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Document 02014R0508-20201201
Regulation (EU) No 508/2014 of the European Parliament and of the Council of 15 May 2014 on the European Maritime and Fisheries Fund and repealing Council Regulations (EC) No 2328/2003, (EC) No 861/2006, (EC) No 1198/2006 and (EC) No 791/2007 and Regulation (EU) No 1255/2011 of the European Parliament and of the Council
Consolidated text: Regulation (EU) No 508/2014 of the European Parliament and of the Council of 15 May 2014 on the European Maritime and Fisheries Fund and repealing Council Regulations (EC) No 2328/2003, (EC) No 861/2006, (EC) No 1198/2006 and (EC) No 791/2007 and Regulation (EU) No 1255/2011 of the European Parliament and of the Council
Regulation (EU) No 508/2014 of the European Parliament and of the Council of 15 May 2014 on the European Maritime and Fisheries Fund and repealing Council Regulations (EC) No 2328/2003, (EC) No 861/2006, (EC) No 1198/2006 and (EC) No 791/2007 and Regulation (EU) No 1255/2011 of the European Parliament and of the Council
02014R0508 — EN — 01.12.2020 — 007.001
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REGULATION (EU) No 508/2014 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 15 May 2014 (OJ L 149 20.5.2014, p. 1) |
Amended by:
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Official Journal |
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No |
page |
date |
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COMMISSION DELEGATED REGULATION (EU) 2017/1787 of 12 June 2017 |
L 256 |
1 |
4.10.2017 |
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REGULATION (EU) 2019/1022 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 20 June 2019 |
L 172 |
1 |
26.6.2019 |
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REGULATION (EU) 2020/460 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 30 March 2020 |
L 99 |
5 |
31.3.2020 |
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REGULATION (EU) 2020/560 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 23 April 2020 |
L 130 |
11 |
24.4.2020 |
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REGULATION (EU) 2020/1781 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 25 November 2020 |
L 400 |
1 |
30.11.2020 |
Corrected by:
REGULATION (EU) No 508/2014 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 15 May 2014
on the European Maritime and Fisheries Fund and repealing Council Regulations (EC) No 2328/2003, (EC) No 861/2006, (EC) No 1198/2006 and (EC) No 791/2007 and Regulation (EU) No 1255/2011 of the European Parliament and of the Council
TITLE I
SUBJECT-MATTER, SCOPE AND DEFINITIONS
Article 1
Subject-matter
This Regulation defines Union financial measures for the implementation of:
the Common Fisheries Policy (CFP);
relevant measures relating to the Law of the Sea;
the sustainable development of fisheries and aquaculture areas and inland fishing; and
the Integrated Maritime Policy (IMP).
Article 2
Geographical scope
This Regulation applies to operations carried out in the territory of the Union, unless otherwise provided for in this Regulation.
Article 3
Definitions
For the purpose of this Regulation, the following definitions apply:
‘Common information sharing environment’ (CISE) means a network of systems with a decentralised set-up developed for the exchange of information between users in order to improve their situational awareness of activities at sea;
‘cross-sectoral operations’ means those initiatives that mutually benefit different sectors and/or sectoral policies, as referred to in the TFEU, and that cannot be accomplished entirely through measures encompassed within respective policy areas;
‘electronic recording and reporting system’ (ERS) means a system for the electronic recording and reporting of data as referred to in Regulation (EC) No 1224/2009;
‘European marine observation and data network’ means a network that integrates relevant national marine observation and data programmes into a common and accessible European resource;
‘fisheries and aquaculture area’ means an area with a sea, river or lake shore, including ponds or a river basin, with a significant level of employment in fisheries or aquaculture, that is functionally coherent in geographical, economic and social terms and is designated as such by a Member State;
‘fisherman’ means any person engaging in commercial fishing activities, as recognised by the Member State;
‘inland fishing’ means fishing activities carried out for commercial purposes in inland waters by vessels or other devices, including those used for ice fishing;
‘integrated coastal zone management’ means strategies and measures such as those described in Recommendation 2002/413/EC of the European Parliament and of the Council ( 1 );
‘integrated maritime governance’ means the coordinated management of all sectoral policies at Union level affecting the oceans, seas and coastal regions;
‘Integrated Maritime Policy’ (IMP) means a Union policy whose aim is to foster coordinated and coherent decision-making to maximise the sustainable development, economic growth and social cohesion of Member States, and notably the coastal, insular and outermost regions in the Union, as well as maritime sectors, through coherent maritime-related policies and relevant international cooperation;
‘Integrated maritime surveillance’ (IMS) means a Union initiative aimed at enhancing effectiveness and efficiency in surveillance activities in respect of the European seas through information exchange and collaboration across sectors and borders;
‘maritime spatial planning’ means a process by which the relevant Member State’s authorities analyse and organise human activities in marine areas in order to achieve ecological, economic and social objectives;
‘measure’ means a set of operations;
‘small–scale coastal fishing’ means fishing carried out by fishing vessels of an overall length of less than 12 metres and not using towed fishing gear as listed in Table 3 of Annex I to Commission Regulation (EC) No 26/2004 ( 2 );
‘vessels operating exclusively in inland waters’ means vessels engaged in commercial fishing in inland waters and not included in the Union fishing fleet register.
TITLE II
GENERAL FRAMEWORK
CHAPTER I
Establishment and objectives of the European Maritime and Fisheries Fund
Article 4
Establishment
The European Maritime and Fisheries Fund (EMFF) is hereby established.
Article 5
Objectives
The EMFF shall contribute to the achievement of the following objectives:
promoting competitive, environmentally sustainable, economically viable and socially responsible fisheries and aquaculture;
fostering the implementation of the CFP;
promoting a balanced and inclusive territorial development of fisheries and aquaculture areas;
fostering the development and implementation of the Union’s IMP in a manner complementary to cohesion policy and to the CFP.
The pursuit of those objectives shall not result in an increase in fishing capacity.
Article 6
Union priorities
The EMFF shall contribute to the Europe 2020 strategy and to the implementation of CFP. It shall pursue the following Union priorities for the sustainable development of fisheries and aquaculture and related activities, which reflect the relevant thematic objectives referred to in Regulation (EU) No 1303/2013:
Promoting environmentally sustainable, resource–efficient, innovative, competitive and knowledge–based fisheries by pursuing the following specific objectives:
the reduction of the impact of fisheries on the marine environment, including the avoidance and reduction, as far as possible, of unwanted catches;
the protection and restoration of aquatic biodiversity and ecosystems;
the ensuring of a balance between fishing capacity and available fishing opportunities;
the enhancement of the competitiveness and viability of fisheries enterprises, including of small–scale coastal fleet, and the improvement of safety and working conditions;
the provision of support to strengthen technological development and innovation, including increasing energy efficiency, and knowledge transfer;
the development of professional training, new professional skills and lifelong learning.
Fostering environmentally sustainable, resource-efficient, innovative, competitive and knowledge-based aquaculture by pursuing the following specific objectives:
the provision of support to strengthen technological development, innovation and knowledge transfer;
the enhancement of the competitiveness and viability of aquaculture enterprises, including the improvement of safety and working conditions, in particular of SMEs;
the protection and restoration of aquatic biodiversity and the enhancement of ecosystems related to aquaculture and the promotion of resource-efficient aquaculture;
the promotion of aquaculture having a high level of environmental protection, and the promotion of animal health and welfare and of public health and safety;
the development of professional training, new professional skills and lifelong learning.
Fostering the implementation of the CFP by pursuing the following specific objectives:
the improvement and supply of scientific knowledge as well as the improvement of the collection and management of data;
the provision of support to monitoring, control and enforcement, thereby enhancing institutional capacity and the efficiency of public administration, without increasing the administrative burden.
Increasing employment and territorial cohesion by pursuing the following specific objective: the promotion of economic growth, social inclusion and job creation, and providing support to employability and labour mobility in coastal and inland communities which depend on fishing and aquaculture, including the diversification of activities within fisheries and into other sectors of maritime economy.
Fostering marketing and processing by pursuing the following specific objectives:
the improvement of market organisation for fishery and aquaculture products;
the encouragement of investment in the processing and marketing sectors.
Fostering the implementation of the IMP.
CHAPTER II
Shared and direct management
Article 7
Shared and direct management
CHAPTER III
General Principles of Assistance under Shared Management
Article 8
State aid
Article 9
Specific ex ante conditionalities
The specific ex ante conditionalities referred to in Annex IV shall apply to the EMFF.
CHAPTER IV
Admissibility of applications and ineligible operations
Article 10
Admissibility of applications
An application submitted by an operator for support from the EMFF shall be inadmissible for an identified period of time laid down pursuant to paragraph 4 of this Article, if it has been determined by the competent authority that the operator concerned:
has committed a serious infringement under Article 42 of Council Regulation (EC) No 1005/2008 ( 3 ) or Article 90(1) of Regulation (EC) No 1224/2009;
has been involved in the operation, management or ownership of fishing vessels included in the Union IUU vessel list as set out in Article 40(3) of Regulation (EC) No 1005/2008, or of vessels flagged to countries identified as non-cooperating third countries as set out in Article 33 of that Regulation;
has committed a serious infringement of the CFP rules identified as such in other legislation adopted by the European Parliament and by the Council; or
has committed any of the offences set out in Articles 3 and 4 of Directive 2008/99/EC of the European Parliament and of the Council ( 4 ), where the application is made for support under Chapter II of Title V of this Regulation.
