CHAPTER I — General principles of support
State aid
1. Without prejudice to paragraph 2 of this Article, Articles 107, 108 and 109 TFEU shall apply to aid granted by Member States to undertakings in the fishery and aquaculture sector.
2. However, Articles 107, 108 and 109 TFEU shall not apply to payments made by Member States pursuant to this Regulation and falling within the scope of Article 42 TFEU.
3. National provisions setting up public financing going beyond the provisions of this Regulation concerning payments referred to in paragraph 2 shall be treated as a whole on the basis of paragraph 1.
4. For the fishery and aquaculture products listed in Annex I TFEU to which Articles 107, 108 and 109 thereof apply, the Commission may authorise, in accordance with Article 108 TFEU, operating aid in the outermost regions referred to in Article 349 TFEU in respect of the sectors producing, processing and marketing fishery and aquaculture products, with a view to alleviating the specific constraints in those regions as a result of their isolation, insularity or remoteness.
Admissibility of applications
1. An application for support submitted by an operator shall be inadmissible for an identified period of time laid down pursuant to paragraph 4 of this Article, if it has been determined by the competent authority that the operator concerned:
(a)
has committed serious infringements under Article 42 of Council Regulation (EC) No 1005/2008 ( 30 ) or Article 90 of Regulation (EC) No 1224/2009 or under other legislation adopted by the European Parliament and the Council within the framework of the CFP;
(b)
has been involved in the operation, management or ownership of a fishing vessel included in the Union IUU vessel list as set out in Article 40(3) of Regulation (EC) No 1005/2008, or of a vessel flying the flag of countries identified as non-cooperating third countries as set out in Article 33 of that Regulation; or
(c)
has committed any of the environmental offences set out in Articles 3 and 4 of Directive 2008/99/EC of the European Parliament and of the Council ( 31 ) , where the application for support is submitted under Article 27 of this Regulation.
2. If any of the situations referred to in paragraph 1 of this Article occurs throughout the period between submitting the application for support and five years after the final payment, the support paid from EMFAF and related to that application shall be recovered from the operator, in accordance with Article 44 of this Regulation and Article 103 of Regulation (EU) 2021/1060.
3. Without prejudice to more far-reaching national rules as agreed on in the Partnership Agreement with the Member State concerned, an application for support submitted by an operator shall be inadmissible for an identified period of time laid down pursuant to paragraph 4 of this Article, if it has been determined through a final decision by the competent authority concerned that the operator has committed fraud, as defined in Article 3 of Directive (EU) 2017/1371, in the context of the EMFF or the EMFAF.
4. The Commission is empowered to adopt delegated acts, in accordance with Article 62, supplementing this Regulation concerning:
(a)
the identification of the threshold triggering, and the period of time of, the inadmissibility referred to in paragraphs 1 and 3 of this Article, which shall be proportionate to the nature, gravity, duration and repetition of the serious infringements, offences or fraud committed, and shall be of at least one year’s duration;
(b)
in accordance with Article 44 of this Regulation and Article 103 of Regulation (EU) 2021/1060, the arrangements for recovering the support granted pursuant to paragraph 2 of this Article, which shall be proportionate to the nature, gravity, duration and repetition of the serious infringements or offences committed;
(c)
the relevant starting or ending dates of the periods of time referred to in paragraphs 1 and 3 and the conditions for a reduced period of inadmissibility.
5. Member States may apply, in accordance with national rules, a longer inadmissibility period than that laid down pursuant to paragraph 4. Member States may apply an inadmissibility period also to applications for support submitted by operators engaged in inland fishing who have committed serious infringements, as defined by national rules.
6. Member States shall require that operators submitting an application for support under the EMFAF provide to the managing authority a signed statement confirming that they do not fall under any of the situations listed in paragraphs 1 and 3 of this Article. Member States shall verify the veracity of that statement before approving the application, based on the information available in the national registers of infringements referred to in Article 93 of Regulation (EC) No 1224/2009, or any other available data.
For the purposes of the verification referred to in the first subparagraph of this paragraph, a Member State shall provide, on request from another Member State, the information contained in its national register of infringements referred to in Article 93 of Regulation (EC) No 1224/2009.
Eligibility for support from the EMFAF under shared management
1. Without prejudice to the rules on eligibility of expenditure laid down in Regulation (EU) 2021/1060, Member States may select for support under this Title the operations which:
(a)
fall under the scope of the priorities and specific objectives set out in Article 8(2);
(b)
are not ineligible pursuant to Article 13; and
(c)
are in accordance with applicable Union law.
2. The EMFAF may support investments on board necessary to comply with requirements imposed by a Member State to give effect to optional provisions under Directive (EU) 2017/159.
