General conditions
The aid under this Section shall fulfil all the following general conditions:
(a)
where aid is granted in respect of a Union fishing vessel, that vessel shall not be transferred or reflagged outside the Union during at least the five years from the final payment for the supported operation. If a vessel is transferred or reflagged within that time-frame, sums unduly paid in respect of the operation shall be recovered by the Member State, in an amount proportionate to the period during which the condition set out in the first sentence of this point has not been fulfilled;
(b)
operating costs shall not be eligible unless expressly otherwise provided for in this Section.
Aid for innovation in fisheries
1. Aid for innovation in fisheries fulfilling the conditions laid down in Chapter I of this Regulation shall be compatible with the internal market within the meaning of Article 107(3), point (c), TFEU and shall be exempted from the notification requirement of Article 108(3) thereof provided that the aid aims to develop or introduce new or substantially improved products and equipment, new or improved processes and techniques, and new or improved management and organisation systems, including at the level of processing and marketing.
2. Subsidised services financed by the aid shall be carried out by, or in collaboration with, a scientific or technical body, recognised by the Member State or the Union. That scientific or technical body shall validate the results of such operations. The aid shall be paid directly to the research and/or knowledge-dissemination organisation.
3. The results of operations receiving support shall be adequately publicised by the Member State.
4. The eligible costs may be the following:
(a)
direct personnel costs related to researchers, technicians and other supporting staff to the extent employed on the project;
(b)
costs of instruments and equipment to the extent and for the period used for the operations; where such instruments and equipment are not used for their full life for the operations, only the depreciation costs corresponding to the life of the operations, as calculated on the basis of generally accepted accounting principles are considered as eligible;
(c)
costs of buildings and land, to the extent and for the duration period used for the operations and under the following conditions:
(i)
with regard to buildings, only the depreciation costs corresponding to the life of the operation, as calculated on the basis of generally accepted accounting principles, are considered as eligible;
(ii)
with regard to land, costs of commercial transfer or actually incurred capital costs are eligible;
(d)
costs of contractual research, knowledge and patents bought or licensed from outside sources at arm’s length conditions, as well as costs of consultancy and equivalent services used exclusively for the operations; or
(e)
additional overheads and other operating expenses, including costs of materials, supplies and similar products, incurred directly as a result of the operations.
5. The amount of the aid under this Article shall not exceed, in gross grant equivalent, a maximum aid intensity rate of 50 % of the eligible costs. Specific maximum aid intensity rates shall be as set out in Annex IV. Where one operation falls under several of the rows 1 to 11 of Annex IV, the highest maximum aid intensity rate shall apply.
Aid for advisory services
1. Aid for advisory services fulfilling the conditions laid down in Chapter I of this Regulation shall be compatible with the internal market within the meaning of Article 107(3), point (c), TFEU and shall be exempted from the notification requirement of Article 108(3) thereof provided that:
(a)
the aid improves the overall performance and competitiveness of undertakings and promotes sustainable fisheries;
(b)
the aid shall be accessible to all eligible undertakings in the area concerned, based on objectively defined conditions; and
(c)
the advisory service takes on one of the following forms:
(i)
feasibility studies and advisory services that assess the viability of measures potentially eligible for support under of Title II, Chapter II of Regulation (EU) 2021/1139;
(ii)
the provision of professional advice on environmental sustainability, with a focus on limiting and, where possible, eliminating the negative impact of fishing activities on marine, coastal, terrestrial and freshwater ecosystems;
(iii)
the provision of professional advice on business and marketing strategies.
2. The feasibility studies, advisory services and advice referred to in paragraph 1, point (b), shall be provided by scientific, academic, professional or technical bodies, or entities providing economic advice that have the competence required under national law.
3. The aid shall take the form of a subsidised service or direct grant.
4. The amount of the aid granted under this Article shall not exceed, in gross grant equivalent, a maximum aid intensity rate of 50 % of the eligible costs. Specific maximum aid intensity rates shall be as set out in Annex IV. Where one operation falls under several of the rows 1 to 11 of Annex IV, the highest maximum aid intensity rate shall apply.
Aid for partnership between scientists and fishers
1. Aid for partnership between scientists and fishers fulfilling the conditions laid down in Chapter I of this Regulation shall be compatible with the internal market within the meaning of Article 107(3), point (c), TFEU and shall be exempted from the notification requirement of Article 108(3) thereof provided that:
(a)
the aid aims to foster the transfer of knowledge between scientists and fishers;
(b)
the aid supports the following:
(i)
the creation of networks, partnership agreements or associations between one or more independent scientific bodies and fishers, or one or more organisations of fishers, in which technical bodies may participate;
(ii)
the activities carried out in the framework of the networks, partnership agreements, or associations referred to in point (i). These activities may cover data collection and management activities, studies, pilot projects, dissemination of knowledge and research results, seminars and best practices.