The Commission shall be empowered to adopt delegated acts in accordance with Article 126 concerning:
the identification of the period of time referred to in paragraphs 1 and 3 of this Article which shall be proportionate to the nature, gravity, duration and repetition of the serious infringement, offence or fraud, and shall be of at least one year’s duration;
the relevant starting or ending dates of the period of time referred to in paragraphs 1 and 3 of this Article.
For the purposes of the first subparagraph, a Member State shall provide, on request from another Member State, the information contained in its national register of infringements referred to in Article 93 of Regulation (EC) No 1224/2009.
Article 11
Ineligible operations
The following operations shall not be eligible under the EMFF:
operations increasing the fishing capacity of a vessel or equipment increasing the ability of a vessel to find fish;
the construction of new fishing vessels or the importation of fishing vessels;
the temporary or permanent cessation of fishing activities, unless otherwise provided for in this Regulation;
exploratory fishing;
the transfer of ownership of a business;
direct restocking, unless explicitly provided for as a conservation measure by a Union legal act or in the case of experimental restocking.
TITLE III
FINANCIAL FRAMEWORK
Article 12
Budget implementation
Article 13
Budgetary resources under shared management
EUR 192 500 000 of the budgetary resources referred to in paragraph 1 shall be allocated to the compensation of outermost regions under Chapter V of Title V. That compensation shall not exceed, per year:
EUR 6 450 000 for the Azores and Madeira;
EUR 8 700 000 for the Canary Islands;
EUR 12 350 000 for the French outermost regions referred to in Article 349 TFEU.
Article 14
Budgetary resources under direct management
Article 15
Mid-term review
The Commission shall review the implementation of Chapter I and II of Title VI, including the need for adjustments of the indicative distribution of funds as laid down in Annex III, and shall, by 30 June 2017, submit to the European Parliament and to the Council an interim evaluation report on the results obtained and the qualitative and quantitative aspects of the EMFF.
Article 16
Financial distribution for shared management
The resources available for commitments by Member States referred to in Article 13(1) for the period from 2014 to 2020, as set out in the table in Annex II, shall be determined on the basis of the following objective criteria:
as regards Title V, with the exception of Articles 76 and 77:
the level of employment in the fisheries and marine and fresh water aquaculture sectors, including employment in related processing;
the level of production in the fisheries and marine and fresh water aquaculture sectors, including related processing; and
the share of small–scale coastal fishing fleet in the overall fishing fleet;
as regards Articles 76 and 77:
the extent of the control tasks of the Member State concerned, taking into account the size of the national fishing fleet and the size of the sea area to be controlled, the volume of the landings and the value of imports from third countries;
the available control resources compared to the extent of the control tasks of the Member State, where available means are determined by taking into account the number of controls conducted at sea and the number of landing inspections;
the extent of the data collections tasks of the Member State concerned, taking into account the size of the national fishing fleet, the volume of the landings and of the aquaculture production, the amount of scientific monitoring activities at sea and the number of surveys the Member State is taking part in; and
the available data collection resources compared to the extent of the data collection tasks of the Member State, where available means are determined by taking into account the human resources and technical means needed to implement the national sampling programme for data collection;
as regards all measures, the historical allocations of funds in accordance with Regulation (EC) No 1198/2006 and the historical consumption in accordance with Regulation (EC) No 861/2006.
TITLE IV
PROGRAMMING
CHAPTER I
Programming for measures financed under shared management
Article 17
Preparation of operational programmes
Article 18
Content of the operational programme
In addition to the elements referred to in Article 27 of Regulation (EU) No 1303/2013, the operational programme shall include:
an analysis of the situation in terms of the strengths, weaknesses, opportunities and threats and the identification of the needs that require to be addressed in the geographical area, including, where relevant, sea basins covered by the programme.
The analysis shall be structured around the relevant Union priorities set out in Article 6 of this Regulation and, where applicable, shall be consistent with the multiannual national strategic plan for aquaculture referred to in Article 34 of Regulation (EU) No 1380/2013 and the progress made in achieving good environmental status through the development and implementation of a marine strategy referred to in Article 5 of Directive 2008/56/EC. Specific needs concerning jobs, the environment, the mitigation of, and adaptation to, climate change, and the promotion of innovation shall be assessed in relation to the Union priorities, with a view to identifying the most relevant responses at the level of each of the priorities related to the relevant area;
a description of the strategy within the meaning of Article 27 of Regulation (EU) No 1303/2013, which shall demonstrate that:
appropriate targets are set for each of the Union priorities that are included in the programme, on the basis of common indicators referred to in Article 109 of this Regulation;
the selection of relevant measures follows logically from each Union priority selected in the programme, taking into account the conclusions of the ex ante evaluation and the analysis referred to in point (a) of this paragraph. As regards the measures for the permanent cessation of fishing activities under Article 34 of this Regulation, the description of the strategy shall include the targets and measures to be taken for the reduction of the fishing capacity in accordance with Article 22 of Regulation (EU) No 1380/2013. A description of the method for the calculation of the compensation to be granted under Articles 33 and 34 of this Regulation shall also be included;
the allocation of financial resources to the Union priorities included in the programme is justifiable and adequate to achieve the targets set;
where appropriate, the specific needs of Natura 2000 areas, as established by Council Directive 92/43/EEC ( 7 ), and the contribution of the programme to the establishment of a coherent network of fish stock recovery areas as provided for in Article 8 of Regulation (EU) No 1380/2013;
the assessment of the specific ex ante conditionalities referred to in Article 9 of and in Annex IV to this Regulation and, where required, the actions referred to in Article 19(2) of Regulation (EU) No 1303/2013;
a description of the performance framework within the meaning of Article 22 of and Annex II to Regulation (EU) No 1303/2013;
a list of measures selected organised by Union priorities;
a list of criteria applied for selecting the fisheries and aquaculture areas under Chapter III of Title V;
a list of selection criteria for community-led local development strategies under Chapter III of Title V;
in Member States where over 1 000 vessels can be considered small-scale coastal fishing vessels, an action plan for the development, competitiveness and sustainability of small-scale coastal fishing;
the evaluation requirements and the evaluation plan referred to in Article 56 of Regulation (EU) No 1303/2013 and actions to be taken to address identified needs;
a financing plan which is to be designed by taking into account Article 20 of Regulation (EU) No 1303/2013 and in accordance with the Commission implementing act referred to in Article 16(2) of this Regulation, comprising:
a table setting out the total EMFF contribution planned for each year;
a table setting out the applicable EMFF resources and co-financing rate under the Union priorities set out in Article 6 of this Regulation and for technical assistance; by way of derogation from the general rule laid down in Article 94(2) of this Regulation, that table shall, where applicable, indicate separately the EMFF resources and the co-financing rates which apply for the support referred to in Articles 33, 34, Article 41(2), Articles 67 and 70, points (a) to (d) and (f) to (l) of Article 76(2), point (e) of Article 76(2) and Article 77 of this Regulation;
information on the complementarity and coordination with ESI Funds and other relevant Union and national funding instruments;
implementing arrangements of the operational programme including:
identification of the authorities referred to in Article 123 of Regulation (EU) No 1303/2013 and, for information purposes, a summary describing the management and control system;
a description of the respective roles of the FLAGs, the managing authority or designated body for all implementation tasks relating to the community-led local development strategy;
a description of the monitoring and evaluation procedures, as well as the general composition of the monitoring committee referred to in Article 48 of Regulation (EU) No 1303/2013;
the provisions to ensure that the programme is publicised in accordance with Article 119 of this Regulation;
a list of the partners referred to in Article 5 of Regulation (EU) No 1303/2013 and the results of the consultation of those partners;
for the objective of ensuring increased compliance through control referred to in Article 6(3)(b), and in accordance with the actual priorities adopted by the Commission pursuant to Article 17(3):
a list of the bodies implementing the control, inspection and enforcement system and a brief description of their human and financial resources available for fisheries control, inspection and enforcement, and their major equipment available for fisheries control, inspection and enforcement, in particular the number of vessels, aircraft and helicopters;
the overall objectives of the control measures to be implemented, using common indicators to be set in accordance with Article 109;
specific objectives to be achieved in accordance with the Union priorities set out in Article 6 and a detailed indication by category over the entire programming period;
for the objective of collection of data for sustainable fisheries management referred to in point (a) of Article 6(3), and in accordance with the multiannual Union programme referred to in Article 3 of Regulation (EC) No 199/2008:
a description of the activities of data collection, in accordance with Article 25(1) of Regulation (EU) No 1380/2013;
a description of the data storage methods, data management and data use;
a description of the capability to achieve sound financial and administrative management of the data collected.
The section of the operational programme referred to in point (p) shall be supplemented in accordance with Article 21 of this Regulation.
Article 19
Approval of the operational programme
Article 20
Amendment of the operational programme
Article 21
Work plans for data collection
Article 22
Rules on procedures and timetables
The Commission may adopt implementing acts laying down rules on procedures, format and timetables for:
the approval of operational programmes;
the submission and approval of amendments to operational programmes, including their entry into force and frequency of submission during the programming period;
the submission and approval of amendments as referred to in Article 20(3);
the submission of work plans for data collection.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 127(3).
