Producer Organisation Scheme
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1 EMFF Operational Programme Producer Organisation Scheme EUROPEAN UNION This measure is part-financed by the European Maritime and Fisheries Fund Ireland s EU Structural and Investment Funds Programmes Co-funded by the Irish Government and the European Union This measure is part financed by the European Maritime & Fisheries Fund and the Irish Government through the Seafood Development Measure. Agriculture, Food and the Marine Talmhaíochta, Bia agus Mara
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3 Legal Basis This scheme supports the preparation and implementation of production and marketing plans referred to in Article 28 of Regulation (EU) No 1379/2013 and is introduced on the basis of Article 66 of REGULATION (EU) No 508/2014 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 15 May 2014 on the European Maritime and Fisheries Fund. Introduction This scheme provides supports to Producer Organisations (PO) for the preparation and implementation of Production and Marketing Plans (PMP) in 2014 and The period from 2016 onwards will be addressed through a separate scheme based on a similar general framework. Production and Marketing Plans provide for a range of actions which the PO concerned proposes to implement. Once the PMP is approved by the competent authority and the Annual Report for the year concerned is also approved by the competent authority, expenditure related to the implementation of identified measures in the approved PMP as verified by the Annual Report and necessary vouching documentation, is eligible for support under this scheme. Objectives of the Scheme In accordance with the EMFF OP strategy for Union Priority 5 (marketing and processing), the overall objective of the Producer Organisation Scheme is to promote the contribution of Producer Organisations to implementation of the CFP and development of the seafood sector. The Scheme may also support the following specific objectives Union Priority 1 Fisheries Sector CFP implementation Reducing the Impact of Fisheries on the Marine Environment Implementing the Small Scale Coastal Fisheries Action Plan Union Priority 2 Aquaculture Sector Sustainable growth of output, value and employment Knowledge, Innovation and Technology Eligible Bodies Support under this scheme is available to Producer Organisations (POs): 1. That are established pursuant to REGULATION (EU) No 1379/2013 on the common organisation of the markets in fishery and aquaculture products, amending Council Regulations (EC) No 1184/2006 and (EC) No 1224/2009 and repealing Council Regulation (EC) No 104/2000; 2. That are recognised by the competent authority. 1
4 Eligible Measures Support will be provided only for measures identified in the approved Production and Marketing Plans. Expenditure under eligible measures 1 9 is subject to the following provisions: 1. Preparation of Production and Marketing Plans and Annual Report Costs of preparation of a PMPs and Annual Report. Includes direct staff costs of a Producer Organisation for this purpose and / or contracting of consultants for this purpose. Maximum support per year of 30,000 or 65% of eligible expenditure (whichever is the lesser) may be claimed in respect of the preparation of a PMP and Annual Report. 2. Administrative implementation of Production and Marketing Plans All direct staff costs of a PO for implementation of measures identified in a PMP. Maximum support per year of 35,000 or 65% of eligible expenditure (whichever is the lesser) may be claimed in respect of the administrative implementation of a PMP. 3. Celtic Sea Herring Management Advisory Committee (Administration Costs) This support is available only for the Producer Organisation administering the CSHMAC. Support will be provided for vouched administration costs associated with the administration of the Celtic Sea Management Advisory Committee Maximum support per year of 5,000 or 65% of eligible expenditure (whichever is the lesser) may be claimed in respect of administration of CSHMAC. 4. Attendance at specified meetings Support will be provided for 1 person from each approved PO to cover travel and subsistence in accordance with public service rules and an agreed per diem rate for a specified number of days. Maximum support per year of 65% of eligible expenditure may be claimed in respect of attendance at specified meetings. Eligible meetings are as follows: Quota Management Advisory Committee (each monthly meeting); Irish Fisheries Science Partnerships (each quarterly meeting); Discard Implementation Group (each meeting and a maximum of 5 meetings in any calendar year of Technical Sub Groups). EU Council & National Consultative Council (maximum of 2 meetings in any calendar year of the European Fisheries Council & at each of the National Sea Fisheries Consultative Council Meetings). 5. Dissemination of knowledge & advisory services Support will be provided to promote the dissemination of knowledge of an economic, technical, regulatory or scientific nature and of innovative practices, in particular linked to the implementation of Production & Marketing Plans and the Common Fisheries Policy. Support will cover travel and subsistence in accordance with public service rules and an agreed per diem rate for a specified number of days. Maximum support per year of 23,000 or 65% of eligible expenditure (whichever is the lesser) may be claimed in respect of dissemination of knowledge & advisory services. Items approved under his category must be detailed in advance in the Annual Report and are subject to approval by the competent authority. 2