2. The aid shall take the form of a subsidised service or direct grant.
3. The aid may only cover the following eligible costs incurred directly as a result of the supported project:
(a)
direct salary costs
(b)
participation fees;
(c)
travel costs;
(d)
costs of publications;
(e)
purchased data collection services, studies, pilot projects;
(f)
the rent of exhibition premises and stands and the costs of their installation and dismantling;
(g)
costs for the dissemination of scientific knowledge and factual information.
4. The amount of the aid granted under this Article shall not exceed, in gross grant equivalent, a maximum aid intensity rate of 50 % of the eligible costs. Specific maximum aid intensity rates shall be as set out in Annex IV. Where one operation falls under several of the rows 1 to 11 of Annex IV, the highest maximum aid intensity rate shall apply.
Aid to promote human capital and social dialogue
1. Aid to promote human capital and social dialogue fulfilling the conditions laid down in Chapter I of this Regulation shall be compatible with the internal market within the meaning of Article 107(3), point (c), TFEU and shall be exempted from the notification requirement of Article 108(3) thereof provided that the aid concerned supports the following:
(a)
professional training, lifelong learning, joint projects, the dissemination of knowledge of an economic, technical, regulatory or scientific nature and of innovative practices, and the acquisition of new professional skills, in particular linked to the sustainable management of marine ecosystems, hygiene, health, safety, activities in the maritime sector, innovation and entrepreneurship;
(b)
networking and exchange of experiences and best practices between stakeholders, including among organisations promoting equal opportunities between men and women, promoting the role of women in fishing communities and promoting under-represented groups involved in small-scale coastal fishing or in on-foot fishing; or
(c)
social dialogue at Union, national, regional or local level involving fishers, social partners and other relevant stakeholders.
2. The aid to support activities listed in paragraph 1 may also be granted to spouses of self-employed fishers or, where and in so far as recognised by national law, the life partners of self-employed fishers, not being employees or business partners, where they habitually, under the conditions laid down by national law, participate in the activities of the self-employed fisher and perform the same or ancillary tasks.
3. The amount of aid granted under this Article shall not exceed, in gross grant equivalent, a maximum aid intensity rate of 50 % of the eligible costs, except in the case of professional navigation training and safety training where the maximum aid intensity rate of 100 % applies. Specific maximum aid intensity rates shall be as set out in Annex IV. Where one operation falls under several of the rows 1 to 11 of Annex IV, the highest maximum aid intensity rate shall apply.
Aid to facilitate diversification and new forms of income
1. Aid to facilitate diversification and new forms of income fulfilling the conditions laid down in Chapter I of this Regulation shall be compatible with the internal market within the meaning of Article 107(3), point (c), TFEU and shall be exempted from the notification requirement of Article 108(3) thereof provided that:
(a)
the aid aims to support investments contributing to the diversification of the income of fishers through the development of complementary activities, including investments on board, angling tourism, restaurants, environmental services related to fishing and educational activities concerning fishing;
(b)
the aid supports fishers who:
(i)
submit a business plan for the development of their new activities; and
(ii)
possess adequate professional skills or acquire it through operations which may be financed under Article 18(1), point (a).
2. The aid referred to in paragraph 1, point (a), shall only be granted if the complementary activities relate to the fisher’s core fishing business.
3. The amount of the aid granted under this Article shall not exceed 50 % of the budget foreseen in the business plan for each operation, and shall not exceed a maximum amount of EUR 75 000 for each beneficiary undertaking.
Aid to first acquisition of a fishing vessel
1. Aid to the first acquisition of a fishing vessel or the first acquisition of partial ownership fulfilling the conditions laid down in Chapter I of this Regulation shall be compatible with the internal market within the meaning of Article 107(3), point (c), TFEU and shall be exempted from the notification requirement of Article 108(3) thereof provided that:
(a)
the aid contributes to strengthening economically, socially and environmentally sustainable fishing activities and the beneficiary undertaking has provided verifiable information and a business plan that attests to this; and
(b)
the aid supports first acquisition of a fishing vessel by a natural person who is no more than 40 years of age at the date of submission of the application for aid and has worked at least five years as a fisher or has acquired adequate qualifications.