The procedures and timetables shall be simplified in the case of:
amendments to operational programmes concerning a transfer of funds between Union priorities, provided that the funds transferred do not exceed 10 % of the amount allocated to the Union priority;
amendments to operational programmes concerning the introduction or withdrawal of measures or types of relevant operations and related information and indicators;
amendments to operational programmes concerning changes in the description of measures, including changes of eligibility conditions;
amendments referred to in Article 20(3), as well as in the case of any other amendments to the section of the operational programme referred to in point (o) of Article 18(1);
amendments to operational programmes concerning the support referred to in point (d) of Article 33(1), Article 35, Article 44(4a), point (b) of Article 55(1), Articles 57, 66 and 67 and Article 69(3), including the reallocation of financial resources thereto to address the consequences of the COVID‐19 outbreak.
CHAPTER II
Programming for measures financed under direct management
Article 23
Annual work programme
The annual work programmes shall include:
a description of the activities to be financed and the objectives to be pursued for each activity which shall be in accordance with the objectives laid down in Articles 82 and 85. It shall also contain an indication of the amount allocated to each activity, an indicative implementation timetable, as well as information on their implementation;
for grants and related measures, the essential evaluation criteria, which shall be set in a manner that best achieves the objectives pursued by the operational programme, and the maximum rate of co-financing.
TITLE V
MEASURES FINANCED UNDER SHARED MANAGEMENT
CHAPTER I
Sustainable development of fisheries
Article 24
Specific objectives
Support under this Chapter shall contribute to the achievement of the specific objectives under the Union priority set out in Article 6(1).
Article 25
General conditions
Without prejudice to paragraph 5 of this Article, the total financial contribution from the EMFF to the measures referred to in points (a), (b) and (c) of Article 33(1) and in Article 34 and to the replacement or modernisation of main or ancillary engines as referred to in Article 41 shall not exceed the higher of the following two thresholds:
EUR 6 000 000 ; or
15 % of the Union financial support allocated by the Member State to the Union priorities set out in Article 6(1), (2) and (5).
Article 26
Innovation
Article 27
Advisory services
In order to improve the overall performance and competitiveness of operators and to promote sustainable fisheries, the EMFF may support:
feasibility studies and advisory services that assess the viability of operations potentially eligible for support under this Chapter;
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, terrestrial and freshwater ecosystems;
the provision of professional advice on business and marketing strategies.
Article 28
Partnerships between scientists and fishermen
In order to foster the transfer of knowledge between scientists and fishermen, the EMFF may support:
the creation of networks, partnership agreements or associations between one or more independent scientific bodies and fishermen, or one or more organisations of fishermen, in which technical bodies may participate;
the activities carried out in the framework of the networks, partnership agreements, or associations referred to in point (a).
Article 29
Promotion of human capital, job creation and social dialogue
In order to promote human capital, job creation and social dialogue, the EMFF may support:
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;
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;
social dialogue at Union, national, regional or local level involving fishermen, social partners and other relevant stakeholders.
Article 30
Diversification and new forms of income
The support under paragraph 1 shall be granted to fishermen who:
submit a business plan for the development of their new activities; and
possess adequate professional skills which may be acquired through operations financed under point (a) of Article 29(1).
Article 31
Start-up support for young fishermen
Support under this Article may be granted only in respect of the first acquisition of a fishing vessel:
with an overall length of less than 24 metres;
which is equipped for sea fishing;
which is between 5 and 30 years old; and
which belongs to a fleet segment for which the 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.
Article 32
Health and safety
Article 33
Temporary cessation of fishing activities
The EMFF may support measures for the temporary cessation of fishing activities in the following cases:
the implementation of Commission measures or Member States emergency measures referred to in Articles 12 and 13, respectively, of Regulation (EU) No 1380/2013 or of conservation measures referred to in Article 7 of that Regulation, including biological recovery periods;
a non‐renewal of Sustainable fisheries partnership agreements or protocols thereto;
where the temporary cessation of fishing activities is provided for in a management plan adopted in accordance with Council Regulation (EC) No 1967/2006 ( 9 ) or in a multiannual plan adopted under Articles 9 and 10 of Regulation (EU) No 1380/2013, 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;
where the temporary cessation of fishing activities occurs between 1 February and 31 December 2020 as a consequence of the COVID‐19 outbreak, including for vessels operating under a Sustainable fisheries partnership agreement.
In accordance with the second subparagraph of Article 65(9) of Regulation (EU) No 1303/2013 and by way of derogation from the first subparagraph thereof, expenditure for operations supported under point (d) of the first subparagraph of this paragraph shall be eligible as of 1 February 2020.
The support referred to in paragraph 1 shall only be granted to:
owners 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 date of submission of the application for support; or
fishermen who have worked at sea for at least 120 days during the last two calendar years preceding the date of submission of the application for support on board a Union fishing vessel concerned by the temporary cessation.
For the purpose of point (d) of paragraph 1, the following derogations shall apply:
by way of derogation from point (a) of paragraph 3, where a fishing vessel has been registered in the Union fishing fleet register for less than two years at the date of submission of the application for support, Member States may calculate the minimum days of fishing activities required for that vessel as the proportion of 120 days in the last two calendar years;
by way of derogation from point (b) of paragraph 3, where a fisherman has started working on board a Union fishing vessel less than two years prior to the date of submission of the application for support, Member States may calculate the minimum days of work required for that fisherman as the proportion of 120 days in the last two calendar years;
by way of derogation from paragraph 3, support shall also be granted to fishermen on foot who have worked at least 120 days during the last two calendar years preceding the date of submission of the application for support. Where a fisherman on foot has started working less than two years prior to the date of submission of the application for support, Member States may calculate the minimum days of work required for that fisherman on foot as the proportion of 120 days in the last two calendar years.
Article 34
Permanent cessation of fishing activities
The EMFF may support measures for the permanent cessation of fishing activities only when that is achieved through the scrapping of fishing vessels and provided that:
such scrapping is included in the operational programme referred to in Article 18; and
the permanent cessation is foreseen as a tool of an action plan referred to in Article 22(4) of Regulation (EU) No 1380/2013 indicating that the fleet segment is not effectively balanced with the fishing opportunities available to that segment.
Support under paragraph 1 shall be granted to:
owners of Union fishing vessels registered as active and which have 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; or
fishermen who have worked 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, on board of a Union fishing vessel concerned by the permanent cessation.
However, in the case of Eastern Baltic cod as referred to in point (b) of Article 1(1) of Regulation (EU) 2016/1139 of the European Parliament and the Council ( 10 ), the two calendar years referred to in points (a) and (b) of the first subparagraph of this paragraph shall be 2017 and 2018.
Support under this Article may be granted until 31 December 2017, unless permanent cessation measures are adopted in order to achieve the objectives of the following multiannual plans:
the multiannual plan for the conservation and sustainable exploitation of demersal stocks in the western Mediterranean Sea, established by Regulation (EU) 2019/1022 of the European Parliament and of the Council ( 11 );
the multiannual plan for the stocks of cod, herring and sprat in the Baltic Sea and the fisheries exploiting those stocks, established by Regulation (EU) 2016/1139, with regard to vessels that have targeted Eastern Baltic cod, Western Baltic cod or Western Baltic herring as set out in Article 8a of Regulation (EU) 2016/1139.
Expenditure related to the permanent cessation measures adopted in order to achieve the objectives of Regulation (EU) 2016/1139, in particular Article 8a thereof, shall be eligible for support under the EMFF from 1 December 2020.
In addition and with a view to preserving maritime heritage, support may be granted for the permanent cessation of fishing activities without scrapping in the case of traditional wooden vessels, provided that such vessels retain a land-based heritage function.
Article 35
Mutual funds for public health crises, adverse climatic events and environmental incidents
In order to be eligible for support under this Article, the mutual fund concerned shall:
be accredited by the competent authority of the Member State, in accordance with national law;
have a transparent policy towards payments into and withdrawals from the fund; and
have clear rules attributing responsibility for any debts incurred.
Article 36
Support for the systems of allocation of fishing opportunities
Article 37
Support for the design and implementation of conservation measures and regional cooperation
In order to ensure the efficient design and implementation of conservation measures under Articles 7, 8 and 11 of Regulation (EU) No 1380/2013 and regional cooperation under Article 18 of that Regulation, the EMFF may support:
the design, development and monitoring of technical and administrative means necessary for the development and implementation of conservation measures and regionalisation;
stakeholder participation and cooperation between Member States in designing and implementing conservation measures and regionalisation.
Article 38
Limitation of the impact of fishing on the marine environment and adaptation of fishing to the protection of species
In order to reduce the impact of fishing on the marine environment, to foster the gradual elimination of discards and to facilitate the transition to a sustainable exploitation of living marine biological resources in accordance with Article 2(2) of Regulation (EU) No 1380/2013, the EMFF may support investments:
in equipment improving size selectivity or species selectivity of fishing gear;
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;
in equipment that limits and, where possible, eliminates the physical and biological impacts of fishing on the ecosystem or the sea bed;
in equipment that protects gear and catches from mammals and birds protected by Council Directive 92/43/EEC or Directive 2009/147/EC of the European Parliament and of the Council ( 12 ), 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.
Support shall be granted to:
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 support;
fishermen 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 support;
organisations of fishermen recognised by the Member State.
