¿Qué se entiende por interés colectivo y beneficiario colectivo? ¿Por ejemplo, es una cofradía un beneficiario colectivo?
Respuesta de los Servicios de la Comisión:
According to art. 95 EMFF Regulation, the public contribution to certain operations can amount to up to 100%, provided that these operations:
- are of collective interest,
- have a collective beneficiary and
- have innovative features, where appropriate, at local level.
The term 'collective beneficiary' should be understood here as referring to an organisation recognised by the responsible authority as representing the interest of its members, of a group of stakeholders, or of the public at large.
However, to be eligible to the preferential treatment defined by this article, the actions undertaken by this organisation also need (in addition to their innovative features) to be in the collective interest of its members, of a group of stakeholders or of the general public. Such actions should thus encompass more than the sum of the individual interests of the members of this collective beneficiary. They have therefore a broader scope than those normally undertaken by private enterprises.
Managing Authorities should ensure that collective actions are not used to unduly take advantage of the more favourable provisions in the EMFF regulation for collective beneficiaries. They should in particular ensure that the beneficiary is the collective organisation itself and not its members. By way of an example, grouping the purchases of pieces of equipment to be owned and used by members of a professional association or a cooperative, to get better commercial deals, would not qualify as an action of collective interest as the members of the collective beneficiary who would end up owning the equipment would de facto become the actual beneficiaries. Conversely the purchase of an equipment to be owned by the collective beneficiary (e.g. the purchase by a fishermen association of a machine to produce liquid ice) to provide services to its members could be in the collective interest of the latter (in this example the liquid ice purchased by the fishermen would increase the value of their catch and the quality of the fish for the consumers).
Nota: Se ha mantenido el idioma utilizado por la Comisión, con el objeto de respetar la interpretación trasladada