2. Aid 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 1.
3. Aid 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 1.
4. Support under this Article may also be granted for the first acquisition of partial ownership of a fishing vessel by a natural person who fulfils the conditions set out in paragraph 1 and who shall be deemed to have controlling rights on that vessel through ownership of at least of 33 % of the fishing vessel or of the shares in the fishing vessel or by a legal entity which fulfils the conditions set out in paragraph 2 and which shall be deemed to have controlling rights on that vessel through ownership of at least of 33 % of the fishing vessel or of the shares in the fishing vessel.
5. Aid shall be granted only in respect of a fishing vessel which complies with all the following requirements:
(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 aid 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 aid.
6. The amount of the aid granted under this Article shall not exceed, in gross grant equivalent, a maximum aid intensity rate of 40 % of the eligible costs and shall in any event not be higher than EUR 75 000 per fisher and fishing vessel.
Aid to improve health, safety and working conditions for fishers
1. Aid to improve health, safety and working conditions for fishers fulfilling the conditions laid down in Chapter I of this Regulation shall be compatible with the internal market within the meaning of Article 107(3), point (c), TFEU and shall be exempted from the notification requirement of Article 108(3) thereof provided that:
(a)
the aid is granted only in respect of investments on board or in individual equipment and those go beyond the requirements under Union or national law; and
(b)
the aid does not support operations that increase the gross tonnage of a fishing vessel.
2. For operations that are aimed at improving safety for fishers, the purchase and, if applicable, the installation of the following items are eligible for support:
(a)
life rafts;
(b)
hydrostatic release units for life-rafts;
(c)
personal locator beacons such as Emergency Position Indicating Radio Beacon (‘EPIRB’) devices, which may be integrated into lifejackets and working clothes of fishers;
(d)
Personal Flotation Devices (‘PFD’), in particular immersion or survival suits, life buoys and jackets;
(e)
distress flares;
(f)
line-throwing appliances;
(g)
man-overboard (‘MOB’) recovery systems;
(h)
fire-fighting apparatus, such as fire extinguishers, fire blankets, fire and smoke detectors, breathing apparatus;
(i)
fire protection doors;
(j)
fuel tank shut-off valves;
(k)
gas detectors and gas alarm systems;
(l)
bilge pumps and alarms;
(m)
equipment for radio and satellite communications;
(n)
watertight hatches and doors;
(o)
guards on machinery, such as winches or net drums;
(p)
gangways and access ladders;
(q)
search, deck or emergency lighting;
(r)
safety release mechanism for cases where fishing gear catches an underwater obstruction;
(s)
safety cameras and monitors;
(t)
equipment and elements necessary to improve deck safety.
3. For operations or the provision of equipment that are aimed at the improvement of the health conditions for fishers, the following actions are eligible for support:
(a)
the purchase and installation of first aid kits;
(b)
the purchase of medicines and devices for urgent treatment;
(c)
the provision of telemedicine including e-technologies, equipment and medical imagery applied to distance consultation from the vessels;
(d)
the provision of guides and manuals to improve health;
(e)
information campaigns to improve health.
4. For operations or the provision of equipment that are aimed at the improvement of hygiene conditions for fishers, the purchase and, if applicable, the installation of the following items are eligible for support:
(a)
sanitary facilities, such as toilet and washing facilities;
(b)
kitchen facilities and equipment for food supplies storage;
(c)
water purification devices for potable water;
(d)
ventilation, cleaning or disinfection equipment or systems to maintain on board adequate sanitary conditions;
(e)
guides and manuals on the improvement of hygiene on board, including software tools.
5. For operations or the provision of equipment that are aimed at the improvement of working conditions on board fishing vessels, the purchase and, if applicable, the installation of the following items are eligible for support:
(a)
deck railings;
(b)
shelter deck structures and the modernisation of cabins with a view to providing protection from adverse climatic events which can be assimilated to a natural disaster;
(c)
items relating to the improvement of cabin safety and to the provision of common areas for the crew;
(d)
equipment to reduce heavy manual lifting, excluding machines directly related to the fishing operations such as winches;
(e)
anti-slipping paint and rubber mats;
(f)
insulation equipment against noise, heat or cold, and equipment to improve ventilation;
(g)
working clothes and safety equipment such as waterproof safety boots, eyes and breathing protection, protective gloves and helmets, or protective equipment against falls;
(h)
emergency and safety warning signs;
(i)
risk analysis and assessments to identify the risks for fishers both in port or in navigation in order to take measures to prevent or reduce risks;
(j)
guides and manuals on the improvement of working conditions on board;
(k)
collective vehicles for transport from shellfish zones to first sale places;
(l)
on-shore facilities for fishermen on foot that improve working conditions, such as changing rooms, bathrooms, and other sanitary facilities, in particular those that encourage and promote women’s entry into the labour market.