Article 39
Innovation linked to the conservation of marine biological resources
Article 40
Protection and restoration of marine biodiversity and ecosystems and compensation regimes in the framework of sustainable fishing activities
In order to protect and restore marine biodiversity and ecosystems in the framework of sustainable fishing activities, with the participation, where relevant, of fishermen, the EMFF may support the following operations:
the collection of waste by fishermen from the sea such as the removal of lost fishing gear and marine litter;
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;
contributions to a better management or conservation of marine biological resources;
the preparation, including studies, drawing-up, monitoring and updating of protection and management plans for fishery-related activities relating to NATURA 2000 sites and spatial protection measures referred to in Directive 2008/56/EC and relating to other special habitats;
the management, restoration and monitoring of NATURA 2000 sites in accordance with Directives 92/43/EEC and 2009/147/EC, in accordance with prioritised action frameworks established pursuant to Directive 92/43/EEC;
the management, restoration and monitoring of marine protected areas with a view to the implementation of the spatial protection measures referred to in Article 13(4) of Directive 2008/56/EC;
increasing environmental awareness, involving fishermen, with regard to the protection and restoration of marine biodiversity;
schemes for compensation for damage to catches caused by mammals and birds protected by Directives 92/43/EEC and 2009/147/EC;
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.
Article 41
Energy efficiency and mitigation of climate change
In order to mitigate the effects of climate change and to improve the energy efficiency of fishing vessels, the EMFF may support:
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;
energy efficiency audits and schemes;
studies to assess the contribution of alternative propulsion systems and hull designs to the energy efficiency of fishing vessels.
Support for the replacement or modernisation of main or ancillary engines may be granted only:
for vessels up to 12 metres in overall length, provided that the new or modernised engine does not have more power in kW than the current engine;
for vessels between 12 and 18 metres in overall length, provided that the power in kW of the new or modernised engine is at least 20 % lower than that of the current engine;
for vessels between 18 and 24 metres in overall length, provided that the power in kW of the new or modernised engine is at least 30 % lower than that of the current engine.
Without prejudice to Article 25(3), support from the EMFF under paragraph 2 of this Article shall not exceed the higher of the following two thresholds:
EUR 1 500 000 ; or
3 % of the Union financial support allocated by the Member State to the Union priorities set out in Article 6(1), (2) and (5).
Article 42
Added value, product quality and use of unwanted catches
In order to improve the added value or quality of the fish caught, the EMFF may support:
investments that add value to fishery products, in particular by allowing fishermen to carry out the processing, marketing and direct sale of their own catches;
innovative investments on board that improve the quality of the fishery products.
Article 43
Fishing ports, landing sites, auction halls and shelters
Article 44
Inland fishing and inland aquatic fauna and flora
In order to reduce the impact of inland fishing on the environment, to increase energy efficiency, to increase the value or quality of fish landed, or to improve health, safety, working conditions, human capital and training, the EMFF may support investments in the following:
the promotion of human capital, job creation and social dialogue as referred to in Article 29 and under the conditions set out in that Article;
on board or in individual equipment as referred to in Article 32 and under the conditions set out in that Article;
in equipment and types of operations as referred to in Articles 38 and 39 and under the conditions set out in those Articles;
the improvement of energy efficiency and the mitigation of the effects of climate change as referred to in Article 41 and under the conditions set out in that Article;
the improvement of the value or quality of the fish caught as referred to in Article 42 and under the conditions set out in that Article.
in fishing ports, shelters and landing sites as referred to in Article 43 and under the conditions set out in that Article;
For the purposes of paragraphs 1 and 4a:
references made in Articles 30, 32, 33, 38, 39, 41 and 42 to fishing vessels shall be understood as references to vessels operating exclusively in inland waters;
references made in Article 38 to the marine environment shall be understood as references to the environment in which the inland fishing vessel operates.
In order to protect and develop aquatic fauna and flora, the EMFF may support:
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 of the Council ( 14 ), including spawning grounds and migration routes for migratory species, without prejudice to point (e) of Article 40(1) of this Regulation and, where relevant, with the participation of inland fishermen;
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.
CHAPTER II
Sustainable development of aquaculture
Article 45
Specific objectives
Support under this Chapter shall contribute to the achievement of the specific objectives under the Union priority set out in Article 6(2).
Article 46
General conditions
Article 47
Innovation
In order to stimulate innovation in aquaculture, the EMFF may support operations aiming at:
developing technical, scientific or organisational knowledge in aquaculture farms, which, in particular, reduces the impact on the environment, reduces dependence on fish meal and oil, fosters a sustainable use of resources in aquaculture, improves animal welfare or facilitates new sustainable production methods;
developing or introducing on the market new aquaculture species with good market potential, new or substantially improved products, new or improved processes, or new or improved management and organisation systems;
exploring the technical or economic feasibility of innovative products or processes.
Article 48
Productive investments in aquaculture
The EMFF may support:
productive investments in aquaculture;
the diversification of aquaculture production and species cultured;
the modernisation of aquaculture units, including the improvement in working and safety conditions of aquaculture workers;
improvements and modernisation related to animal health and welfare, including the purchase of equipment aiming at protecting the farms from wild predators;
investments reducing the negative impact or enhancing the positive effects on the environment and increasing resource efficiency;
investments in enhancing the quality of, or in adding value to, aquaculture products;
the restoration of existing aquaculture ponds or lagoons through the removal of silt, or investments aimed at the prevention of silt deposits;
the diversification of the income of aquaculture enterprises through the development of complementary activities;
investments resulting in a substantial reduction in the impact of aquaculture enterprises on water usage and quality, in particular through reducing the amount of water or chemicals, antibiotics and other medicines used, or through improving the output water quality, including through the deployment of multi–trophic aquaculture systems;
the promotion of closed aquaculture systems where aquaculture products are farmed in closed recirculation systems, thereby minimising water use;
investments increasing energy efficiency and promoting the conversion of aquaculture enterprises to renewable sources of energy.
Article 49
Management, relief and advisory services for aquaculture farms
In order to improve the overall performance and competitiveness of aquaculture farms, and to reduce the negative environmental impact of their operations, the EMFF may support:
the setting-up of management, relief and advisory services for aquaculture farms;
the purchase of farm advisory services of a technical, scientific, legal, environmental or economic nature.
Advisory services referred to in point (b) of paragraph 1 shall cover:
the management needs to enable aquaculture farms to comply with Union and national environmental legislation, as well as with maritime spatial planning requirements;
environmental impact assessment as referred to in Directive 2011/92/EU of the European Parliament and of the Council ( 15 ) and Directive 92/43/EEC;
the management needs to enable aquaculture farms to comply with Union and national aquatic animal health and welfare or public health legislation;
health and safety standards based on Union and national legislation;
marketing and business strategies.
Article 50
Promotion of human capital and networking
In order to promote human capital and networking in aquaculture, the EMFF may support:
professional training, lifelong learning, the dissemination of scientific and technical knowledge and innovative practices, the acquisition of new professional skills in aquaculture and with regard to the reduction of the environmental impact of aquaculture operations;
the improvement of working conditions and the promotion of occupational safety;
networking and exchange of experiences and best practices among aquaculture enterprises or professional organisations and other stakeholders, including scientific and technical bodies or those promoting equal opportunities between men and women.
Article 51
Increasing the potential of aquaculture sites
In order to contribute to the development of the aquaculture sites and infrastructures, and to reduce the negative environmental impact of the operations, the EMFF may support:
the identification and mapping of the most suitable areas for developing aquaculture, taking into account, where applicable, spatial planning processes, and the identification and mapping of areas where aquaculture should be excluded in order to maintain the role of such areas in the functioning of the ecosystem;
the improvement and development of support facilities and infrastructures required to increase the potential of aquaculture sites and to reduce the negative environmental impact of aquaculture, including investments in land consolidation, energy supply or water management;
action taken and implemented by competent authorities under Article 9(1) of Directive 2009/147/EC or Article 16(1) of Directive 92/43/EEC, with the aim of preventing serious damage to aquaculture;
action taken and implemented by competent authorities following the detection of increased mortalities or diseases as provided for in Article 10 of Council Directive 2006/88/EC ( 16 ). Those actions may cover the adoption of shellfish action plans aimed at the protection, restoration and management, including support to shellfish producers for the maintenance, of natural shellfish banks and catchment areas.
Article 52
Encouraging new aquaculture farmers practising sustainable aquaculture
Support under paragraph 1 shall be granted to aquaculture farmers entering the sector provided that they:
possess adequate professional skills and competence;
set up for the first time an aquaculture micro or small enterprise, as managers of that enterprise; and
submit a business plan for the development of their aquaculture activities.
Article 53
Conversion to eco-management and audit schemes and organic aquaculture
In order to promote the development of organic or energy–efficient aquaculture, the EMFF may support:
the participation in the Union eco-management and audit schemes (EMAS) established by Regulation (EC) No 761/2001 of the European Parliament and of the Council ( 19 ).
Support shall take the form of compensation for a maximum of three years during the period of the conversion of the enterprise to organic production, or during the preparation for participation in the EMAS. Member States shall calculate that compensation on the basis of:
the loss of revenue or additional costs incurred during the period of transition from conventional into organic production for operations eligible under point (a) of paragraph 1; or
the additional costs resulting from the application and preparation of the participation in EMAS for operations eligible under point (b) of paragraph 1.
