1. Aid for collection, management, use and processing of biological, environmental, technical and socio-economic data in the fisheries sector 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 supports the collection, management and use of data, as provided for in Article 25(1) and (2) of Regulation (EU) No 1380/2013 and further specified in Regulation (EU) 2017/1004 of the European Parliament and of the Council ( 39 ) .
2. The aid may only cover the following measures:
(a)
the collection, management and use of data for the purpose of scientific analysis and implementation of the CFP;
(b)
national, transnational and subnational multiannual sampling programmes, provided that they relate to stocks covered by the CFP;
(c)
at-sea monitoring of commercial and recreational fisheries, including monitoring of by-catch of marine organisms such as marine mammals and birds;
(d)
research surveys at sea; or
(e)
the improvement of data collection and data management systems and the implementation of pilot studies to improve existing data collection and data management systems.
3. The aid may only cover the following eligible costs incurred directly as a result of the supported measures.
(a)
direct salary costs
(b)
participation fees;
(c)
travel costs;
(d)
costs of publications;
(e)
investments in data collection and data management systems;
(f)
purchased data collection services.
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 prevent and mitigate the damage caused by natural disasters
1. Aid to prevent and mitigate the damage caused by natural disasters 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 investment primarily pursues the aim of preventing or mitigating damage caused by natural disasters.
2. For investment requiring an environmental impact assessment under Directive 2011/92/EU the aid shall be subject to the condition that such assessment has been carried out and the development consent has been granted for the investment project concerned before the date of granting the individual aid.
3. The aid may only cover the eligible costs that are direct and specific for preventive measures. The costs may only include the following costs:
(a)
for the construction, acquisition, including leasing, or improvement of immovable property;
(b)
the purchase or lease purchase of machinery and equipment up to the market value of the asset.
4. The amount of the aid granted shall not exceed, in gross grant equivalent, a maximum aid intensity rate of 65 % 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 make good the damage caused by natural disasters
1. Aid to make good the damage caused by natural disasters fulfilling the conditions laid down in Chapter I of this Regulation shall be compatible with the internal market within the meaning of Article 107(2), point (b), TFEU and shall be exempted from the notification requirement of Article 108(3) thereof provided that:
(a)
the competent authority of the Member State has formally recognised the character of the event as a natural disaster; and
(b)
there is a direct causal link between the natural disaster and the damage suffered by the undertaking.
2. Member States may, where appropriate, establish criteria in advance on the basis of which the formal recognition referred to in paragraph (1), point (a) of this Article is deemed to be granted.
3. Aid shall be paid directly to the undertaking concerned or to a producer group or organisation of which that undertaking is a member. Where the aid is paid to a producer group and organisation, the amount of aid shall not exceed the amount of aid to which that undertaking is eligible.
4. Aid schemes related to a specific natural disaster shall be established within three years from the date of the occurrence of the natural disaster. The aid shall be paid out within four years from that date.
5. The eligible costs may be the damage incurred as a direct consequence of the natural disaster, as assessed either by a competent public authority, by an independent expert recognised by the granting authority or by an insurance undertaking. That damage may include the following:
(a)
material damage to assets such as buildings, equipment, machinery, stocks and means of production; or
(b)
loss of income due to the full or partial destruction of fishery or aquaculture production or the means of such production not exceeding six months from the occurrence of the disaster.
6. The calculation of the material damage shall be based on the repair cost or economic value of the affected asset before the disaster. It shall not exceed the repair cost or the decrease in fair market value caused by the natural disaster, namely the difference between the asset’s value immediately before and immediately after the disaster.
7. The loss of income shall be calculated by subtracting:
(a)
the result of multiplying the quantity of the fishery and aquaculture products produced in the year of the natural disaster, or in each following year affected by the full or partial destruction of the means of production, by the average selling price obtained during that year; from
(b)
the result of multiplying the average annual quantity of fishery and aquaculture products produced in the three-year period preceding the natural disaster, or a three year average based on the five-year period preceding the natural disaster, excluding the highest and lowest entry, by the average selling price obtained.
8. The damage shall be calculated at the level of the individual undertaking. Where an SME was set up less than three years from the date of the occurrence of the event, the reference to the three-year periods in paragraph 7, point (b), shall be understood as referring to the turnover generated or quantity of fishery and aquaculture products produced and sold by an average undertaking of the same size as the applicant, namely a micro enterprise or a small enterprise or a medium enterprise, respectively, in the national or regional sector affected by the adverse climatic event which can be assimilated to a natural disaster.
9. The aid granted and any other payments received to compensate the damage, including payments under insurance policies, shall be limited to 100 % of the eligible costs.
Aid to prevent and mitigate the damage caused by adverse climatic events which can be assimilated to a natural disaster
1. Aid for investments to prevent and mitigate the damage caused by adverse climatic events which can be assimilated to natural disasters, 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 it fulfils the conditions laid down in this Article.
2. For investment requiring an environmental impact assessment under Directive 2011/92/EU the aid shall be subject to the condition that such assessment has been carried out and the development consent has been granted for the investment project concerned before the date of granting the individual aid.