5 6. Fish Stock Surveys/Trials Support will be provided to fish stock surveys/trials only when implemented in 2014 or For all other years, fish stock surveys and trials will be through other EMFF OP schemes. Maximum support per year of 40% of eligible expenditure may be claimed in respect of fish stock surveys / trials for the years only. 7. All Other Measures Support will be provided for all other identified measures in the Production and Marketing Plans, provided they have not been supported under another EMFF scheme. These measures must be identifiable in the approved Production and Marketing Plans concerned. Maximum support per year of 1,000 or 5% of eligible expenditure (whichever is the lesser) may be claimed in respect of all other measures in the Production and Marketing Plans. 8. Capital Costs Support will be provided to cover the purchase of capital equipment, specifically office equipment related to the implementation of the Production and Marketing Plans, including computers, printers, photocopiers, and other office machines. Proof of payment will be required in all cases. Maximum support per year of 1,750 or 65% of eligible expenditure (whichever is the lesser) may be claimed in respect of capital costs. 9. Indirect Costs (Overheads) Eligible indirect costs will be calculated at a flat rate of 10% of eligible direct staff costs under items 1 and 2 above, subject to maximum support per year of 3,500. Eligible Expenditure Staff Costs All staff salary costs, including salary costs associated with the preparation and implementation of the Production and Marketing Plans (including direct and/or indirect subcontract costs) to be set out clearly in the Project Implementation Plan (PIP). Set out separately and as appropriate: Hourly/daily rate for all staff involved. These shall be calculated as follows: 1. Calculate the annual rate as the lesser of a. the certified (P60) salary of each staff member claimed or, b. the first point of the standard salary scale for the agreed Public service equivalent grade (PSEG). 2. Calculate the daily rate as the yearly rate divided by 220. PSEG: Principal Officer, Assistant Principal Officer, Higher Executive Officer and Executive Officer. Subject to 1 above, the Executive Secretary of a Producer Organisation will qualify as PSEG at Principal Officer level and other staff at lower grades as appropriate and agreed with the implementing authority. The salary reference point will the first point of the standard scale in all cases. The category claimed (see below). Total number of hours/days claimed by category. Employers PRSI (at the appropriate rate at the time of payment). 3
6 Travel & Subsistence (i) Travel The maximum level of support payable in respect of travel and subsistence expenses for both domestic and international travel will be linked to the rates, terms and conditions for Public Service staff at the time of travel. The domestic subsistence rates are shown below. Rates for subsistence abroad will vary based on location in accordance with the Public Service rates. Support towards travel costs will be linked to standard guidelines to Public Servants in respect of minimising the costs associated with such travel and securing value for money. Claims will be subject to provision of approved and certified: (a) Travel and Subsistence claim sheets including proof of overnight accommodation where claimed (b) Time sheets to be supplied at time of claim. Domestic Subsistence rates from 1st July 2015 Overnight Rate Day Rates Normal Reduced Detention 10 hours 5 Duration Domestic Subsistence rates from 1st January th June 2015 (circular 07/2009) Overnight Rate Day Rates Normal Reduced Detention 10 hours 5 Duration 10 A CLASS B CLASS (ii) Mileage Contribution for mileage will be linked to the current equivalent Public Service Rates. For illustrative purposes, the current mileage rates are shown below. Reimbursement limits for travel costs will be based on standard guidelines to Public Servants in respect of minimising the costs associated with such travel and securing value for money. Claims will be subject to provision of approved and certified: (a) Travel and Subsistence claim sheets. (b) Time sheets to be supplied at time of claim. Current Rates per kilometre effective from 1 January 2014 (circular 7/09) Engine Capacity 0-1,200cc 1,201-1,500 cc > 1,500 cc A 0-6,437 km cent cent cent B 6,438 km cent cent cent 4