Article 54
Aquaculture providing environmental services
In order to foster the development of aquaculture providing environmental services, the EMFF may support:
aquaculture methods compatible with specific environmental needs and subject to specific management requirements resulting from the designation of NATURA 2000 areas in accordance with Directives 92/43/EEC and 2009/147/EC;
participation, in terms of costs directly related thereto, in ex-situ conservation and reproduction of aquatic animals, within the framework of conservation and biodiversity restoration programmes developed by public authorities, or under their supervision;
aquaculture operations which include conservation and improvement of the environment and of biodiversity, and management of the landscape and traditional features of aquaculture zones.
Article 55
Public health measures
The EMFF may support the following compensation schemes:
compensation to mollusc farmers for the temporary suspension of the harvesting of farmed molluscs, where such suspension occurs exclusively for reasons of public health;
granting working capital and compensation to aquaculture farmers.
Compensation referred to in point (b) of the first subparagraph may be granted for the temporary suspension or reduction of production and sales or for the additional storage costs occurring between 1 February and 31 December 2020 as a consequence of the COVID‐19 outbreak.
Support under point (a) of paragraph 1 may only be granted where the suspension of harvesting due to the contamination of molluscs is the result of the proliferation of toxin‐producing plankton or the presence of plankton containing biotoxins, and provided that:
the contamination lasts for more than four consecutive months; or
the loss, resulting from the suspension of harvesting, amounts to more than 25 % of the annual turnover of the business concerned, calculated on the basis of the average turnover of that business over the three calendar years preceding the year in which the harvest was suspended.
For the purposes of point (b) of the first subparagraph, Member States may establish special calculation rules in respect of companies with less than three years of activity.
In accordance with the second subparagraph of Article 65(9) of Regulation (EU) No 1303/2013 and by way of derogation from the first subparagraph thereof, expenditure for operations supported under point (b) of paragraph 1 of this Article shall be eligible as of 1 February 2020.
Article 56
Animal health and welfare measures
In order to foster animal health and welfare in aquaculture enterprises, inter alia, in terms of prevention and bio-security, the EMFF may support:
the costs of control and eradication of diseases in aquaculture in accordance with Regulation (EU) No 652/2014 of the European Parliament and of the Council ( 20 ) , including the operational costs necessary to fulfil the obligations in an eradication plan;
the development of general and species-specific best practices or codes of conduct on bio-security or on animal health and animal welfare needs in aquaculture;
initiatives aimed at reducing the dependence of aquaculture on veterinary medicine;
veterinary or pharmaceutical studies and dissemination and exchange of information and best practices regarding veterinary diseases in aquaculture, with the aim of promoting an appropriate use of veterinary medicine;
the establishment and operation of health protection groups in the aquaculture sector as recognised by Member States;
compensation to mollusc farmers for the temporary suspension of their activities due to exceptional mass mortality, if the mortality rate exceeds 20 %, or if the loss resulting from the suspension of the activity amounts to more than 35 % of the annual turnover of the business concerned, calculated on the basis of the average turnover of that business over the three calendar years preceding the year in which the activities were suspended.
Article 57
Aquaculture stock insurance
In order to safeguard the income of aquaculture producers, the EMFF may contribute to an aquaculture stock insurance covering economic losses due to at least one of the following:
natural disasters;
adverse climatic events;
sudden water quality and quantity changes for which the operator is not responsible;
diseases in aquaculture, failure or destruction of production facilities for which the operator is not responsible;
public health crises.
CHAPTER III
Sustainable development of fisheries and aquaculture areas
Article 58
Scope
The EMFF shall support the sustainable development of fisheries and aquaculture areas following a community–led local development approach as set out in Article 32 of Regulation (EU) No 1303/2013.
Article 59
Specific objectives
Support under this Chapter shall contribute to the achievement of the specific objectives under the Union priority set out in Article 6(4).
Article 60
Community–led local development strategies
In order to contribute to the achievement of the objectives referred to in Article 59, community–led local development strategies shall:
maximise the participation of fishery and aquaculture sectors in the sustainable development of coastal and inland fisheries and aquaculture areas;
ensure that local communities fully exploit and benefit from the opportunities offered by maritime, coastal and inland water development and, in particular, help small and declining fishing ports to maximise their marine potential by developing a diversified infrastructure.
Article 61
Fisheries local action groups
The FLAGs shall:
broadly reflect the main focus of their strategy and the socioeconomic composition of the area through a balanced representation of the main stakeholders, including private sector, public sector and civil society;
ensure a significant representation of the fisheries and/or aquaculture sectors.
Article 62
Support from the EMFF for community–led local development
The following operations are eligible for support under this Section in accordance with Article 35 of Regulation (EU) No 1303/2013:
preparatory support;
implementation of community–led local development strategies;
cooperation activities;
running costs and animation.
Article 63
Implementation of community–led local development strategies
Support for the implementation of community–led local development strategies may be granted for the following objectives:
adding value, creating jobs, attracting young people and promoting innovation at all stages of the supply chain of fishery and aquaculture products;
supporting diversification inside or outside commercial fisheries, lifelong learning and job creation in fisheries and aquaculture areas;
enhancing and capitalising on the environmental assets of the fisheries and aquaculture areas, including operations to mitigate climate change;
promoting social well-being and cultural heritage in fisheries and aquaculture areas, including fisheries, aquaculture and maritime cultural heritage;
strengthening the role of fisheries communities in local development and the governance of local fisheries resources and maritime activities.
Article 64
Cooperation activities
Support referred to in Article 35(1)(c) of Regulation (EU) No 1303/2013 may be granted to:
inter-territorial or transnational cooperation projects;
preparatory technical support for inter-territorial and transnational cooperation projects, on the condition that FLAGs can demonstrate that they are preparing the implementation of a project.
For the purposes of this Article, the term ‘inter-territorial cooperation’ means cooperation within a Member State, and the term ‘transnational cooperation’ means cooperation between territories in several Member States or cooperation between at least one territory of a Member State and one or more territories in third countries.
CHAPTER IV
Marketing and processing related measures
Article 65
Specific objectives
Support under this Chapter shall contribute to the achievement of the specific objectives under the Union priority set out in Article 6(5).
Article 66
Production and marketing plans
Article 67
Storage aid
Where needed to respond to the COVID‐19 outbreak, the EMFF may support compensation to recognised producer organisations and associations of producer organisations which store fishery or aquaculture products listed in Annex II to Regulation (EU) No 1379/2013 or products falling within CN code 0302 as listed in point (a) of Annex I to that Regulation, provided that those products are stored in accordance with Articles 30 and 31 of that Regulation, and subject to the following conditions:
the amount of the storage aid does not exceed the amount of the technical and financial costs of the actions required for the stabilisation and storage of the products in question;
the quantities eligible for storage aid do not exceed 25 % of the annual quantities of the products concerned put up for sale by the producer organisation;
the financial support per year does not exceed 20 % of the average annual value of the production placed on the market by the members of the producer organisation in the period 2017–2019.
For the purposes of point (c) of the first subparagraph, where a member of the producer organisation did not place any production on the market in the period 2017 to 2019, the average annual value of production placed on the market in the first three years of production of that member shall be taken into account.
In accordance with the second subparagraph of Article 65(9) of Regulation (EU) No 1303/2013 and by way of derogation from the first subparagraph thereof, expenditure for operations supported under this Article shall be eligible as of 1 February 2020.
Member States shall fix the amount of the technical and financial costs applicable in their territories as follows:
technical costs shall be calculated each year on the basis of direct costs relating to the actions required in order to stabilise and store the products in question;
financial costs shall be calculated each year using the interest rate set annually in each Member State;
These technical and financial costs shall be made publicly available.
Article 68
Marketing measures
The EMFF may support marketing measures for fishery and aquaculture products which are aimed at:
creating producer organisations, associations of producer organisations or inter-branch organisations to be recognised in accordance with Section II of Chapter II of Regulation (EU) No 1379/2013;
finding new markets and improving the conditions for the placing on the market of fishery and aquaculture products, including:
species with marketing potential;
unwanted catches landed from commercial stocks in accordance with technical measures, Article 15 of Regulation (EU) No 1380/2013 and Article 8(2)(b) of Regulation (EU) No 1379/2013;
fishery and aquaculture products obtained using methods with low impact on the environment, or organic aquaculture products within the meaning of Regulation (EC) No 834/2007;
promoting the quality and the value added by facilitating:
the application for registration of a given product and the adaptation of concerned operators to the relevant compliance and certification requirements in accordance with Regulation (EU) No 1151/2012 of the European Parliament and of the Council ( 21 );
the certification and the promotion of sustainable fishery and aquaculture products, including products from small–scale coastal fishing, and of environmentally-friendly processing methods;
the direct marketing of fishery products by small–scale coastal fishermen or by on–foot fishermen;
the presentation and packaging of products;
contributing to the transparency of production and the markets and conducting market surveys and studies on the Union’s dependence on imports;
contributing to the traceability of fishery or aquaculture products and, where relevant, the development of a Union–wide ecolabel for fishery and aquaculture products as referred to in Regulation (EU) No 1379/2013;
drawing up standard contracts for SMEs, which are compatible with Union law;
conducting regional, national or transnational communication and promotional campaigns, to raise public awareness of sustainable fishery and aquaculture products.
The operations referred to in point (g) of paragraph 1 shall not be aimed at commercial brands.