Ineligible operations or expenditure
The following operations or expenditure shall not be eligible for support from the EMFAF:
(a)
operations that increase the fishing capacity of a fishing vessel, unless otherwise provided for in Article 19;
(b)
the acquisition of equipment that increases the ability of a fishing vessel to find fish;
(c)
the construction, acquisition or importation of fishing vessels, unless otherwise provided for in Article 17;
(d)
the transfer or reflagging of fishing vessels to third countries, including through the creation of joint ventures with partners of third countries;
(e)
the temporary or permanent cessation of fishing activities, unless otherwise provided for in Articles 20 and 21;
(f)
exploratory fishing;
(g)
the transfer of ownership of a business;
(h)
direct restocking, except explicitly provided for as a reintroduction measure or other conservation measures in a Union legal act or in the case of experimental restocking;
(i)
the construction of new ports or new auction halls, with the exception of new landing sites;
(j)
market intervention mechanisms aiming to temporarily or permanently withdraw fishery or aquaculture products from the market with a view to reducing supply in order to prevent price decline or to drive prices up, unless otherwise provided for in Article 26(2);
(k)
investments on board fishing vessels necessary to comply with the requirements under Union law in force at the time of submission of the application for support, including requirements under the Union’s obligations in the context of RFMOs, unless otherwise provided for in Article 22;
(l)
investments on board fishing vessels that have carried out fishing activities for less than 60 days in the two calendar years preceding the year of submission of the application for support;
(m)
the replacement or modernisation of a main or ancillary engine of a fishing vessel, unless otherwise provided for in Article 18.
CHAPTER II — Priority 1: Fostering sustainable fisheries and the restoration and conservation of aquatic biological resources
Section 1 — Scope of support
Specific objectives
1. Support under this Chapter shall cover interventions that contribute to the achievement of the objectives of the CFP as set out in Article 2 of Regulation (EU) No 1380/2013, through one or more of the following specific objectives:
(a)
strengthening economically, socially and environmentally sustainable fishing activities;
(b)
increasing energy efficiency and reducing CO 2 emissions through the replacement or modernisation of engines of fishing vessels;
(c)
promoting the adjustment of fishing capacity to fishing opportunities in cases of permanent cessation of fishing activities and contributing to a fair standard of living in cases of temporary cessation of fishing activities;
(d)
fostering efficient fisheries control and enforcement, including fighting against IUU fishing, as well as reliable data for knowledge-based decision making;
(e)
promoting a level-playing field for fishery and aquaculture products from the outermost regions; and
(f)
contributing to the protection and restoration of aquatic biodiversity and ecosystems.
2. Support under this Chapter may be granted to inland fishing under the conditions provided for in Article 16.
Section 2 — Specific conditions
Transferring or reflagging of fishing vessels
Where support under this Chapter is granted in respect of a Union fishing vessel, that vessel shall not be transferred or reflagged outside the Union during at least five years from the final payment for the supported operation.
Inland fishing
1. The provisions laid down in point (a) of Article 17(6), point (a) of Article 18(2), points (a) and (d) of Article 19(2), Article 20, points (a) to (d) of Article 21(2), as well as the reference to Regulation (EC) No 1224/2009 in point (d) of Article 19(3) of this Regulation, shall not apply to inland fishing vessels.
2. In the case of inland fishing vessels, the references to the date of registration in the Union fleet register in points (d) and (e) of Article 17(6), point (b) of Article 18(2) and point (c) of Article 19(2) shall be replaced by references to the date of entry into service, in accordance with national law.
First acquisition of a fishing vessel
1. By way of derogation from point (c) of Article 13, the EMFAF may support the first acquisition of a fishing vessel or the acquisition of partial ownership thereof.
The support referred to in the first subparagraph shall contribute to the specific objective referred to in point (a) of Article 14(1).
2. Support under this Article may only be granted to a natural person who:
(a)
is no more than 40 years of age at the date of submission of the application for support; and
(b)
has worked at least five years as fisher or has acquired adequate qualification.
3. Support under paragraph 1 may also be granted to legal entities wholly owned by one or more natural persons who each fulfil the conditions set out in paragraph 2.
4. Support under this Article may be granted for the joint first acquisition of a fishing vessel by several natural persons who each fulfil the conditions set out in paragraph 2.
5. Support under this Article may also be granted for the acquisition of partial ownership of a fishing vessel by a natural person who fulfils the conditions set out in paragraph 2 and who shall be deemed to have controlling rights on that vessel through ownership of at least of 33 % of the vessel or of the shares in the vessel or by a legal entity which fulfils the conditions set out in paragraph 3 and which shall be deemed to have controlling rights on that vessel through ownership of at least of 33 % of the vessel or of the shares in the vessel.