7 Terms and Conditions Applicants should please note that terms and conditions will apply to all applications. These will include, but may not be limited to, the following: 1. The Managing Authority for the scheme is the Department of Agriculture, Food and the Marine (DAFM). 2. The Implementing Authority for this scheme is Bord Iascaigh Mhara (BIM). Bord Iascaigh Mhara (BIM) are officially designated, by the Managing Authority, as an Intermediate Authority for the purposes of this scheme. Funding for this scheme is subject to monies being available to BIM on an annual basis through the estimates process. 3. Expenditure incurred (including any work undertaken or receipts dated) prior to the commencement date of a project is ineligible for grant payment. However, work undertaken in connection with the preparation of a PMP will be eligible from 1 January The Commencement date of a project is the date shown in the Letter of Acknowledgement, issued by the competent authority, following receipt of a Production & Marketing Plan. 4. Following approval of a PMP by the competent authority and prior to any payment, applicants must submit, and have approved: A Schedule of Expenditure in the format shown in Appendix A, to BIM. An Annual Report to the competent authority. This report should detail the measures taken to meet the Objectives of the Scheme (see above). The Schedule of Expenditure must relate directly to the Annual Report. 5. The Implementing Authority, with the agreement of the Managing Authority, reserves the right to alter or amend the conditions of this scheme and or to suspend the scheme or to substitute the scheme for a different scheme. 6. Under no circumstances will operations be financed where such aid leads, either directly or indirectly, to increased fishing effort or increases the ability of a group vessel to catch fish. 7. Support will not, under any circumstances, cover costs related to exploratory fishing. 8. No minimum level of expenditure applies to this scheme, however, maximum levels apply in certain cases. 9. Economic Data Provision: Applicants for support must ensure that their members comply with the provisions of the Data Collection Regulation at the time of payment. In the case of fishing vessels, compliance is achieved by completing, and returning to BIM, a Data Access Form. This gives a warranted data officer of BIM the authority to contact an accountant or certified financial representative, acting on behalf of the vessel operator, and to acquire from them, the economic data required by the EU Data Collection Regulation, on an annual basis, for a period of 5 years from the date of the letter of approval. Payment of support will be dependent on and subject to data access forms being received by BIM prior to the payment of any claim under this scheme. Failure to comply with the terms of this provision will result in a 5% reduction in year 1 and a 10% reduction in year 2 in the total aid payable in respect of each member that fails to return a correctly completed Data Access Form. 5
8 10. At-sea data collection observer trips: The members of a Producer Organisation, approved under this scheme, shall, as required, facilitate the carriage of scientific personnel for the purposes of at-sea data collection observer trips. The number of trips will be in proportion to the uptake by its members of the national quota for all stocks subject to the requirements of the EC Data Collection Regulation and the composition of the fleet relative to the fleet targets laid out in the DCF National Programme. Failure to comply with these provisions will result in a deduction in the total annual payment under this scheme as follows: 15% in year 1; 25% in year 2; 50% in year 3 and subsequent years. Refusal rates will also be collected for each PO, included in the Annual report and considered when making any adjustments in payment to a PO even where target rates have been met. 11. Where appropriate, all claims for payment for completed work must be received by BIM by any date specified in a letter of approval or other correspondence from BIM. 12. Applicants should note that for all claims in respect of third-parties (consultants etc.) and any capital items, they will be required to submit proof of payment such as copy paid cheques, bank statements, or interbank documentation, or any other documentation deemed necessary etc. Cash payments are not eligible for support. 13. Procurement policy and practice (for goods or services supplied or provided as part of the project) must be in line with the National (MS) & EU Commission Procurement guidelines (Directive 2014/24/EC (26 February 2014) and conform to the core principles of such guidelines. Audit Requirements 1. All claims submitted by a Producer Organisation for funding relating to PMPs will necessitate the submission of Annual Report which should accompany the claim for payment along with relevant supporting documentation, financial and other information, as required (see below). 2. Payment shall be subject to inspection checks and/or audit by authorised officers of the Managing Authority, Audit Authority, external auditors on behalf of the EU Commission, officials of the EU Commission or the EU Court of Auditors and in this connection the PO shall be required to: a) Provide facilities to allow on-site access to, and examination of, all installations and records considered relevant by authorised officers; b) Provide copies of annual accounts, Final and Annual Reports, mid-term evaluations, details in relation to the calculation of its PMP and any other supplementary information deemed necessary by authorised officers; c) Maintain and make available to such officers on request, records relating to expenditure incurred by the PO and any further supporting documentation/files required to verify the validity and accuracy of those records, including where requested tenders, paid invoices, receipts, bank statements, returned paid cheques, wage slips, time-sheets, records of electronic fund transfers, certificates issued by auditors etc., any or all of which may be verified independently by authorised officers; 6