6. The aid shall be granted to fishers, including when applicable fisher on foot, or owners of fishing vessels.
7. Where the operation consists of an investment on board, the aid shall not be granted more than once during the period between 1 January 2023 and 31 December 2029 for the same type of investment and for the same fishing vessel. Where the operation consists of an investment in individual equipment, the aid shall not be granted more than once during the period between 1 January 2023 and 31 December 2029 for the same type of equipment and for the same beneficiary undertaking.
8. The amount of the aid granted under this Article shall not exceed, in gross grant equivalent, a maximum aid intensity rate of 50 % of the eligible costs. Specific maximum aid intensity rates shall be as set out in Annex IV. Where one operation falls under several of the rows 1 to 11 of Annex IV, the highest maximum aid intensity rate shall apply.
Aid for the payment of insurance premiums and for financial contributions to mutual funds
1. Aid for the payment of insurance premiums and for financial contributions to mutual funds fulfilling the conditions laid down in Chapter I of this Regulation shall be compatible with the internal market within the meaning of Article 107(3), point (c), TFEU and shall be exempted from the notification requirement of Article 108(3) thereof provided that:
(a)
the aid aims to contribute to premiums for insurances or mutual funds or which pay financial compensation to fishers for economic losses caused by behaviour of the protected animals, public health crises, adverse climatic events which can be assimilated to a natural disaster or by environmental incidents or for the rescue costs for fishers or fishing vessels in the case of accidents at sea during their fishing activities;
(b)
the combination of financial compensation paid by mutual funds under this Article with other Union or national instruments or insurance schemes does not lead to overcompensation exceeding the economic loss incurred;
(c)
the insurance does not require or specify the type or quantity of future production and the aid is not limited to insurance provided by a specific insurance company or group of companies; and
(d)
the mutual fund is accredited by the competent authority of a Member State in accordance with national laws.
2. For the purposes of this Article:
(a)
public health crises, adverse climatic events which can be assimilated to a natural disaster, environmental incidents or accidents at sea referred to in paragraph 1, point (a), shall be those that are formally recognised by the competent authority of the Member State as having occurred;
(b)
the term ‘mutual fund’ means a scheme accredited by the Member State, in accordance with its national law, which enables affiliated fishers to insure themselves, whereby compensation payments are made to affiliated fishers for economic losses caused by the events listed in paragraph 1, point (a). The mutual fund shall have a transparent policy towards payments into and withdrawals from the fund and have clear rules attributing responsibilities for any debts incurred.
3. The maximum aid intensity shall be limited to:
(a)
50 % of the amounts paid by the mutual fund as financial compensation to fishers;
(b)
100 % of the administrative costs of setting up the mutual fund;
(c)
70 % of the costs of the insurance premium;
(d)
50 % of the initial capitalisation of the fund.
4. The contributions referred to in paragraph 1, point (a), shall only be granted to cover losses caused by public health crises, adverse climatic events which can be assimilated to a natural disaster, environmental incidents or accidents at sea.
Aid to support systems of allocation of fishing opportunities
1. Aid to support systems of allocation of fishing opportunities fulfilling the conditions laid down in Chapter I of this Regulation shall be compatible with the internal market within the meaning of Article 107(3), point (c), TFEU and shall be exempted from the notification requirement of Article 108(3) thereof provided that:
(a)
the aid aims to support the design, development, monitoring, evaluation and management of the systems for allocating the fishing opportunities between Member States, in accordance with Article 16(8) of Regulation (EU) No 1380/2013, in order to adapt the fishing activities to the fishing opportunities; and
(b)
the aid shall be granted to legal or natural persons or organisations of fishers recognised by the Member State, including recognised producer organisations involved in the collective management of the systems allocating the fishing opportunities.
2. The aid shall take the form of a subsidised service or direct grant.
3. The aid may only cover the following eligible costs:
(a)
direct salary costs
(b)
purchase or lease of tangible or intangible assets up to the market value of the asset
(c)
costs of publications; or
(d)
purchase of design and development services or studies.
4. The amount of the aid granted under this Article shall not exceed, in gross grant equivalent, a maximum aid intensity rate of 100 % of the eligible costs.