6. Support under this Article may be granted only in respect of a fishing vessel which:
(a)
belongs to a fleet segment for which the latest report on fishing capacity, referred to in Article 22(2) of Regulation (EU) No 1380/2013, has shown a balance with the fishing opportunities available to that segment;
(b)
is equipped for fishing activities;
(c)
is not longer than 24 metres in overall length;
(d)
has been registered in the Union fleet register for at least three calendar years preceding the year of submission of the application for support in the case of a small-scale coastal fishing vessel, and for at least five calendar years in the case of another type of vessel; and
(e)
has been registered in the Union fleet register for a maximum of 30 calendar years preceding the year of submission of the application for support.
7. The first acquisition of a fishing vessel supported under this Article shall not be considered a transfer of ownership of a business within the meaning of point (g) of Article 13.
Replacement or modernisation of a main or ancillary engine
1. By way of derogation from point (m) of Article 13, the EMFAF may support the replacement or modernisation of a main or ancillary engine of a fishing vessel up to 24 metres in overall length.
The support referred to in the first subparagraph shall contribute to the specific objective referred to in point (b) of Article 14(1).
2. Support under this Article may be granted only under the following conditions:
(a)
the vessel belongs to a fleet segment for which the latest report on fishing capacity, referred to in Article 22(2) of Regulation (EU) No 1380/2013, has shown a balance with the fishing opportunities available to that segment;
(b)
the vessel has been registered in the Union fleet register for at least five calendar years preceding the year of submission of the application for support;
(c)
for small-scale coastal fishing vessels, the new or modernised engine does not have more power in kW than that of the current engine; and
(d)
for other vessels up to 24 metres in overall length, the new or modernised engine does not have more power in kW than that of the current engine and emits at least 20 % less CO 2 compared to the current engine.
3. Member States shall ensure that all replaced or modernised engines are subject to a physical verification.
4. The fishing capacity withdrawn due to the replacement or modernisation of a main or ancillary engine shall not be replaced.
5. The reduction of CO 2 emission required under point (d) of paragraph 2 shall be considered to be met in either of the following cases:
(a)
where relevant information certified by the manufacturer of the engine concerned as part of a type approval or product certificate indicates that the new engine emits 20 % less CO 2 than the engine being replaced; or
(b)
where relevant information certified by the manufacturer of the engine concerned as part of a type approval or product certificate indicates that the new engine uses 20 % less fuel than the engine being replaced.
Where the relevant information certified by the manufacturer of the engine concerned as part of a type approval or product certificate for one or both of the engines does not permit a comparison of the CO 2 emission or fuel consumption, the reduction of CO 2 emission required under point (d) of paragraph 2 shall be considered to be met in any of the following cases:
(a)
the new engine uses an energy-efficient technology and the age difference between the new engine and the engine being replaced is at least seven years;
(b)
the new engine uses a type of fuel or a propulsion system which is considered to emit less CO 2 than the engine being replaced;
(c)
the Member State measures that the new engine emits 20 % less CO 2 or uses 20 % less fuel than the engine being replaced under the normal fishing effort of the vessel concerned.
The Commission shall adopt implementing acts to identify the energy-efficient technologies referred to in point (a) of the second subparagraph of this paragraph and to further specify the methodology elements for the implementation of point (c) of that subparagraph. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 63(2).
Increase in the gross tonnage of a fishing vessel to improve safety, working conditions or energy efficiency
1. By way of derogation from point (a) of Article 13, the EMFAF may support operations that increase the gross tonnage of a fishing vessel for the purposes of improving safety, working conditions or energy efficiency.
The support referred to in the first subparagraph shall contribute to the specific objective referred to in point (a) of Article 14(1).
2. Support under this Article may be granted only under the following conditions:
(a)
the fishing vessel belongs to a fleet segment for which the latest report on fishing capacity, referred to in Article 22(2) of Regulation (EU) No 1380/2013, has shown a balance of the fishing capacity of the segment with the fishing opportunities available to that segment;
(b)
the fishing vessel is not longer than 24 metres in overall length;
(c)
the fishing vessel has been registered in the Union fleet register for at least the 10 calendar years preceding the year of submission of the application for support; and
(d)
the entry into the fishing fleet of new fishing capacity generated by the operation is compensated for by the prior withdrawal of at least the same amount of fishing capacity without public aid from the same fleet segment or from a fleet segment for which the latest report on fishing capacity, referred to in Article 22(2) of Regulation (EU) No 1380/2013, has shown that the fishing capacity is not in balance with the fishing opportunities available to that segment.