Article 69
Processing of fishery and aquaculture products
The EMFF may support investments in the processing of fishery and aquaculture products that:
contribute to energy saving or reducing the impact on the environment, including waste treatment;
improve safety, hygiene, health and working conditions;
support the processing of catches of commercial fish that cannot be destined for human consumption;
relate to the processing of by-products resulting from main processing activities;
relate to the processing of organic aquaculture products pursuant to Articles 6 and 7 of Regulation (EC) No 834/2007;
lead to new or improved products, new or improved processes, or new or improved management and organisation systems.
CHAPTER V
Compensation for additional costs in outermost regions for fishery and aquaculture products
Article 70
Compensation regime
The EMFF may also support measures to compensate the economic losses resulting from the COVID‐19 outbreak, in particular those resulting from the deterioration in the price of fish or from increased storage cost.
The compensation shall not be granted for fishery and aquaculture products:
caught by third country vessels, with the exception of fishing vessels which fly the flag of Venezuela and operate in Union waters;
caught by Union fishing vessels that are not registered in a port of one of the regions referred to in paragraph 1;
imported from third countries.
The following operators shall be eligible for compensation:
natural or legal persons using means of production to obtain fishery or aquaculture products with a view to placing them on the market;
the owners or operators of vessels that are registered in the ports of the regions referred to in paragraph 1 and that are operating in those regions, or associations of such owners or operators;
the operators in the processing and marketing sector or associations of such operators.
Article 71
Calculation of the compensation
The compensation shall be paid to the operators referred to in Article 70(6) carrying out activities in the regions referred to in Article 70(1) and shall take into account:
for each fishery or aquaculture product or category of products, the additional costs resulting from the specific handicaps of the regions concerned; and
any other type of public intervention affecting the level of additional costs.
Article 72
Compensation plan
Article 73
State aid for implementing compensation plans
Member States may grant additional financing for the implementation of the compensation plans referred to in Article 72. In such cases, Member States shall notify the Commission of the State aid which the Commission may approve in accordance with this Regulation as part of those plans. State aid thus notified shall be regarded as notified within the meaning of the first sentence of Article 108(3) TFEU.
CHAPTER VI
Accompanying measures for the CFP under shared management
Article 74
Geographical scope
By way of derogation from Article 2, this Chapter shall also apply to operations carried out outside the territory of the Union.
Article 75
Specific objectives
Support under this Chapter shall contribute to achieving the specific objectives under the Union priority set out in Article 6(3).
Article 76
Control and enforcement
In particular, the following types of operations shall be eligible:
the purchase, installation and development of technology, including computer hardware and software, vessel detection systems (VDS), closed-circuit television (CCTV) systems and IT networks enabling the gathering, administration, validation, analysis, risk management, presentation (by means of the websites related to control) and exchange of, and the development of sampling methods for, data related to fisheries, as well as interconnection to cross-sectoral data exchange systems;
the development, purchase and installation of the components, including computer hardware and software, that are necessary to ensure data transmission from actors involved in fishing and the marketing of fishery products to the relevant Member State and Union authorities, including the necessary components for electronic recording and reporting systems (ERS), vessel monitoring systems (VMS) and automatic identification systems (AIS) used for control purposes;
the development, purchase and installation of the components, including computer hardware and software, which are necessary to ensure the traceability of fishery and aquaculture products, as referred to in Article 58 of Regulation (EC) No 1224/2009;
the implementation of programmes for exchanging data between Member States and for analysing them;
the modernisation and purchase of patrol vessels, aircrafts and helicopters, provided that they are used for fisheries control for at least 60 % of the total period of use per year;
the purchase of other control means, including devices to enable the measurement of engine power and weighing equipment;
the development of innovative control and monitoring systems and the implementation of pilot projects related to fisheries control, including fish DNA analysis or the development of websites related to control;
training and exchange programmes, including between Member States, of personnel responsible for the monitoring, control and surveillance of fisheries activities;
cost/benefit analyses and assessments of audits performed and expenditure incurred by competent authorities in carrying out monitoring, control and surveillance;
initiatives, including seminars and media tools, aimed at enhancing awareness, among both fishermen and other players such as inspectors, public prosecutors and judges, as well as among the general public, of the need to fight illegal, unreported and unregulated fishing and of the implementation of the CFP rules;
operational costs incurred in carrying out more stringent control for stocks subject to specific control and inspection programmes established in accordance with Article 95 of Regulation (EC) No 1224/2009 and subject to control coordination in accordance with Article 15 of Council Regulation (EC) No 768/2005 ( 22 );
programmes linked to the implementation of an action plan established in accordance with Article 102(4) of Regulation (EC) No 1224/2009, including any operational costs incurred.
Article 77
Data collection
In particular, the following types of operations shall be eligible:
the collection, management and use of data for the purpose of scientific analysis and implementation of the CFP;
national, transnational and subnational multiannual sampling programmes, provided that they relate to stocks covered by the CFP;
at-sea monitoring of commercial and recreational fisheries, including monitoring of by-catch of marine organisms such as marine mammals and birds;
research surveys at sea;
the participation of representatives of Member States and regional authorities in regional coordination meetings, meetings of regional fisheries management organisations of which the Union is a contracting party or an observer, or meetings of international bodies responsible for providing scientific advice;
the improvement of data collection and data management systems and the implementation of pilot studies to improve existing data collection and data management systems.
CHAPTER VII
Technical assistance at the initiative of Member States
Article 78
Technical assistance at the initiative of Member States
The EMFF may support, at the initiative of a Member State, and subject to a ceiling of 6 % of the total amount of the operational programme:
the measures of technical assistance referred to in Article 59(1) of Regulation (EU) No 1303/2013;
the establishment of national networks aiming at disseminating information, capacity building, exchanging best practices and supporting cooperation between the FLAGs in the territory of the Member State.
CHAPTER VIII
The IMP measures financed under shared management
Article 79
Specific objectives
Support under this Chapter shall contribute to the achievement of the specific objectives under the Union priority set out in Article 6(6), including:
the Integrated maritime surveillance (IMS) and, in particular, the Common information sharing environment (CISE) for the surveillance of the Union maritime domain;
the promotion of the protection of the marine environment, in particular its biodiversity and marine protected areas such as Natura 2000 sites, without prejudice to Article 37 of this Regulation, and the sustainable use of marine and coastal resources, and the further definition of the boundaries of the sustainability of human activities that have an impact on the marine environment, in particular in the framework of Directive 2008/56/EC.
▼M4 —————
Article 80
Eligible operations
The EMFF may support operations in accordance with the objectives set out in Article 79, such as operations that:
contribute to achieving the objectives of the IMS and, in particular, those of the CISE;
protect the marine environment, in particular its biodiversity and marine protected areas such as Natura 2000 sites, in accordance with the obligations established in Directives 92/43/EEC and 2009/147/EC;
improve the knowledge on the state of the marine environment, with a view to establishing the monitoring programmes and the programmes of measures provided for in Directive 2008/56/EC, in accordance with the obligations established in that Directive.
TITLE VI
MEASURES FINANCED UNDER DIRECT MANAGEMENT
CHAPTER I
Integrated maritime policy
Article 81
Geographical scope
By way of derogation from Article 2, this Chapter shall also apply to operations carried out outside the territory of the Union.
Article 82
Scope and objectives
Support under this Chapter shall contribute to enhancing the development and implementation of the Union’s IMP. It shall:
foster the development and implementation of integrated governance of maritime and coastal affairs, in particular by:
promoting actions which encourage Member States and their regions to develop, introduce or implement integrated maritime governance;
promoting dialogue and cooperation with and among competent authorities of the Member States and stakeholders on marine and maritime issues, including by developing and implementing integrated sea-basin strategies taking into account a balanced approach in all sea basins as well as the specific characteristics of the sea basins and sub-sea basins, and relevant macro-regional strategies where applicable;
promoting cross-sectoral cooperation platforms and networks, including representatives of public authorities at national, regional and local level, industry including tourism, research stakeholders, citizens, civil society organisations and the social partners;
improving the cooperation between Member States through exchange of information and best practices among their competent authorities;
promoting the exchange of best practices and dialogue at international level, including bilateral dialogue with third countries, taking into account UNCLOS and the relevant international conventions based on UNCLOS, without prejudice to other agreements or arrangements which may exist between the Union and the third countries concerned. Such dialogue shall include, as appropriate, effective discussion on the ratification and implementation of UNCLOS;
enhancing the visibility of, and raising the awareness of public authorities, the private sector and the general public to an integrated approach to, maritime affairs;
contribute to the development of cross-sectoral initiatives that are mutually beneficial to different maritime sectors and/or sectoral policies, taking into account and building upon existing tools and initiatives, such as:
the IMS so as to reinforce the safe, secure and sustainable use of maritime space in particular by enhancing effectiveness and efficiency through information exchange across sectors and borders, while taking due account of existing and future cooperation mechanisms and systems;
maritime spatial planning and integrated coastal zone management processes;
the progressive development of a comprehensive and publicly accessible high quality marine data and knowledge base which shall facilitate the sharing, re-use and dissemination of those data and knowledge among various user groups, thus avoiding a duplication of efforts; for that purpose, the best use shall be made of existing Union and Member States’ programmes;
support sustainable economic growth, employment, innovation and new technologies within emerging and prospective maritime sectors, as well as in coastal, insular and outermost regions of the Union, in a way that complements established sectoral and national activities;
promote the protection of the marine environment, in particular its biodiversity and marine protected areas such as Natura 2000 sites, and the sustainable use of marine and coastal resources and to further define the boundaries of the sustainability of human activities that have an impact on the marine environment, in accordance with the objectives of achieving and maintaining a good environmental status as required by Directive 2008/56/EC.