3. The aid may only cover the eligible costs that are direct and specific for preventive measures. The costs may include the costs for one of the following:
(a)
for the construction, acquisition, including leasing, or improvement of immovable property;
(b)
the purchase or lease purchase of machinery and equipment up to the market value of the asset.
4. The amount of the aid granted under this Article shall not exceed, in gross grant equivalent, a maximum aid intensity rate of 65 % 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 make good the damage caused by adverse climatic events which can be assimilated to a natural disaster
1. Aid to make good the damage caused by adverse climatic events which can be assimilated to a natural disaster 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 it fulfils the conditions laid down in this Article.
2. Aid fulfils the following conditions:
(a)
the competent authority of the Member State has formally recognised the character of the adverse climatic event which can be assimilated to a natural disaster; and
(b)
there is a direct causal link between the adverse climatic event which can be assimilated to a natural disaster and the damage suffered by the undertaking.
3. Member States may, where appropriate, establish in advance criteria on the basis of which the formal recognition referred to in paragraph (2)(a) of this Article is deemed to be granted.
4. The aid shall be paid directly to the undertaking concerned.
5. Aid schemes shall be established within three years from the date of the occurrence of the adverse climatic event which can be assimilated to a natural disaster. The aid shall be paid out within four years from that date.
6. The eligible costs may be the damage incurred as a direct consequence of the adverse climatic event which can be assimilated to a natural disaster, as assessed either by a public authority, by an independent expert recognised by the granting authority or by an insurance undertaking. That damage may include the following:
(a)
material damage to assets such as buildings, equipment, machinery, stocks and means of production; or
(b)
loss of income due to the full or partial destruction of fishery or aquaculture production or the means of such production for a period not exceeding six months from the occurrence of the adverse climatic event which can be assimilated to a natural disaster.
7. The calculation of the material damage shall be based on the repair cost or economic value of the affected asset before the adverse climatic event which can be assimilated to a natural disaster. It shall not exceed the repair cost or the decrease in fair market value caused by the adverse climatic event which can be assimilated to a natural disaster, namely the difference between the asset’s value immediately before and immediately after the adverse climatic event which can be assimilated to a natural disaster.
8. The loss of income shall be calculated by subtracting:
(a)
the result of multiplying the quantity of the fishery and aquaculture products produced in the year of the adverse climatic event which can be assimilated to a natural disaster, or in each following year affected by the full or partial destruction of the means of production, by the average selling price obtained during that year; from
(b)
the result of multiplying the average annual quantity of fishery and aquaculture products produced in the three-year period preceding the adverse climatic events condition which can be assimilated to a natural disaster, or a three year average based on the five-year period preceding the adverse climatic events which can be assimilated to a natural disaster, excluding the highest and lowest entry, by the average selling price obtained.
9. The damage shall be calculated at the level of the individual undertaking. Where an SME was set up less than three years from the date of the occurrence of the event, the reference to the three-year periods in paragraph 7, point (b), shall be understood as referring to the turnover generated or quantity of fishery and aquaculture products produced and sold by an average undertaking of the same size as the applicant, namely a micro enterprise or a small enterprise or a medium enterprise, respectively, in the national or regional sector affected by the adverse climatic event which can be assimilated to a natural disaster.
10. The aid granted and any other payments received to compensate the damage, including payments under insurance policies, shall be limited to 100 % of the eligible costs.
Aid to prevent and mitigate the damage caused by protected animals
1. Aid for investments to prevent and mitigate the damage caused by behaviour of the protected animals in fishery and aquaculture sector, 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 investment primarily pursues the aim of preventing or mitigating damage caused by behaviour of the protected animals;
(b)
concerning fisheries, the objective of the investment is to prevent and mitigate depredation or to prevent and mitigate damage to fishing gear or other operating material caused by the behaviour of a protected animal.
2. For investment requiring an environmental impact assessment under Directive 2011/92/EU the aid shall be subject to the condition that such assessment has been carried out and the development consent has been granted for the investment project concerned before the date of granting the individual aid.
3. The aid may only cover the eligible costs that are direct and specific for preventive measures. The costs may include one of the following costs:
(a)
for the construction, acquisition, including leasing, or improvement of immovable property;
(b)
the purchase or lease purchase of machinery and equipment up to the market value of the asset.
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. 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 make good the damage caused by protected animals
1. Aid to make good the damage caused by protected animals in fishery and aquaculture sector 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)
there is a direct causal link between the damage suffered and the behaviour of the protected animals;
(b)
the eligible costs shall be the costs of the damage incurred as a direct consequence of the event that caused the damage, as assessed either by a public authority, by an independent expert recognised by the granting authority or by an insurance undertaking; and
(c)
for fisheries, aid with regard to damage for animals is limited to damage to catches.
2. The damage to be made good may include the following:
(a)
damage for animals in aquaculture: the eligible costs are based on the market value of the animal damaged or killed by the protected animals;
(b)
damage to catches in fishery sector caused by protected animals; or
(c)
the material damage to the following assets: equipment, machinery, property.