3. For the purposes of paragraph 1, only the following operations shall be eligible:
(a)
the increase in gross tonnage necessary for the subsequent installation or renovation of accommodation facilities dedicated to the exclusive use of the crew, including sanitary facilities, common areas, kitchen facilities and shelter deck structures;
(b)
the increase in gross tonnage necessary for the subsequent improvement or installation of on-board fire prevention systems, safety and alarm systems or noise-reduction systems;
(c)
the increase in gross tonnage necessary for the subsequent installation of integrated bridge systems to improve navigation or engine control;
(d)
the increase in gross tonnage necessary for the subsequent installation or renovation of an engine or a propulsion system that demonstrates a better energy efficiency or lower CO 2 emissions compared to the previous situation, which does not have a power exceeding the fishing vessel’s previously certified engine power pursuant to Article 40(1) of Regulation (EC) No 1224/2009, and whose maximum power output is certified by the manufacturer for that engine or propulsion system model;
(e)
the replacement or renovation of the bulbous bow provided that it improves the overall energy efficiency of the fishing vessel.
4. As part of the data provided pursuant to Article 46(3), Member States shall communicate to the Commission the characteristics of the operations supported under this Article, including the amount of the fishing capacity increased and the purpose of that increase.
5. Support under this Article shall not cover operations related to investments aimed at improving safety, working conditions or energy efficiency where such operations do not increase the fishing capacity of the vessel concerned. Those operations may be supported in accordance with Article 12.
Permanent cessation of fishing activities
1. By way of derogation from point (e) of Article 13, the EMFAF may support compensation for the permanent cessation of fishing activities.
The support referred to in the first subparagraph of this paragraph shall contribute to the specific objective referred to in point (c) of Article 14(1).
2. Support under this Article may be granted only under the following conditions:
(a)
the cessation is foreseen as a tool of an action plan referred to in Article 22(4) of Regulation (EU) No 1380/2013;
(b)
the cessation is achieved through the scrapping of the fishing vessel or through its decommissioning and retrofitting for activities other than commercial fishing, keeping in line with the objectives of the CFP and of the multiannual plans referred to in Regulation (EU) No 1380/2013;
(c)
the fishing vessel is registered as active and has carried out fishing activities at sea for at least 90 days per year during the last two calendar years preceding the date of submission of the application for support;
(d)
the equivalent fishing capacity is permanently removed from the Union fishing fleet register and the fishing licences and the fishing authorisations are permanently withdrawn, in accordance with Article 22(5) and (6) of Regulation (EU) No 1380/2013; and
(e)
the beneficiary shall not register any fishing vessel within five years following the receipt of support.
3. The support referred to in paragraph 1 may only be granted to:
(a)
owners of Union fishing vessels concerned by the permanent cessation; and
(b)
fishers who have worked at sea on board a Union fishing vessel concerned by the permanent cessation for at least 90 days per year during the last two calendar years preceding the year of submission of the application for support.
The fishers referred to in point (b) of the first subparagraph shall cease all fishing activities for five years following the receipt of support. If a fisher returns to fishing activities within that period of time, sums unduly paid in respect of the operation shall be recovered by the Member State concerned, in an amount proportionate to the period during which the condition set out in the first sentence of this subparagraph has not been fulfilled.
Temporary cessation of fishing activities
1. By way of derogation from point (e) of Article 13, the EMFAF may support compensation for the temporary cessation of fishing activities.
The support referred to in the first subparagraph shall contribute to the specific objective referred to in point (c) of Article 14(1).
2. Support under this Article may be granted only in the case of:
(a)
conservation measures, as referred to in points (a), (b), (c), (i) and (j) of Article 7(1) of Regulation (EU) No 1380/2013 or, where applicable to the Union, equivalent conservation measures adopted by RFMOs;
(b)
Commission measures in case of a serious threat to marine biological resources, as referred to in Article 12 of Regulation (EU) No 1380/2013;
(c)
Member States’ emergency measures pursuant to Article 13 of Regulation (EU) No 1380/2013;
(d)
the interruption, due to reasons of force majeure, of the application of a SFPA or protocol thereto; or
(e)
natural disasters, environmental incidents or health crises, as formally recognised by the competent authorities of the relevant Member State.
3. The support referred to in paragraph 1 may only be granted where the fishing activities of the vessel or fisher concerned are stopped during at least 30 days in a given calendar year.
4. The support referred to in point (a) of paragraph 2 may only be granted where, based on scientific advice, a reduction of fishing effort is needed in order to achieve the objectives referred to in Article 2(2) and point (a) of Article 2(5) of Regulation (EU) No 1380/2013.
