project have been met.

The descriptive list shall give:

- the title of each document and the provisions or measures under which it is drawn up, and

- a brief description of its content.

2. The authorities or agencies shall also send the Commission within the period specified in paragraph 1 a detailed description of the checks to be made before establishment of the certificate specified in the Annex.

3. The Commission may request the Member States to supplement the descriptive list with other supporting documents that it considers necessary for verification of the eligibility of the expenditure shown in payment applications. It may to the same end also request the Member States to strengthen their control procedures.

Article 2

Twelve months after the date of notification of a decision granting aid the authorities or agencies shall transmit to the Commission a document describing the state of progress of the work.

If, despite the indications given in the application and incorporated in the decision, the work has not commenced at the end of this twelve-month period, the authorities or agencies shall specify the reasons why and shall where appropriate transmit to the Commission satisfactory guarantees from the agencies responsible for the work that it will commence in the near future. Should it not be possible to give such guarantees or if the Commission decides that those given are not satisfactory the aid shall be suspended, reduced or withdrawn.

Article 3

The authorities or agencies may transmit payment applications following completion of each annual instalment of work.

These applications, to be submitted in duplicate, shall comprise the certificate and the other information specified in the Annex.

Article 4

In order to enable an effective check to be made on execution of the work, the authorities or agencies shall transmit to the Commission, at the latter's request and within a time limit specified by it, in respect of any operation all supporting documents as referred to in Article 1 or certified copies thereof and all other documents constituting evidence that the financial or other conditions pertaining to the operation have been complied with.

Article 5

If the Commission considers it necessary to make an on-the-spot inspection it shall notify the Member State concerned in advance and request its participation. Member States shall take whatever action is required to make these inspections effective.

Article 6

Before initiating any procedure for suspending, reducing or terminating Community aid the Commission shall:

- so inform the Member State wherein the operation was to be carried out so that it may define its position,

- consult the authority or agency designated to receive the corresponding repayments, and

- call on the authority or agency responsible for execution of the operation to explain through the authorities or agencies specified in Article 1 why the conditions imposed have not been complied with.

Article 7

When the Commission is satisfied that the financial and other conditions attached to the operation have been complied with, it shall pay the financial aid granted by the Community to the authority or agency appointed for this purpose under Article 13

of Regulation (EEC) No 3528/86.

The authority or agency shall immediately reimburse the agency responsible for execution of the operation and shall provide the Commission with proof of reimbursement within 15 days of payment.

Article 8

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

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 10 June 1987

For the Commission

Frans ANDRIESSEN

Vice-President

FWG:L888UMBE12.96

FF: 8UEN; SETUP: 01; Hoehe: 921 mm; 161 Zeilen; 7764 Zeichen;

Bediener: FJJ0 Pr.: C;

Kunde: L 888 Umbr. 12

(1) OJ No L 326, 21. 11. 1986, p. 2.

ANNEX

CERTIFICATE FOR PAYMENT OF THE AMOUNT FOR ONE OR MORE ANNUAL INSTALMENTS OF WORK Operation No .

Responsible agency (name and address): .

.

The ........................ (¹), responsible under Article 13 of Regulation (EEC) No 3528/86 on protection of the Community's forests against atmospheric pollution for action taken under the terms of that Regulation, hereby certifies that:

1. The supporting documents indicated in the descriptive list sent to the Commission under Article 1 of Regulation (EEC) No 1697/87 have been checked;

2. The operation commenced on ........................ at the scheduled site;

3. The (first/two first/three first/four instalments) (all) of the operation was/where completed on ........................; the actual costs incurred amount to ...................................., of which ........................ has been paid by the responsible agency;

4. The abovementioned costs were financed as specified in Annex Ia hereto;

5. The abovementioned costs fall to the various types of operation as specified in the list of accounting documents given in Annex Ib; a comparative table of work planned and executed is given in Annex Ic (²);

6. It was been verified in the field by .................................... that the work carried out is as specified in the dossier attached to the application for aid and described in the Commission decision (apart from the following work: ........................); see Annex II for details;

7. The amount of recoverable value added tax included in the declared expenditure is ....................................;

8. The supporting documents are held by ................................................

Done at ................, ..................

For the authority responsible

.

(signature)

(¹) The name of authority or agency.

(²) If the aid is split up between different parts of the operation separate lists of accounting document and comparative tables must be made out for each part.

Annexe Ia to the payment certificate FINANCING PLAN

Subsidy

Capital

Total

Member State contribution

.

.

.

Region contribution

.

.

.

Other public funds

.

.

.

Private contribution

- owners

- on own account

-

.

.

- borrowings (¹)

-

.

.

- other

.

.

.

Aid already paid by Community

.

-

.

Total finance (²)

.

(¹) Show for each borrowing the source, amount, interest rate, period and terms of repayment. Indicate also, where appropriate, the rate and duration of any interest rate subsidies and the name of the establishment granting them.

(²) This must be the same amount as shown at 3 on the certificate.

FWG:L888UMBE13.96

FF: 8UEN; SETUP: 01; Hoehe: 537 mm; 87 Zeilen; 2685 Zeichen;

Bediener: FJJ0 Pr.: C;

Kunde:

Annexe Ib to certificate for payment of balances

List of accounting documents

(from ............ to ............)

Work

Cost as per

estimate

Accounting documents (¹)

Payments made

No

from ...... to ......

Dates (²)

from ...... to ......

Issued

by

Amount

VAT

Method

Dates (³)

from ...... to ......

Amount

VI.

Establishment of network of obser-

vatory points

III.

Annual damage inventory (collection and transmission of data)

III.

Experiments in the field to improve understanding of atmospheric pollu-

tion forest

IV.

Experiments in the field to devise methods of maintaining and restoring damaged forests

IV.

Pilot projects to improve methods

of observing and measuring forest damage

VI.

Demonstration projects to improve methods of observing and measuring forest damage

Total

(¹) Enter all documents including those relating to ineligible expenditure included in the project.

(²) Give reasons for any expenditure incurred before submission of said application.

(³) Actual payment dates and not due dates.

FWG:L888UMBE14.96

FF: 9999; SETUP: 01; Hoehe: 100 mm; 46 Zeilen; 1007 Zeichen;

Bediener: FJJ0 BS: .F; MC: P; Pr.: C;

Kunde:

22. 6. 87

Official Journal of the European Communities

Annex Ic to certificate for payment of balances

COMPARATIVE TABLE

Type of operation

Work planned

Work completed

Quantity

Quantity

(¹)

(²)

Cost

(¹)

(²)

Cost

Reason for change

III. Establishment of network of observation points

III.

Annual damage inventory (collection and transmission of data)

III.

Experiments in the field to improve understanding of atmospheric pollution in forests and its effects thereon

IV.

Experiments in the field to devise methods of maintaining and restoring damaged forests

IV.

Pilot projects to improve methods of observing and measuring forest damage

VI.

Demonstration projects to improve methods of observing and measuring forest damage.

(¹) State

- for I the number of observation points established;

- for II the number of points observed;

- for III and IV the number of field experiments;

- for V the number of pilot projects;

- for VI the number of demonstration projects.

(²) State

- for I the total number of trees sampled;

- for II the total number of trees observed;

leave blank for III, IV, V and VI.

FWG:L888UMBE15.96

FF: 8UEN; SETUP: 01; Hoehe: 255 mm; 44 Zeilen; 1105 Zeichen;

Bediener: FJJ0 Pr.: C;

Kunde: England