
Article 1 
Regulation (EC) No 391/2007 is amended as follows:

((1)) Article 4 is replaced by the following:
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Article 4 

1. Member States shall enter into legal and budgetary commitments for actions considered eligible for a financial contribution under the decision provided for in Article 21 of Regulation (EC) No 861/2006 within 12 months of the end of the year in which they were notified of such decision.
2. Notwithstanding paragraph 1, Member States shall enter into legal and budgetary commitments for projects concerning the purchase or modernisation of vessels and aircrafts within 24 months of the end of the year in which they were notified of the decision provided for in Article 21 of Regulation (EC) No 861/2006.
3. Paragraph 2 shall apply as from 22 June 2010, the date on which the first Commission financing decision of 2010 was adopted.';
((2)) in Article 6, paragraph 2 is replaced by the following:
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2. Expenditure incurred on the purchase and modernisation of aircraft and vessels shall be eligible to the extent that it complies with Annex III and it is used for monitoring and control of fishing activities, as declared by the Member State concerned, for at least 25 % of the time. In cases where the vessels or aircraft are used less than 100 % of the time for monitoring and control of fishing activities, reimbursement shall be made at a rate which reflects the percentage use.';
((3)) in Article 10, paragraph 2 is replaced by the following:
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2. Where the nature of the project is such that a contract between the relevant administration and the supplier is required, the request by the Member State shall be accompanied by a certified copy of that contract.'
Article 2 
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.Done at Brussels, 18 November 2010.
For the Commission
The President
José Manuel BARROSO