5. The support referred to in paragraph 1 may only be granted to:
(a)
owners or operators of Union fishing vessels which are registered as active and which have carried out fishing activities at sea for at least 120 days during the last two calendar years preceding the year of submission of the application for support;
(b)
fishers who have worked at sea on board a Union fishing vessel concerned by the temporary cessation for at least 120 days during the last two calendar years preceding the year of submission of the application for support; or
(c)
fishers on foot who have carried out fishing activities for at least 120 days during the last two calendar years preceding the year of submission of the application for support.
The reference to the number of days at sea in this paragraph shall not apply to eel fisheries.
6. The support referred to in paragraph 1 may be granted for a maximum duration of 12 months per vessel or per fisher during the programming period.
7. All fishing activities carried out by the vessels or fishers concerned shall be effectively suspended during the period concerned by the temporary cessation. The Member State concerned shall satisfy itself that the vessel or fisher concerned has ceased any fishing activities during the period concerned by the temporary cessation and that any overcompensation resulting from the use of the vessel for other purposes is avoided.
Control and enforcement
1. The EMFAF may support the development and implementation of a Union fisheries control system as provided for in Article 36 of Regulation (EU) No 1380/2013 and further specified in Regulations (EC) No 1224/2009 and (EC) No 1005/2008.
The support referred to in the first subparagraph shall contribute to the specific objective referred to in point (d) of Article 14(1).
2. By way of derogation from point (k) of Article 13, the support referred to in paragraph 1 of this Article may cover:
(a)
the purchase, installation and management on board of the necessary components for compulsory vessel tracking and electronic reporting systems used for control purposes;
(b)
the purchase, installation and management on board of the necessary components for compulsory remote electronic monitoring systems used for controlling the implementation of the landing obligation referred to in Article 15 of Regulation (EU) No 1380/2013;
(c)
the purchase, installation and management on board of devices for compulsory continuous measurement and recording of propulsive engine power.
3. The support referred to in paragraph 1 of this Article may also contribute to maritime surveillance as referred to in Article 33 and to the cooperation on coast guard functions as referred to in Article 34.
Collection, management, use and processing of data in the fisheries sector, and research and innovation programmes
1. The EMFAF may support the collection, management, use and processing of biological, environmental, technical and socio-economic data in the fisheries sector, as provided for in Article 25(1) and (2) of Regulation (EU) No 1380/2013 and further specified in Regulation (EU) 2017/1004, on the basis of the national work plans referred to in Article 6 of Regulation (EU) 2017/1004. The EMFAF may also support fisheries and aquaculture research and innovation programmes, as provided for in Article 27 of Regulation (EU) No 1380/2013.
2. The support referred to in paragraph 1 of this Article shall contribute to the specific objective referred to in point (d) of Article 14(1).
Promoting a level-playing field for fishery and aquaculture products from the outermost regions
1. The EMFAF may support compensation for additional costs incurred by operators in the fishing, farming, processing and marketing of certain fishery and aquaculture products from the outermost regions.
2. The support referred to in paragraph 1 of this Article shall contribute to the specific objective referred to in point (e) of Article 14(1).
3. Support under this Article may be granted only under the conditions set out in Article 36.
Protection and restoration of aquatic biodiversity and ecosystems
1. The EMFAF may support actions that contribute to the protection and restoration of aquatic biodiversity and ecosystems, including in inland waters.
The support referred to in the first subparagraph shall contribute to the specific objective referred to in point (f) of Article 14(1).
2. The support referred to in paragraph 1 may include, inter alia:
(a)
compensation to fishers for the passive collection of lost fishing gear and marine litter from the sea;
(b)
investments in ports or other infrastructure to provide adequate reception facilities for lost fishing gear and marine litter collected from the sea;
(c)
actions to achieve or maintain a good environmental status in the marine environment, as set out in Article 1(1) of Directive 2008/56/EC;
(d)
the implementation of spatial protection measures established pursuant to Article 13(4) of Directive 2008/56/EC;
(e)
the management, restoration, surveillance and monitoring of Natura 2000 areas, taking into account the prioritised action frameworks established pursuant to Article 8 of Directive 92/43/EEC;
(f)
the protection of species under Directives 92/43/EEC and 2009/147/EC, taking into account the prioritised action frameworks established pursuant to Article 8 of Directive 92/43/EEC;
(g)
the restoration of inland waters in accordance with the programme of measures established pursuant to Article 11 of Directive 2000/60/EC.
CHAPTER III — Priority 2: Fostering sustainable aquaculture activities and processing and marketing of fishery and aquaculture products, thus contributing to food security in the Union
Section 1 — Scope of support
Specific objectives
1. Support under this Chapter shall cover interventions that contribute to the achievement of the objectives of the CFP as set out in Article 2 of Regulation (EU) No 1380/2013, through the following specific objectives:
(a)
promoting sustainable aquaculture activities, especially strengthening the competitiveness of aquaculture production, while ensuring that the activities are environmentally sustainable in the long term;
(b)
promoting marketing, quality and added value of fishery and aquaculture products, as well as processing of those products.
