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.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