Article 83
Eligible operations
The EMFF may support operations in accordance with the objectives set out in Article 82, such as:
studies;
projects, including test projects and cooperation projects;
public information and sharing best practices, awareness-raising campaigns and associated communication and dissemination activities such as publicity campaigns, events, the development and maintenance of websites, and stakeholder platforms;
conferences, seminars, fora and workshops;
coordination activities, including information-sharing networks, and development support for sea–basin strategies;
the development, operation and maintenance of IT systems and networks enabling the gathering, administration, validation, analysis and exchange of, and the development of sampling methods for, data, as well as interconnection to cross–sectoral data exchange systems;
training projects for the development of knowledge, professional qualifications and measures aimed at promoting professional development in the maritime sector.
In order to achieve the specific objective of developing cross–border and cross–sectoral operations set out in point (b) of Article 82, the EMFF may support:
the development and implementation of technical tools for the IMS, in particular for supporting the deployment, operation and maintenance of the CISE, with a view to promoting cross-sectoral and cross-border surveillance information exchanges interlinking all user communities, taking into account the relevant developments of sectoral policies as regards surveillance and contributing, as appropriate, to their necessary evolution;
activities of coordination and cooperation between Member States or regions in order to develop maritime spatial planning and integrated coastal zone management, including expenditure related to systems and practices of data sharing and monitoring, evaluation activities, the setting-up and running of networks of experts, and the setting-up of a programme aimed at building capacity for Member States to implement maritime spatial planning;
initiatives to co-finance, purchase and maintain marine observation systems and technical tools for designing, setting-up and running an operational European marine observation and data network system which aims to facilitate the collection, acquisition, assembly, processing, quality control, re-use and distribution of marine data and knowledge, through cooperation between Member States and/or international institutions concerned.
CHAPTER II
Accompanying measures for the CFP and the IMP under direct management
Article 84
Geographical scope
By way of derogation from Article 2, this Chapter shall also apply to operations carried out outside the territory of the Union.
Article 85
Specific objectives
Measures under this Chapter shall facilitate the implementation of the CFP and the IMP, in particular with regard to:
the collection, management and dissemination of scientific advice under the CFP;
specific control and enforcement measures under the CFP;
voluntary contributions to international organisations;
Advisory Councils;
market intelligence;
communication activities under the CFP and the IMP.
Article 86
Scientific advice and knowledge
In particular, the following types of operations shall be eligible:
studies and pilot projects needed for the implementation and development of the CFP, including those on alternative types of sustainable fishing and aquaculture management techniques, including within Advisory Councils;
the preparation and provision of scientific opinions and advice by scientific bodies, including international advisory bodies in charge of stock assessments, by independent experts and by research institutions;
the participation of experts in the meetings of working groups on scientific and technical issues related to fisheries, such as STECF, as well as in international advisory bodies and in meetings where the contribution of fishery and aquaculture experts is required;
research surveys at sea, as referred to in Article 12(2) of Regulation (EC) No 199/2008, in areas where Union vessels operate under Sustainable fisheries partnership agreements as referred to in Article 31 of Regulation (EU) No 1380/2013;
expenditure incurred by the Commission for services related to the collection, management and use of data, to the organisation and management of fisheries expert meetings and the management of annual work programmes related to fisheries scientific and technical expertise, to the processing of data calls and datasets and to the preparatory work aiming at delivering scientific opinions and advice;
cooperation activities between Member States in the field of data collection, including those between the various regional stakeholders, and including the setting–up and running of regionalised databases for the storage, management and use of data which will benefit regional cooperation and improve data collection and management activities as well as improving scientific expertise in support of fisheries management.
Article 87
Control and enforcement
In particular, the following types of operations shall be eligible:
joint purchase and/or chartering by several Member States belonging to the same geographical area, of patrol vessels, aircrafts and helicopters, provided that they are used for fisheries control for at least 60 % of the total period of use per year;
expenditure relating to the assessment and development of new control technologies, as well as of processes for the exchange of data;
all operational expenditure related to control and evaluation by the Commission of the implementation of the CFP, in particular that relating to verification, inspection and audit missions, equipment and training for Commission officials, the organisation of or participation in meetings, including the exchange of information and best practices between Member States, studies, IT services and suppliers, and the charter or purchase by the Commission of inspection means as specified in Titles IX and X of Regulation (EC) No 1224/2009.
Eligible types of operations shall include, in particular, the following:
international training programmes for personnel responsible for monitoring, control and surveillance of fisheries activities;
initiatives, including seminars and media tools, for standardising the interpretation of regulations and associated controls in the Union.
Article 88
Voluntary financial contributions to international organisations
The EMFF may support the following types of operations in the area of international relations:
financial contributions provided to the United Nations organisations as well as voluntary funding provided to any international organisation active in the field of the Law of the Sea;
financial contributions to preparations for new international organisations or the preparation of new international treaties which are of interest to the Union;
financial contributions to work or programmes carried out by international organisations which are of special interest to the Union;
financial contributions to any activity (including working, informal or extraordinary meetings of contracting parties) which upholds the interests of the Union in international organisations and strengthens cooperation with its partners in those organisations. In that regard, when the presence of representatives of third countries in negotiations and meetings in international fora and organisations becomes necessary for the interests of the Union, the EMFF may bear the costs of their participation.
Article 89
Advisory Councils
Article 90
Market intelligence
The EMFF may support the development and dissemination of market intelligence for fishery and aquaculture products by the Commission in accordance with Article 42 of Regulation (EU) No 1379/2013.
Article 91
Communication activities under the CFP and the IMP
The EMFF may support:
the costs of information and communication activities linked to the CFP and the IMP, including:
the costs of the production, translation and dissemination of material tailored to the specific needs of the different target groups in written, audiovisual and electronic format;
the costs of the preparation and organisation of events and meetings to inform, or collect the views of, the different parties concerned by the CFP and the IMP;
the travelling and accommodation costs of experts and stakeholders’ representatives invited by the Commission to meetings;
the costs of the corporate communication of the political priorities of the Union as far as they are related to the general objectives of this Regulation.
CHAPTER III
Technical assistance
Article 92
Technical assistance at the initiative of the Commission
The EMFF may support, at the initiative of the Commission and subject to the ceiling of 1,1 % of the EMFF:
the measures of technical assistance specified in Article 58 of Regulation (EU) No 1303/2013;
the preparation, monitoring and evaluation of sustainable fisheries agreements and the Union participation in regional fisheries management organisations. The measures concerned shall consist of studies, meetings, expert involvement, temporary staff costs, information activities and any other administrative costs or costs arising from scientific or technical assistance by the Commission;
the setting-up of a European network of FLAGs aimed at capacity building, disseminating information, exchanging experiences and best practices and supporting cooperation between the FLAGs. That network shall cooperate with the networking and technical support bodies for local development set up by the ERDF, the ESF and the EAFRD as regards their local development activities and transnational cooperation.
TITLE VII
IMPLEMENTATION UNDER SHARED MANAGEMENT
CHAPTER I
General provisions
Article 93
Scope
This Title shall apply to measures financed under shared management as set out in Title V.
CHAPTER II
Delivery mechanism
Article 94
Determination of co-financing rates
The operational programme shall establish the EMFF contribution rate applicable to the Union priorities set out in Article 6. The maximum EMFF contribution rate shall be 75 % and the minimum EMFF contribution rate shall be 20 % of eligible public expenditure.
By way of derogation from paragraph 2, the EMFF contribution shall be:
100 % of the eligible public expenditure for the support under storage aid referred to in Article 67;
100 % of the eligible public expenditure for the compensation regime referred to in Article 70;
50 % of the eligible public expenditure for the support referred to in points (a), (b) and (c) of Article 33(1), Article 34 and Article 41(2);
70 % of the eligible public expenditure for the support referred to in point (e) of Article 76(2);
90 % of the eligible public expenditure for the support referred to in points (a) to (d) and (f) to (l) of Article 76(2);
80 % of the eligible expenditure for the support referred to in Article 77.
Article 95
Intensity of public aid
By way of derogation from paragraph 1, Member States may apply an intensity of public aid of 100 % of the eligible expenditure of the operation where:
the beneficiary is a public law body or an undertaking entrusted with the operation of services of general economic interest as referred to in Article 106(2) TFEU, where the aid is granted for the operation of such services;
the operation is related to the storage aid referred to in Article 67;
the operation is related to the compensation regime referred to in Article 70;
the operation is related to the data collection referred to in Article 77;
the operation is related to support under Article 33 or 34 or to compensation under Article 54, Article 55 or Article 56 or Article 69(3);
the operation is related to the IMP measures referred to in Article 80.
By way of derogation from paragraph 1, Member States may apply an intensity of public aid between 50 % and 100 % of the total eligible expenditure where:
the operation is implemented under Chapter I, II or IV of Title V and fulfils all of the following criteria:
it is of collective interest;
it has a collective beneficiary;
it has innovative features, where appropriate, at local level;
the operation is implemented under Chapter III of Title V, fulfils one of the criteria referred to in points (a)(i), (ii) or (iii) of this paragraph and provides public access to its results.