2. By way of derogation from point (j) of Article 13, in case of exceptional events causing a significant disruption of markets, the support referred to in point (b) of paragraph 1 of this Article may cover:
(a)
compensation to operators of the fishery and aquaculture sector for their income foregone or additional costs; and
(b)
compensation to recognised producer organisations and associations of producer organisations which store fishery products listed in Annex II to Regulation (EU) No 1379/2013, provided that those products are stored in accordance with Articles 30 and 31 of that Regulation.
The support referred to in the first subparagraph may be eligible only if the Commission has established, by means of an implementing decision, the occurrence of an exceptional event. Expenditure shall be eligible only during the duration set out in that implementing decision.
3. In addition to the activities referred to in point (a) of paragraph 1 of this Article within the scope of Article 2 of Regulation (EU) No 1380/2013, support under that point may also cover interventions that contribute to aquaculture providing environmental services, as well as to ensuring animal health and welfare in aquaculture within the scope of Regulation (EU) 2016/429 of the European Parliament and of the Council ( 32 ) .
4. Support under point (b) of paragraph 1 of this Article may also contribute to the achievement of the objectives of common organisation of the markets in fishery and aquaculture products as provided for in Article 35 of Regulation (EU) No 1380/2013, including the production and marketing plans as described in Article 28 of Regulation (EU) No 1379/2013.
Section 2 — Specific conditions
Aquaculture
To achieve the specific objective referred to in point (a) of Article 26(1) of this Regulation as regards the promotion of aquaculture activities, support shall be consistent with the multiannual national strategic plans for the development of aquaculture referred to in Article 34(2) of Regulation (EU) No 1380/2013.
Processing of fishery and aquaculture products
To achieve the specific objective referred to in point (b) of Article 26(1) of this Regulation as regards the processing of fishery and aquaculture products, support to enterprises other than SMEs shall only be granted through the financial instruments provided for in Article 58 of Regulation (EU) 2021/1060 or through InvestEU, in accordance with Article 10 of Regulation (EU) 2021/523.
CHAPTER IV — Priority 3: Enabling a sustainable blue economy in coastal, island and inland areas, and fostering the development of fishing and aquaculture communities
Section 1 — Scope of support
Specific objective
Support under this Chapter shall cover interventions that contribute to enabling a sustainable blue economy in coastal, island and inland areas, and to fostering the sustainable development of fishing and aquaculture communities.
Section 2 — Specific conditions
Community-led local development
1. To achieve the specific objective referred to in Article 29 of this Regulation, support shall be implemented through the CLLD set out in Article 31 of Regulation (EU) 2021/1060.
2. For the purposes of this Article, the CLLD strategies referred to in Article 32 of Regulation (EU) 2021/1060 shall ensure that communities in fishing or aquaculture areas better exploit and benefit from the opportunities offered by the sustainable blue economy, capitalising on and strengthening environmental, cultural, social and human resources. Those CLLD strategies may range from those which focus on fisheries or aquaculture to broader strategies directed at the diversification of local communities.
CHAPTER V — Priority 4: Strengthening international ocean governance and enabling seas and oceans to be safe, secure, clean and sustainably managed
Section 1 — Scope of support
Specific objective
Support under this Chapter shall cover interventions that contribute to strengthening sustainable sea and ocean management through the promotion of marine knowledge, maritime surveillance or coast guard cooperation.
Section 2 — Specific conditions
Marine knowledge
Support granted to achieve the specific objective referred to in Article 31 of this Regulation through the promotion of marine knowledge shall contribute to actions aiming to collect, manage, analyse, process and use data to improve the knowledge on the state of the marine environment, with a view to:
(a)
fulfilling monitoring and site designation and management requirements under Directives 92/43/EEC and 2009/147/EC;
(b)
supporting maritime spatial planning under Directive 2014/89/EU of the European Parliament and of the Council ( 33 ) ; or
(c)
increasing data quality and sharing through the European marine observation and data network (EMODnet).
Maritime surveillance
1. To achieve the specific objective set out in Article 31 through the promotion of maritime surveillance, support shall be granted for actions contributing to the achievement of the objectives of the CISE.
2. The support for actions referred to in paragraph 1 of this Article may also contribute to the development and implementation of a Union fisheries control system under the conditions set out in Article 22.
Coast guard cooperation
1. Support granted to achieve the specific objective set out in Article 31 through the promotion of coast guard cooperation shall contribute to actions carried out by national authorities in the framework of the European cooperation on coast guard functions referred to in Article 69 of Regulation (EU) 2019/1896 of the European Parliament and of the Council ( 34 ) , Article 2b of Regulation (EC) No 1406/2002 of the European Parliament and of the Council ( 35 ) and Article 8 of Regulation (EU) 2019/473 of the European Parliament and of the Council ( 36 ) .