Aid to limit the impact of fishing on the environment and adapt fishing to the protection of species
1. Aid to limit the impact of fishing on the environment and adapt fishing to the protection of species fulfilling the conditions laid down in Chapter I of this Regulation shall be compatible with the internal market within the meaning of Article 107(3), point (c), TFEU and shall be exempted from the notification requirement of Article 108(3) thereof provided that: the aid aims to reduce the impact of fishing on the marine environment, at fostering the gradual elimination of discards and at facilitating the transition to a sustainable exploitation of living marine biological resources in accordance with Article 2(2) of Regulation (EU) No 1380/2013.
2. The aid shall support the following:
(a)
investments in equipment improving size selectivity or species selectivity of fishing gear;
(b)
investments on board or in equipment that eliminates discards by avoiding and reducing unwanted catches of commercial stocks, or that deals with unwanted catches to be landed in accordance with Article 15 of Regulation (EU) No 1380/2013;
(c)
investments in equipment that limits and, where possible, eliminates the physical and biological impacts of fishing on the ecosystem or the sea bed; or
(d)
investments in equipment that protects fishing gear and catches from mammals and birds protected by Council Directive 92/43/EEC ( 25 ) or Directive 2009/147/EC of the European Parliament and of the Council ( 26 ) , provided that it does not undermine the selectivity of the fishing gear and that all appropriate measures are introduced to avoid physical damage to the predators.
3. The aid shall not be granted more than once during the period between 1 January 2023 and 31 December 2029 for the same type of equipment on the same Union fishing vessel.
4. The aid shall only be granted where the fishing gear or other equipment referred to in paragraph 2 of this Article has a demonstrably better size-selection or a demonstrably lower impact on the ecosystem and on non-target species than the standard gear or other equipment permitted under Union law, or under relevant national law adopted in the context of regionalisation as provided for in Regulation (EU) No 1380/2013.
5. The aid shall be granted to:
(a)
owners of Union fishing vessels which are registered as active vessels and which have carried out fishing activities at sea of at least 60 days during the two calendar years preceding the date of submission of the application for aid;
(b)
fishers who own the gear to be replaced and who have worked on board of a Union fishing vessel for at least 60 days during the two calendar years preceding the date of submission of the application for aid;
(c)
organisations of fishers recognised by the Member State.
6. The amount of the aid granted under this Article shall not exceed, in gross grant equivalent, a maximum aid intensity rate of 100 % of the eligible costs.
Aid for innovation linked to the conservation of marine biological resources
1. Aid for innovation linked to the conservation of marine biological resources fulfilling the conditions laid down in Chapter I of this Regulation shall be compatible with the internal market within the meaning of Article 107(3), point (c), TFEU and shall be exempted from the notification requirement of Article 108(3) thereof provided that:
(a)
the aid aims to contribute to the gradual elimination of discards and by-catches and to facilitate the transition to exploitation of living marine biological resources in accordance with Article 2(2) of Regulation (EU) No 1380/2013 and to reduce the impact of fishing on the marine environment and protected animals;
(b)
the aid supports operations aimed at developing or introducing new technical or organisational knowledge that reduces the impact of fishing activities on the environment, including improved fishing techniques and gear selectivity, or aimed at achieving a more sustainable use of marine biological resources and coexistence with protected animals;
(c)
the supported operations shall be carried out by, or in collaboration with, a scientific or technical body, recognised by the Member State, which shall validate the results of such operations; and
(d)
the results of supported operations are adequately publicised by the Member State.
2. The aid shall take the form of a subsidised services.
3. Fishing vessels involved in projects financed under this Article shall not exceed 5 % of the number of fishing vessels of the national fleet or 5 % of the national fleet tonnage in gross tonnage, calculated at the time of adoption of the support instrument.
4. The eligible costs may only be the following:
(a)
direct personnel costs related to researchers, technicians and other supporting staff to the extent employed on the project;
(b)
costs of instruments and equipment to the extent and for the period used for the project; where such instruments and equipment are not used for their full life for the project, only the depreciation costs corresponding to the life of the project, as calculated on the basis of generally accepted accounting principles are considered as eligible;
(c)
costs of buildings and land, to the extent and for the duration period used for the project and under the following conditions:
(i)
with regard to buildings, only the depreciation costs corresponding to the life of the project, as calculated on the basis of generally accepted accounting principles, are considered as eligible;
(ii)
with regard to land, only costs of commercial transfer or actually incurred capital costs are eligible;
(d)
costs of contractual research, knowledge and patents bought or licensed from outside sources at arm’s length conditions, as well as costs of consultancy and equivalent services used exclusively for the project; or
(e)
additional overheads and other operating expenses, including costs of materials, supplies and similar products, incurred directly as a result of the project.
