Inadmissibility of applications submitted by operators who have committed or are held liable for serious infringements under Article 42(1) of Regulation (EC) No 1005/2008 or Article 90(1) of Regulation (EC) No 1224/2009
1. An application for support submitted by an operator shall be inadmissible for a period of time established pursuant to Annex I where the competent authority has determined in a decision that the operator submitting the application has committed or is held liable for serious infringements under Article 42(1) of Regulation (EC) No 1005/2008 or Article 90(1) of Regulation (EC) No 1224/2009.
2. For the purpose of triggering inadmissibility and calculating the duration of the inadmissibility period, only serious infringements committed as from 1 January 2013 and for which a decision was taken within the meaning of paragraph 1, shall be taken into account.
3. Notwithstanding paragraph 2, for the purposes of paragraph 1 only serious infringements whose points have not been deleted pursuant to Article 92(4) of Regulation (EC) No 1224/2009 shall be taken into account.
4. The starting date of the inadmissibility period shall be the date of the decision taken by the competent authority within the meaning of paragraph 1.
Inadmissibility of applications submitted by operators whose vessel is included in the Union IUU vessel list or whose vessel is flagged to a non-cooperating third country
1. An application for support submitted by an operator shall be inadmissible for a period of time established pursuant to Annex II if the competent authority has determined in a decision that:
(a)
that operator 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 27 of Regulation (EC) No 1005/2008; or
(b)
that operator has been involved in the operation, management or ownership of a vessel flagged to a country included in the list of non-cooperating third countries provided for in Article 33 of Regulation (EC) No 1005/2008.
2. The starting date of the inadmissibility period shall be the date of the decision taken by the competent authority within the meaning of paragraph 1.
Inadmissibility of applications submitted by operators in the aquaculture sector who have committed or are held liable for environmental offences
1. If a competent authority has determined in a decision that an operator has committed or is held liable for one of the offences set out in Article 3 and Article 4 of Directive 2008/99/EC ( 6 ) of the European Parliament and of the Council, applications for support from the EMFAF made by that operator pursuant to Article 27 of Regulation (EU) 2021/1139 shall be inadmissible pursuant to Annex III.
2. The starting date of the inadmissibility period shall be the date of the decision by a competent authority determining that an offence set out in Article 3 or Article 4 of Directive 2008/99/EC was committed.
3. For the purposes of triggering inadmissibility and calculating the duration of the inadmissibility period, only offences committed as from 1 January 2013 and for which a decision was adopted within the meaning of paragraph 1 shall be taken into account.
Inadmissibility of applications submitted by operators who have committed or are held liable for fraud in the context of the EMFF or the EMFAF
1. If a competent authority determines that an operator committed or is held liable for fraud in the context of the European Maritime and Fisheries Fund (EMFF) or EMFAF, all applications for EMFAF support submitted by that operator shall be inadmissible pursuant to Annex IV.
2. The inadmissibility period shall start from the date of the final decision determining the commission of a fraud as defined in Article 3 of Directive (EU) 2017/1371 of the European Parliament and of the Council ( 7 ) .
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