2. The support for actions referred to in paragraph 1 of this Article may also contribute to the development and implementation of a Union fisheries control system under the conditions set out in Article 22.
CHAPTER VI — Sustainable development of the outermost regions
Action plan for the outermost regions
In accordance with Article 8(3), Member States concerned shall prepare, as part of their programme, an action plan for each of their outermost regions, which shall set out:
(a)
a strategy for the sustainable exploitation of fisheries and the development of sustainable blue economy sectors;
(b)
a description of the main actions envisaged and the corresponding financial means, including:
(i)
the structural support to the fishery and aquaculture sector under this Title;
(ii)
compensation for additional costs referred to in Articles 24 and 36, including the methodology for its calculation;
(iii)
any other investment in the sustainable blue economy necessary to achieve a sustainable coastal development.
Compensation for additional costs for fishery and aquaculture products
1. To implement the compensation for additional costs incurred by operators in the fishing, farming, processing and marketing of certain fishery and aquaculture products from the outermost regions, as referred to in Article 24, each Member State concerned shall determine, in line with the criteria laid down in accordance with paragraph 6 of this Article, for each outermost region, the list of fishery and aquaculture products and the quantity of those products eligible for compensation.
2. When establishing the lists and the quantities referred to in paragraph 1, Member States shall take into account all relevant factors, in particular the need to ensure that the compensation is compatible with the rules of the CFP.
3. The compensation shall not be granted for fishery and aquaculture products:
(a)
caught by third country vessels, with the exception of fishing vessels which fly the flag of Venezuela and operate in Union waters, in accordance with Council Decision (EU) 2015/1565 ( 37 ) ;
(b)
caught by Union fishing vessels that are not registered in a port of one of the outermost regions;
(c)
imported from third countries.
4. Point (b) of paragraph 3 shall not apply if the existing capacity of the processing industry in the outermost region concerned exceeds the quantity of raw material supplied.
5. The compensation paid to the beneficiaries carrying out the activities referred to in paragraph 1 in the outermost regions or owning a vessel registered in a port of one of those regions and operating there shall, in order to avoid overcompensation, take into account:
(a)
for each fishery or aquaculture product or category of products, the additional costs resulting from the specific handicaps of the regions concerned; and
(b)
any other type of public intervention affecting the level of additional costs.
6. The Commission is empowered to adopt delegated acts, in accordance with Article 62, supplementing this Regulation by laying down the criteria for the calculation of the additional costs resulting from the specific handicaps of the regions concerned.
State aid for implementation of compensation for additional costs
Member States may grant additional financing for the implementation of the compensation referred to in Article 24. In such cases, Member States shall notify the Commission of the State aid, which the Commission may approve in accordance with this Regulation as part of that compensation. State aid thus notified shall be regarded as notified within the meaning of the first sentence of Article 108(3) TFEU.
Evaluation
When carrying out the mid-term evaluation referred to in Article 45 of Regulation (EU) 2021/1060, the Commission shall specifically examine the provisions of this Chapter, including those related to compensation of additional costs.
CHAPTER VII — Rules for implementation under shared management
Section 1 — Support from the EMFAF
Calculation of compensation
Compensation for additional costs or income foregone and other compensation provided under this Regulation shall be granted under any of the forms referred to in points (b) to (e) of Article 53(1) of Regulation (EU) 2021/1060.
Determination of co-financing rates
The maximum EMFAF co-financing rate per specific objective shall be 70 % of the eligible public expenditure, with the exception of the specific objective referred to in point (e) of Article 14(1), for which it shall be 100 %.
Intensity of public aid
1. Member States shall apply a maximum aid intensity rate of 50 % of the total eligible expenditure of the operation.
2. By way of derogation from paragraph 1, specific maximum aid intensity rates are set out in Annex III.
3. Where one operation falls under several of the rows 2 to 19 of Annex III, the highest maximum aid intensity rate shall apply.
4. Where one operation falls under one or several of the rows 2 to 19 of Annex III and at the same time under row 1 of that Annex, the maximum aid intensity rate referred to in row 1 shall apply.
Section 2 — Financial management
Interruption of the payment deadline
1. In accordance with Article 96(4) of Regulation (EU) 2021/1060, the Commission may interrupt the payment deadline for all or part of a payment application in the case of non-compliance by a Member State with the rules applicable under the CFP, if the non-compliance is liable to affect the expenditure contained in a payment application for which the interim payment is requested.
2. Prior to the interruption referred to in paragraph 1, the Commission shall inform the Member State concerned about the non-compliance and give it the opportunity to present observations within a reasonable period of time.