5. The amount of the aid granted under this Article shall not exceed, in gross grant equivalent, a maximum aid intensity rate of 50 % of the eligible costs. Specific maximum aid intensity rates shall be as set out in Annex IV. Where one operation falls under several of the rows 1 to 11 of Annex IV, the highest maximum aid intensity rate shall apply.
Aid for the protection and restoration of marine biodiversity and ecosystems and regimes in the framework of sustainable fishing activities
1. Aid for the protection and restoration of marine biodiversity and ecosystems and regimes in the framework of sustainable fishing activities fulfilling the conditions laid down in Chapter I of this Regulation shall be compatible with the internal market within the meaning of Article 107(3), point (c), TFEU and shall be exempted from the notification requirement of Article 108(3) thereof.
2. The aid under this Article shall support the following operations:
(a)
the collection of waste by the fisher from the sea such as the passive collection of lost fishing gear and marine litter; only the following actions are eligible for support:
(i)
the removal of lost fishing gear from the sea, in particular in order to combat ghost fishing;
(ii)
the purchase and, if applicable, the installation of equipment on board for the collection and storage of litter;
(iii)
the creation of schemes of waste collection for participating fishers, including financial incentives;
(iv)
the purchase and, if applicable, the installation of equipment based in fishing port facilities for the storage and recycling of litter;
(v)
communication, information, awareness raising campaigns, to encourage fishers and other stakeholders to participate in projects to remove lost fishing gear; or
(vi)
training for fishers and port agents;
(b)
the construction, installation or modernisation of static or movable facilities intended to protect and enhance marine fauna and flora, including their scientific preparation and evaluation; only the following actions are eligible for support:
(i)
the purchase and, if applicable, the installation of facilities to protect marine areas from trawling;
(ii)
the purchase and, if applicable, the installation of facilities to restore degraded marine ecosystems; or
(iii)
costs relating to preliminary work such as prospecting, scientific studies or evaluations.
Acquisition of a vessel to be submerged and used as an artificial reef shall not be eligible;
(c)
contributions to a better management or conservation of marine biological resources by installing the following items or taking the following actions and projects:
(i)
circular hooks;
(ii)
acoustic deterrent devices;
(iii)
turtle excluder devices (‘TEDs’);
(iv)
streamer lines;
(v)
other tools or devices proven efficient in preventing accidental catches of protected animals;
(vi)
training for fishers on better management or conservation of marine biological resources;
(vii)
projects focussing on coastal habitats of importance for fish, birds and other organisms;
(viii)
projects focusing on areas of importance for fish reproduction, such as coastal wetlands; or
(ix)
replacement of existing fishing gear with low impact fishing gear, costs related to fish pots and traps, jigging and hand-lining;
(d)
the participation in other actions aimed at maintaining and enhancing biodiversity and ecosystem services, such as the restoration of specific marine and coastal habitats in support of sustainable fish stocks, including their scientific preparation and evaluation; costs related to the following actions are eligible for support:
(i)
schemes to test novel monitoring techniques, and in particular:
—
remote electronic monitoring systems, such as closed-circuit television (‘CCTV’) or video-control systems, for the monitoring and recording of incidental catches of protected animals,
—
the recording of oceanographic data such as temperature, salinity, plankton, algae blooms or turbidity,
—
the mapping of invasive alien species (‘IAS’),
—
actions, including studies, to prevent and control the expansion of IAS;
(ii)
financial incentives for the installation on board of automatic recording devices for monitoring and recording oceanographic data such as temperature, salinity, plankton, algae blooms or turbidity;
(iii)
measures reducing physical and chemical pollution;
(iv)
measures reducing other physical pressures, including anthropogenic underwater noise that negatively affect biodiversity;
(v)
positive conservation measures to protect and conserve flora and fauna, including the reintroduction of or stocking with native species, and applying Green Infrastructure principles referred to in the Commission Communication on Green Infrastructure ( 27 ) ; or
(vi)
measures to prevent, control or eliminate IAS.
3. Support under paragraph 2, point (d), shall be subject to the formal recognition of such schemes or measures by the competent authorities of the Member States. Member States shall also ensure that no overcompensation occurs as a result of the combination of Union, national and private schemes.
