Decree of the Ministry of Agriculture and Forestry carrying into effect the initiative of the European Communities PESCA (No. 1070 of 1996)

NB: Unofficial translation © Ministry of Agriculture and Forestry, Finland Decision of the Ministry of Agriculture and Forestry on Implementing the Community Initiative PESCA (1070/1996) Section 1 Scope of application (1) This decision shall apply to aids granted from the Financial Instrument for Fisheries Guidance (FIFG), the European Social Fund (ESF) and the European Regional Development Fund (ERDF) to improve the socio-economic position of the fishing industry in accordance with the Community regulations insofar as they relate to the Community initiative Pesca. Section 2 Competent authority (1) Aids referred to in this decision shall be granted and paid by the Ministry of Agriculture and Forestry. Aid decisions shall be prepared in the rural business districts. Section 3 Prerequisites for granting aid (1) Aid may be granted for purposes laid down in the regulations and decisions of the European Community within the framework of the disposable funds allocated in the State budget in accordance with the PESCA programming document. (2) Furthermore, the prerequisite for granting aid shall be that the beneficiary has sufficient skills and experience as well as the financial preconditions to carry out the operations in accordance with the project plan. Section 4 Application (1) Aid shall be applied for from the sphere of responsibilities of the fishing industry of that rural business district in whose territory the project is mainly meant to be carried out. (2) Aid shall be applied for before starting the project. (3) A detailed project plan, a cost estimate of the project and a financing plan as well as other clarifications regarded necessary by the aid granting authority shall be annexed to the application. 2 Section 5 Decision (1) The decision concerning the granting of aid shall state at least the total costs of the project, the financing share of the beneficiary of the total costs, the total amount of granted aid, the purpose of the aid as well as separately the share of the European Union and the national share of the granted aid, the conditions of granting and paying, the time of payment, the payment procedure and the prerequisites of recovering the aid. Section 6 Payment (1) Aid may be paid in one or several instalments, however at the most in four instalments according to the progress of the project. For special reasons aid may be paid in advance.The last instalment, which is at least 20 percent of the total amount of aid, may not, however, be paid until the work is completed in an acceptable manner. (2) When paying aid, it shall be specified which part of the payment comes from the national share and which from the Community's share of aid. (3) The beneficiary shall be obligated to give the aid granting authority the necessary clarifications concerning payment and the control of the use of aid as well as a final report about the carrying out of the project. (4) The payment of aid may be interrupted, if the beneficiary does not meet the conditions set for payment. Section 7 Accounts related to the progress of the project (1) The beneficiary shall submit to the aid granting authority for the payment of each aid instalment the necessary accounts about the progress of the project to make sure that the prerequisites for payment exist. The book-keeping and the material related thereto shall be retained in accordance with the provisions of section 25 of the Bookkeeping Act (655/1973). Section 8 Monitoring (1) The Ministry of Agriculture and Forestry, the rural business district, the Ministry of the Interior and the Ministry of Employment or representatives authorized by them shall have the right to inspect the book-keeping of the beneficiary as well as the circumstances that are the conditions for payment to the extent required for the control of the use of aid. (2) The beneficiary shall, when requested, submit to the authorities referred to in subsection 1 that data which is necessary to clarify the use of aid and the fulfilment of aid conditions as well as to check the data presented in the aid application and in connection with the payments. 3 Section 9 Recovery of aid (1) The rural business district shall decide on the recovery of the paid aid on the grounds of the provisions of section 9 of the Act on Implementing the Common Fisheries Policy of the European Union (1139/94). (2) For the recovered aid shall be paid from its date of payment an annual interest which corresponds to the reference rate confirmed by the Bank of Finland plus three percentage units. If the repayment of aid is not made at the latest on the due date, for the delayed sum shall be paid an annual interest on arrears in accordance with section 4(3) of the Interest Act (633/1982). Section 10 Competent rural business authorities (1) The rural business districts referred to in section 4 of the decision of the Ministry of Agriculture and Forestry on rural business districts shall attend to the duties assigned to the rural business districts referred to in this decision. Section 11 Entry into force (1) This decision enters into force on 1 January 1997.