3. The interruption referred to in paragraph 1 shall be proportionate to the nature, gravity, duration and repetition of the non-compliance.
4. The Commission may adopt implementing acts to define the cases of non-compliance referred to in paragraph 1 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 63(2).
Suspension of payments
1. In accordance with Article 97(3) of Regulation (EU) 2021/1060, the Commission may adopt implementing acts suspending all or part of the interim payments under the programme in the case of serious non-compliance by a Member State with the rules applicable under the CFP, if the serious non-compliance is liable to affect the expenditure contained in a payment application for which the interim payment is requested.
2. Prior to the suspension referred to in paragraph 1, the Commission shall inform the Member State concerned that the Commission considers that there is a case of serious non-compliance by that Member State with the rules applicable under the CFP and give it opportunity to present observations within a reasonable period of time.
3. The suspension referred to in paragraph 1 shall be proportionate to the nature, gravity, duration and repetition of the serious non-compliance.
4. The Commission may adopt implementing acts to define the cases of serious non-compliance referred to in paragraph 1 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 63(2).
Financial corrections by Member States
In the cases of the financial corrections referred to in Article 11(2),, Member States shall determine the amount of the correction, which shall be proportionate to the nature, gravity, duration and repetition of the serious infringements or offences by the beneficiary concerned and the importance of the EMFAF contribution to the economic activity of that beneficiary.
Financial corrections by the Commission
1. In accordance with Article 104(5) of Regulation (EU) 2021/1060, the Commission may adopt implementing acts making financial corrections by cancelling all or part of the Union contribution to the programme if, after carrying out the necessary examination, it concludes that:
(a)
expenditure contained in a payment application is affected by cases where any of the situations referred to in Article 11(2) of this Regulation has occurred and has not been corrected by the Member State concerned prior to the opening of the correction procedure under this paragraph;
(b)
expenditure contained in a payment application is affected by cases of serious non-compliance with the rules of the CFP by the Member State which have resulted in the suspension of payment under Article 43 of this Regulation and the Member State concerned still fails to demonstrate that it has taken the necessary remedial action to ensure compliance with, and the enforcement of, applicable rules of the CFP in the future.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 63(2) of this Regulation.
2. The Commission shall decide on the amount of the correction taking into account the nature, gravity, duration and repetition of the serious non-compliance with the rules of the CFP by the Member State or beneficiary concerned and the importance of the EMFAF contribution to the economic activity of the beneficiary concerned.
3. Where it is not possible to quantify precisely the amount of expenditure linked to serious non-compliance with the rules of the CFP by the Member State, the Commission shall apply a flat rate or extrapolated financial correction in accordance with paragraph 4.
4. The Commission may adopt implementing acts to determine the criteria for establishing the level of financial correction to be applied and the criteria for applying flat rates or extrapolated financial corrections. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 63(2).
Section 3 — Monitoring and reporting
Monitoring and evaluation framework
1. Common output and result indicators for the EMFAF, as set out in Annex I to this Regulation, and, where necessary, programme-specific indicators, shall be used in accordance with point (a) of the second subparagraph of Article 16(1), point (d)(ii) of Article 22(3) and point (b) of Article 42(2) of Regulation (EU) 2021/1060.
2. In compliance with its reporting requirement pursuant to paragraph (iii) of point (h) of Article 41(3) of the Financial Regulation, the Commission shall report to the European Parliament and the Council on the performance of the EMFAF. In that report, the Commission shall use the core performance indicators set out in Annex I to this Regulation.
3. In addition to the general rules set out in Article 42 of Regulation (EU) 2021/1060, the managing authority shall provide the Commission with relevant operation-level implementation data, which shall include key characteristics of the beneficiary (name, type of beneficiary, size of enterprise, gender and contact details) and of the operation supported (specific objective, type of operation, sector concerned, values of indicators, state of progress of the operation, common fleet register number, financial data and form of support). The data shall be provided by 31 January and 31 July of each year. The first transmission of those data shall be due by 31 January 2022 and the last one by 31 January 2030.
4. The Commission shall adopt implementing acts laying down rules further specifying the exact data referred to in paragraph 3 of this Article and its presentation. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 63(2).
5. The Commission is empowered to adopt delegated acts, in accordance with Article 62, to amend Annex I by adding the core performance indicators in order to adapt to changes occurring during the programming period.
Reporting of the results of the funded operation
1. The beneficiaries shall report the value of relevant result indicators after the completion of the operation and no later than the final payment application. The managing authority shall review the plausibility of the value of result indicators reported by the beneficiary in parallel with the final payment.
2. Member States may postpone the timelines established in paragraph 1.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