9 d) Ensure that expenditure incurred which formed the basis of claims and the payment to the PO of funds under this Scheme is easily identifiable in the PO s accounting system. The PO must credit to the operational fund bank account any levies collected from members under the Scheme and any rebates, reductions or commission received which are not already included on the relevant invoice(s). The PO must notify BIM of any such amounts credited to the Operational fund, and, at the latest, at the time of submission of the claim for financial assistance under this Scheme; and e) Ensure that there is a clear audit trail from the claim to the source documents, to the item or service supplied to the PO. 3. Technical Assessments All programmes will be subject to a technical assessment prior to payment. Whilst the PO or the PO member will usually receive notice of when an inspection is due to take place, on occasion a visit may be carried out on an unannounced basis. Access must be granted to authorised officers undertaking the inspection at all reasonable times whether or not prior notification has been given. If a PO staff member, an officer of the PO or a PO member or a representative of the PO prevents an authorised officer undertaking the inspection from making a check, the application for aid will be rejected. 4. Financial Management The public expenditure in respect of aspects/projects funded under this scheme will be provided annually in the estimates of the Department of Agriculture, Food & the Marine. Grants will include the EMFF contribution, which will be reclaimed by the Certifying Authority for the benefit of the Exchequer. Claims, once approved and certified, in respect of EMFF assistance will be submitted to the Commission by the Certifying Authority. 5. Document Retention In accordance with Article 140 of the Common Provisions Regulation (EC) 1303/2013, the Managing Authority, BIM and each PO will ensure that all supporting documents regarding expenditure, verification checks, certification and audits on operations for which total eligible expenditure is less than 1,000, are kept available for the EU Commission and Court of Auditors for a period of three years from 31 December following the submission of the accounts in which the expenditure of the operation is included. In the case of operations over 1,000, all supporting documentation shall be kept for a 2 year period from 31 December following the submission of accounts in which the final expenditure of the completed operation is included. The Managing Authority will inform BIM of the start date of the period referred to above. 6. Verification/Inspections/Audits PO records/project will be subject to inspection which may be undertaken by the Managing Authority, Intermediate Authority or approved designated inspector at the POs location, format may require detailed examination of records/reports submitted by the PO with the assistance of a technical expert if required as proof of the completion of work, verification of action etc. PO shall keep a separate accounts system for transactions in relation to PMP. 7. Producer Organisation Responsibilities: Responsibilities under Regulation (EU) 1379/2013 of the European Parliament and of the Council of 11 December 2013 on the common organisation of the markets in fishery and aquaculture products. Submit to the competent national authorities for approval, a Production & Marketing Plan (PMP), as required under article 28(1) of regulation (EU) No 1379/2013 Common Organisation of the Markets. (Submissions should be made to BIM in the first instance). Submit to the competent national authorities for approval, an annual report of its activities under the production and marketing plan (Annual Report), as required under article 28(5) of regulation (EU) No 1379/2013 Common Organisation of the Markets. (Submissions should be made to BIM). (Submissions should be made to BIM in the first instance). 7