3. The market value referred to in paragraph 2 of this Article shall be established on the basis of the value of the animals immediately before the damage caused by the behaviour of the protected animals occurred, and as if they had not been affected by the behaviour of the protected animals.
4. The calculation of the material damage shall be based on the repair cost or economic value of the affected asset before the damage occurred. It must not exceed the repair cost or the decrease in fair market value caused by the protected animals, that is to say the difference between the asset’s value immediately before and immediately after the damage occurred.
5. The damage to be made good may be increased by other costs incurred by the beneficiary undertaking due to the behaviour of the protected animals, and it shall be reduced by any costs not directly incurred due to the behaviour of the protected animals which would otherwise have been incurred by the beneficiary undertaking, and by any revenue made by the sale of products linked to the animals damaged or killed.
6. Save for first attacks by protected animals, a reasonable effort from the beneficiary undertaking is required to mitigate the risk of distortions of competition and to provide an incentive for minimising the risk. This effort shall take the form of preventive measures, such as safety fences, which are proportionate to the risk of damage caused by behaviour of the protected animals in the area concerned, unless such measures are not reasonably possible.
7. Aid shall be paid directly to the undertaking concerned or to a producer group or organisation of which that undertaking is a member. Where the aid is paid to a producer group or organisation, the amount of aid shall not exceed the amount of aid to which that undertaking is eligible.
8. The aid scheme shall be established within a period of three years from the date of the occurrence of the damaging event. The aid shall be paid out within four years from that date.
9. The aid granted and any other payments received to compensate the damage, including payments under insurance policies, shall be limited to 100 % of the eligible costs.
1. Aid for costs incurred by SMEs participating in CLLD projects under the Regulation (EU) 2021/1139, 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) TFEU, provided that it fulfils the conditions laid down in this Article and in Chapter I of this Regulation.
2. Aid for costs incurred by municipalities participating in CLLD projects, referred to in Article 31 of Regulation (EU) 2021/1060 and designated as LEADER local development under the European Maritime, Fisheries and Aquaculture Fund in favour of projects referred to in paragraph 3 of this Article, 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) TFEU, provided the conditions laid down in this Article and in Chapter I of this Regulation are fulfilled.
3. The following costs shall be eligible for CLLD projects:
(a)
the costs of preparatory support, capacity building, training and networking with a view of preparing and implementing a CLLD strategy referred in Article 33 of Regulation (EU) 1303/2013 of the European Parliament and of the Council ( 40 ) ;
(b)
implementation of approved operations;
(c)
preparation and implementation of the group’s cooperation activities;
(d)
running costs linked to the management of the implementation of the CLLD strategy; or
(e)
animation of the CLLD strategy in order to facilitate exchange between stakeholders to provide information and to promote the strategy and the projects, and to support potential beneficiaries with a view of developing operations and preparing applications.
4. The costs incurred by municipalities participating in CLLD projects, referred to in paragraph 1, may only be eligible for aid under this Article provided that they are pursued in one of the following areas:
(a)
research, development and innovation;
(b)
environment;
(c)
employment and training;
(d)
culture and heritage conservation;
(e)
conservation of marine and freshwater biological resources;
(f)
promotion of food products not listed in Annex I to the TFEU;
(g)
sports.
5. The aid intensity shall not exceed the maximum support rates provided for each type of operation in Regulation (EU) 2021/1139.
1. Aid to undertakings participating in, or benefitting from, CLLD projects as referred to in Article 54(1) 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) TFEU, provided the conditions laid down in this Article and in Chapter I of this Regulation are fulfilled.
2. Aid to municipalities participating in, or benefitting from CLLD projects as referred to in Article 54(1) of this Regulation, shall be compatible with the internal market within the meaning of Article 107(3), point (c), of the Treaty and shall be exempted from the notification requirement of Article 108(3) of the Treaty, provided the conditions laid down in this Article and in Chapter I are fulfilled.
3. The costs incurred by municipalities participating in CLLD projects, referred to in paragraph 1 of this Article, may only be eligible for aid under this Article provided that they are pursued in one of the following areas:
(a)
research, development and innovation;
(b)
environment;
(c)
employment and training;
(d)
culture and heritage conservation;
(e)
conservation of marine and freshwater biological resources;
(f)
promotion of food products not listed in Annex I to the TFEU;
(g)
sports.
4. The total amount of aid under this Article granted per project shall not exceed EUR 200 000.
Tax exemptions and reductions in accordance with Directive 2003/96/EC.
1. Aid in the form of tax exemptions or reductions adopted by Member States pursuant to Article 15(1), point (f) and Article 15(3) of Directive 2003/96/EC shall be compatible with the internal market within the meaning of Article 107(3), point (c) and exempt from the notification requirement of Article 108(3) of TFEU, provided that the conditions laid down in Directive 2003/96/EC and in Chapter I of this Regulation are fulfilled.
2. The beneficiary undertaking of the tax exemptions or reductions shall be selected on the basis of transparent and objective criteria. Where applicable, they shall pay at least the respective minimum level of taxation set by Directive 2003/96/EC.