4. The amount of the aid granted under this Article shall not exceed, in gross grant equivalent, a maximum aid intensity rate of 100 % of the eligible costs.
Aid to improve energy efficiency and to mitigate the effects of climate change
1. Aid to improve energy efficiency and to mitigate the effects of climate change, with the exception of aid to replace or modernise engines, fulfilling the conditions laid down in Chapter I of this Regulation shall be compatible with the internal market within the meaning of Article 107(3), point (c), TFEU and shall be exempted from the notification requirement of Article 108(3) thereof.
2. The aid granted under this Article may only cover the following measures:
(a)
investments in equipment or on board aimed at reducing the emission of pollutants or greenhouse gases and increasing the energy efficiency of fishing vessels. Investments in fishing gear are also eligible provided that they do not undermine the selectivity of that fishing gear;
(b)
energy efficiency audits and schemes; or
(c)
studies to assess the contribution of alternative propulsion systems and hull designs to the energy efficiency of fishing vessels.
3. Aid under paragraph 2 shall only be granted to owners of fishing vessels and shall not be granted more than once for the same type of investment during the period between 1 January 2023 and 31 December 2029 for the same fishing vessel.
4. The eligible costs are the direct additional costs incurred as a result of operations concerned. For the purposes of point (a) in paragraph 2, eligible costs related to:
(i)
measures that are aimed at improving the hydrodynamics of the hull of the vessel may only cover:
—
investments on stability mechanisms such as bilge keels and bulbous bows that contribute to improving sea-keeping and stability,
—
costs related to the use of non-toxic antifouling such as copper coating in order to reduce friction,
—
costs relative to the steering gear, such as steering gear control systems and multiple rudders to reduce rudder activity depending on weather and sea-state conditions, or
—
tank testing in order to provide a basis for improving hydrodynamics;
(ii)
measures that are aimed at improving the propulsion system of the vessel may only cover costs related to the purchase and, if necessary, the installation of the following items:
—
energy efficient propellers including drive shafts,
—
catalysers,
—
energy efficient generators such as those using hydrogen, or natural gas,
—
renewable energy propulsion elements such as sails, kites, windmills, turbines, or solar panels,
—
bow thrusters,
—
econometers, fuel management systems and monitoring systems, or
—
investments in nozzles that improve the propulsion system;
(iii)
investments in fishing gear and fishing equipment may only cover costs relating to the following measures:
—
change from towed gear to alternative gear,
—
towed gear modifications, or
—
investments in towed gear monitoring equipment;
(iv)
investments that are aimed at the reduction of electricity or thermal energy may only cover:
—
investments to improve the refrigeration, freezing, or insulation systems for vessels, or
—
investments to encourage the recycling of heat within the vessel involving the heat being recovered and reused for other auxiliary operations within the vessel.
Costs relating to basic hull maintenance shall not be eligible for aid under point (a) in paragraph 2.
5. The amount of the aid granted under this Article shall not exceed, in gross grant equivalent, a maximum aid intensity rate of 50 % of the eligible costs. Specific maximum aid intensity rates shall be as set out in Annex IV. Where one operation falls under several of the rows 1 to 11 of Annex IV, the highest maximum aid intensity rate shall apply.
Aid for added value, product quality and use of unwanted catches
1. Aid for added value, product quality and use of unwanted catches, fulfilling the conditions laid down in Chapter I of this Regulation shall be compatible with the internal market within the meaning of Article 107(3), point (c), TFEU and shall be exempted from the notification requirement of Article 108(3) thereof provided that:
(a)
the aid aims to improve the added value or quality of the fish caught;
(b)
the aid covers only the following eligible costs:
(i)
investments that add value to fishery products, in particular by allowing fishers to carry out the processing, marketing and direct sale of their own catches; or
(ii)
innovative investments on board that improve the quality of the fishery products.
2. The aid referred to in paragraph 1, point (b)(ii), shall be conditional on the use of selective gears to minimise unwanted catches and shall only be granted to owners of Union fishing vessels that have carried out a fishing activity at sea for at least 60 days during the two calendar years preceding the date of submission of the application for aid.
3. The amount of the aid granted under this Article shall not exceed, in gross grant equivalent, a maximum aid intensity rate of 50 % of the eligible costs. Specific maximum aid intensity rates shall be as set out in Annex IV. Where one operation falls under several of the rows 1 to 11 of Annex IV, the highest maximum aid intensity rate shall apply.