10 Responsibilities under Regulation (EU) 508/2014 of the European Parliament and of the Council of 15 May 2014 on the European Maritime and Fisheries Fund Submit to the Intermediate Authority (BIM) for approval, a Project Implementation Plan (PIP), setting out the support request for the preparation and implementation of production and marketing plans referred to in Article 28 of Regulation (EU) No 1379/2013. Submit to the Intermediate Authority (BIM), a Schedule of Expenditure, being the claim for financial support for the preparation and implementation of production and marketing plans referred to in Article 28 of Regulation (EU) No 1379/2013. Co-operate with OP-level evaluations. Ensure that only eligible expenditure actually incurred, and expenditure which comes under the terms of the PMP as approved and agreed with competent authority, is declared. Ensure that a clear audit trail exists in relation to EMFF eligible costs and that claims are supported by receipted invoices or, where this cannot be done, by accounting documents of equivalent probative value. Typical supporting documentation (indicative only); Proof of payment: stamped copy cheque, bank draft, interbank documentation of bill of exchange, bank statement, time-sheets, wage slips and/or such other documentation as may be requested by BIM or the Managing Authority. Original invoices, prepared by a third party, and charged/made out to the PO, showing the name and address of supplier, VAT registration number, date, rate of VAT, description of goods and services rendered etc. NB Only invoices charged to the PO will be eligible. Expenditure approved for grant aid must be vouched and certified by the Grantee s auditors as having been incurred and payments made. Payment claims for expenditure in excess of 20,000 must be supported by an auditor s certificate from a registered auditor. Audit fees are not eligible for grant assistance. Ineligible items excluded from payment: Cash payments to suppliers not allowable under any circumstances. VAT is not eligible for grant aid unless the grantee can show that PO is unable to recover it 8. Claims Process (Indicative only) Submission of Claim: PO will submit a claim for eligible expenditure on the basis of the content/actions contained in the Annual Report and the eligible measures (which have been agreed for funding only) together with all required documentation to support their claim. Processing of Claim: On receipt of claim the Intermediate Authority will review the claim and verify the expenditure contained in the claim with the PO, inspect the supporting documentation and verify that a clear supporting documentation & audit trail exists to enable payments to be made. Payment of Claim: Once the claim has been reviewed, eligible and verifiable eligible expenditure will be paid to PO on the basis of the applicable agreed support rate and overall cap/limits for the support given to PO. 8
11 9. Information and Publicity The contribution of the Irish exchequer and EMFF , will be acknowledged in all brochures, promotional material, press releases, publicity activity, advertisements, signage, applications forms, annual reports, letters of offer, etc., by use of appropriate logo and text references. The Managing Authority and Intermediate Authority will ensure that each PO will comply with Annex V of Commission Regulation 508/2014 concerning the provision of information on the Operational Programme and the co-funding provided by the Union. Procurement & Tendering Policy Procurement policy and practice (for goods or services contracts including recruitment of project personnel, supplied as part of this project, must be in line with the public sector procurement Directive 2014/24/EC (26 February 2014) and conform to certain core principles and National Guidelines. In every case the following core principles apply: 1. Full Accountability and maintenance of relevant records 2. Competitive Quotes in line with market norms 3. Non-discriminatory appraisal process with equality of treatment principle 4. Fair and transparent appraisal process with maintenance of full tender records 5. Competitions conducted with probity and integrity. See Civil Service Circular 10/10 - Guidance on measures to facilitate participation of SME s in public procurement. Thresholds The following thresholds apply in relation to works and related services contracts awarded by the Grantee in the context of a project. Level 1: Two separate quotations must be sought for orders between 1,000 and 4,999. Level 2: Three separate quotations must be sought for orders between 5,000 and 24,999. Level 3: Level 4: For amounts between 25,000 and 209,000 a tender notice publication must be raised in line with National Tender Procurement on the Government website For amounts above 209,000 a tender notice publications must be raised in line with the EU Tender Procedure on the Government website The tender notice will then be automatically published on the Official Journal of the (EU (OJEU) website. The thresholds outlined above are net of VAT. 9
12 How to Apply Following approval of a PMP by the competent authority, and prior to payment, applicants must submit, and have approved: A Schedule of Expenditure to BIM. An Annual Report to the competent authority. Address Bord Iascaigh Mhara Fisheries Development & Training Services Division PO Box 12, Crofton Road, Dun Laoghaire, Co Dublin. Fax: Forms are available from BIM Tel: / Christie@bim.ie Forms can also be downloaded from the BIM website How BIM will use your information Information including PPSNs and other tax numbers used in the processing of this grant application will also be used in the processing of BIM s end of year returns and disclosed to Revenue as set out in the Code of Practice for the Governance of State Bodies (Department of Finance 2009). 10
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