Aid for fishing ports, landing sites, auction halls and shelters
1. Aid for fishing ports, landing sites, auction halls and shelters fulfilling the conditions laid down in Chapter I of this Regulation shall be compatible with the internal market within the meaning of Article 107(3), point (c), TFEU and shall be exempted from the notification requirement of Article 108(3) thereof provided that:
(a)
the aid aims to increase the quality, control and traceability of the products landed, increasing energy efficiency, contributing to environmental protection and improving safety and working conditions;
(b)
the aid covers the following eligible investment costs that:
(i)
improve the infrastructure of fishing ports, auction halls, landing sites and shelters, including investments in adequate reception facilities for lost fishing gears and marine litter collected from the sea;
(ii)
facilitate compliance with the obligation to land all catches in accordance with Article 15 of Regulation (EU) No 1380/2013 and Article 8(2), point (b), of Regulation (EU) No 1379/2013 or add value to under-used components of the catch; or
(iii)
improve the safety of fishers by way of construction or modernisation of shelters.
2. The amount of the aid granted under this Article shall not exceed, in gross grant equivalent, a maximum aid intensity rate of 50 % of the eligible costs. Specific maximum aid intensity rates shall be as set out in Annex IV. Where one operation falls under several of the rows 1 to 11 of Annex IV, the highest maximum aid intensity rate shall apply.
Aid for inland fishing and inland aquatic fauna and flora
1. Aid for inland fishing and inland aquatic fauna and flora fulfilling the conditions laid down in Chapter I of this Regulation shall be compatible with the internal market within the meaning of Article 107(3), point (c), TFEU and shall be exempted from the notification requirement of Article 108(3) thereof provided that the aid aims:
(a)
to reduce the impact of inland fishing on the environment;
(b)
to increase energy efficiency;
(c)
to increase the value or quality of fish landed; or
(d)
to improve health, safety, working conditions, human capital and training.
2. The aid under this Article may only support the following eligible costs:
(a)
investments in the promotion of human capital, job creation and social dialogue referred to in Article 18 and under the conditions set out in that Article;
(b)
investments on board or in individual equipment as referred to in Article 21 and under the conditions set out in that Article;
(c)
investments in equipment referred to in Article 24 and under the conditions set out in that Article;
(d)
investments in the improvement of energy efficiency and the mitigation of the effects of climate change referred to in Article 27 and under the conditions set out in that Article;
(e)
investments in the improvement of the added value or quality of the fish caught referred to in Article 28 and under the conditions set out in that Article;
(f)
investments fishing ports, shelters and landing sites referred to in Article 29 and under the conditions set out in that Article; or
(g)
investments in nets or other fishing gear subjected to increased wear and tear due to damage caused by animals other than fish including invasive species and in related equipment.
3. The aid may provide support for the innovation in accordance with Article 15, for the advisory services in accordance with Article 16 and for partnerships between scientists and fishers in accordance with Article 17.
4. In order to promote diversification by inland fishers, the aid may support the diversification of inland fishing activities to complementary activities under the conditions laid down in Article 19.
5. For the purpose of paragraph 2 of this Article:
(a)
references made in Articles 21, 24, 27 and 28 to fishing vessels shall be understood as references to vessels operating exclusively in inland waters;
(b)
references made in Article 24 to the marine environment shall be understood as reference to the environment in which the inland fishing vessel operates;
(c)
conditions set out in Articles 21, 24 and 27 that are specific to marine fishing vessels shall not be extended to inland fishing.
6. In order to protect and develop aquatic fauna and flora, the aid may only support:
(a)
the management, restoration and monitoring of Natura 2000 sites which are affected by fishing activities, and the rehabilitation of inland waters in accordance with Directive 2000/60/EC of the European Parliament and the Council ( 28 ) , including spawning grounds and migration routes for migratory species, without prejudice to Article 26(2), point (d), of this Regulation and, where relevant, with the participation of inland fishers;
(b)
the construction, modernisation or installation of static or movable facilities intended to protect and enhance aquatic fauna and flora, including their scientific preparation, monitoring and evaluation.
7. Member States shall ensure that fishing vessels receiving support under this Article continue to operate exclusively in inland waters.
8. The amount of the aid granted under this Article shall not exceed, in gross grant equivalent, a maximum aid intensity rate of 50 % of the eligible costs, with the exception of the measure in paragraph 2, point (g), for which an aid intensity of 40 % shall apply. Specific maximum aid intensity rates shall be as set out in Annex IV. Where one operation falls under several of the rows 1 to 11 of Annex IV, the highest maximum aid intensity rate shall apply.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