Article 96
Calculation of additional costs or income foregone
Where aid is granted on the basis of additional costs or income foregone, Member States shall ensure that the relevant calculations are adequate, accurate and established in advance on the basis of a fair, equitable and verifiable calculation.
CHAPTER III
Management and control systems
Article 97
Managing authority
In addition to the general rules set out in Article 125 of Regulation (EU) No 1303/2013, the managing authority shall:
by 31 March each year, provide the Commission with relevant cumulative data on operations selected for funding until the end of the previous calendar year, including key characteristics of the beneficiary and the operation itself;
ensure publicity for the operational programme by informing potential beneficiaries, professional organisations, the economic and social partners, bodies involved in promoting equality between men and women, and the non-governmental organisations concerned, including environmental organisations, of the possibilities offered by the programme and the rules for gaining access to programme funding;
ensure publicity for the operational programme by informing beneficiaries of the Union contribution and the general public of the role played by the Union in the programme.
Article 98
Transmission of financial data
CHAPTER IV
Control by Member States
Article 99
Financial corrections by Member States
CHAPTER V
Control by the Commission
Article 100
Interruption of the payment deadline
Article 101
Suspension of payments
Article 102
Commission powers
The Commission shall be empowered to adopt delegated acts, in accordance with Article 126, defining those cases of non-compliance, referred to in Article 100, and the cases of serious non-compliance, referred to in Article 101(1), deriving from the relevant CFP rules that are essential to the conservation of marine biological resources.
Article 103
Access to information
On request by the Commission, Member States shall communicate to the Commission the laws, regulations and administrative provisions which they have adopted for implementing Union acts relating to the CFP, where those acts have a financial impact on the EMFF.
Article 104
Confidentiality
Article 105
Financial corrections by the Commission
In addition to the cases referred to in Article 22(7), Article 85 and Article 144(1) of Regulation (EU) No 1303/2013, the Commission shall adopt implementing acts making financial corrections by cancelling all or part of the Union contribution to an operational programme if, after carrying out the necessary examination, it concludes that:
expenditure contained in a payment application is affected by cases in which the beneficiary does not respect the obligations referred to in Article 10(2) of this Regulation and has not been corrected by the Member State prior to the opening of the correction procedure under this paragraph;
expenditure contained in a payment application is affected by cases of serious non-compliance with the CFP rules by the Member State which have resulted in the suspension of payment under Article 101 of this Regulation and where the Member State concerned still fails to demonstrate that it has taken the necessary remedial action to ensure compliance with and the enforcement of applicable rules in the future.
Article 106
Procedure
Article 145 of Regulation (EU) No 1303/2013 shall apply mutatis mutandis where the Commission proposes a financial correction referred to in Article 105 of this Regulation.
CHAPTER VI
Monitoring, evaluation, information and communication
Article 107
Monitoring and evaluation system
The Commission may adopt implementing acts establishing the set of indicators specific to those Union priorities. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 127(3).
Article 108
Objectives
The objectives of the common monitoring and evaluation system shall be:
to demonstrate the progress and achievements of the CFP and the IMP, to consider the general impact and to assess the effectiveness, efficiency and relevance of EMFF operations;
to contribute to better targeted support for the CFP and the IMP;
to support a common learning process related to monitoring and evaluation;
to provide robust, evidenced based evaluations of the EMFF operations that feed into the decision-making process.
Article 109
Common indicators
Article 110
Electronic information system
Article 111
Provision of information
Beneficiaries of support under EMFF, including FLAGs, shall undertake to provide to the managing authority and/or to appointed evaluators or other bodies to which the performance of functions on its behalf is delegated, all the data and information necessary to permit monitoring and evaluation of the operational programme, in particular in relation to meeting specific objectives and priorities.
Article 112
Monitoring procedures
Article 113
Functions of the monitoring committee
In addition to the functions provided for in Article 49 of Regulation (EU) No 1303/2013, the monitoring committee shall verify the performance of the operational programme and the effectiveness of its implementation. For that purpose, the monitoring committee shall:
be consulted and shall approve, within six months of the decision approving the programme, the selection criteria for the financed operations; the selection criteria shall be revised in accordance with programming needs;
examine the activities and outputs related to the evaluation plan of the programme;
examine actions in the programme relating to the fulfilment of specific ex ante conditionalities;
examine and approve the annual implementation reports before they are sent to the Commission;
examine actions to promote equality between men and women, equal opportunities, and non-discrimination, including accessibility for disabled persons.
The monitoring committee shall not be consulted on the work plans for data collection referred to in Article 21.
Article 114
Annual implementation report
In addition to the provisions of Article 50 of Regulation (EU) No 1303/2013, annual implementation reports shall include:
information on financial commitments and expenditure by measure;
a summary of the activities undertaken in relation to the evaluation plan;
information on the actions taken in cases of serious infringements as referred to in Article 10(1) of this Regulation, and of non-respect of the conditions laid down in Article 10(2) of this Regulation, as well as on remedy actions;
information on actions taken to comply with Article 41(8) of this Regulation;
information on the actions taken to ensure the publication of beneficiaries in accordance with Annex V to this Regulation, for natural persons in accordance with national law, including any applicable threshold.
Article 115
General provisions
Article 116
Ex ante evaluation
Member States shall ensure that the ex ante evaluator is involved from an early stage in the process of development of the operational programme, including the development of the analysis referred to in point (a) of Article 18(1), the design of the programme’s intervention logic and the establishment of the programme’s targets.
Article 117
Ex post evaluation
In accordance with Article 57 of Regulation (EU) No 1303/2013, an ex post evaluation report shall be prepared by the Commission in close cooperation with Member States.
Article 118
Synthesis of evaluations
A synthesis at Union level of the ex ante evaluation reports shall be undertaken under the responsibility of the Commission. The synthesis of the evaluation reports shall be completed at the latest by 31 December of the year following the submission of the relevant evaluations.
Article 119
Information and publicity
The managing authority shall be responsible in accordance with point (b) of Article 97(1) for:
ensuring the establishment of a single website or a single website portal providing information on, and access to, the operational programme in the Member State;
informing potential beneficiaries about funding opportunities under the operational programme;
publicising to Union citizens the role and achievements of the EMFF through information and communication actions on the results and impact of partnership agreements, operational programmes and operations;
ensuring that a summary of measures designed to ensure compliance with the CFP rules, including cases of non-compliance by Member States or beneficiaries, as well as of remedy actions such as financial corrections taken, is made publicly available.
The list of operations shall be updated at least every six months.
The minimum information to be set out in the list of operations, including specific information concerning operations under Articles 26, 39, 47, 54 and 56, is laid down in Annex V.
TITLE VIII
IMPLEMENTATION UNDER DIRECT MANAGEMENT
CHAPTER I
General provisions
Article 120
Scope
This Title shall apply to measures financed under direct management as set out in Title VI.
CHAPTER II
Control
Article 121
Protection of Union financial interests
The European Anti-Fraud Office (OLAF) may carry out on-the-spot checks and inspections on economic operators concerned directly or indirectly by Union funding, in accordance with the procedures laid down in Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council ( 24 ) and in Regulation (Euratom, EC) No 2185/96, with a view to establishing whether fraud, corruption or any other illegal activity has occurred affecting the financial interests of the Union in connection with a grant agreement, grant decision or a contract concerning Union funding.
Article 122
Audits
Article 123
Suspension of payments, reduction and cancellation of the financial contribution
CHAPTER III
Evaluation and reporting
Article 124
Evaluation
Article 125
Reporting
The Commission shall submit to the European Parliament and the Council:
in accordance with Article 15, an interim evaluation report on ◄ the results obtained and the qualitative and quantitative aspects of the implementation of the operations financed under this Regulation;
by 31 August 2018, a communication on the continuation of the operations financed under this Regulation.
TITLE IX
PROCEDURAL PROVISIONS
Article 126
Exercise of delegation
Article 127
Committee procedure
Where the committee delivers no opinion on a draft implementing act to be adopted pursuant to Article 95(5) of this Regulation, the Commission shall not adopt the draft implementing act and the third subparagraph of Article 5(4) of Regulation (EU) No 182/2011 shall apply.
TITLE X
FINAL PROVISIONS
Article 128
Repeal
Article 129
Transitional provisions
Article 130
Entry into force and date of application
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
This Regulation shall apply from 1 January 2014.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
ANNEX I
SPECIFIC AID INTENSITY
Type of operations |
Percentage points |
Operations related to small–scale coastal fisheries may benefit from an increase by |
30 |
Operations located in the remote Greek Islands and in the Croatian islands of Dugi Otok, Vis, Mljet and Lastovo may benefit from an increase by |
35 |
Operations located in the outermost regions may benefit from an increase by |
35 |
Operations implemented by organisations of fishermen or other collective beneficiaries outside Chapter III of Title V may benefit from an increase by |
10 |
Operations implemented by producer organisations, associations of producer organisations or interbranch organisations may benefit from an increase by |
25 |
Operations under Article 76 on control and enforcement may benefit from an increase by |
30 |
Operations under Article 76 on control and enforcement related to small–scale coastal fisheries may benefit from an increase by |
40 |
Operations under Article 41(2) concerning replacement or modernisation of main or ancillary engines shall be reduced by |
20 |
Operations implemented by enterprises that fall outside the definition of SMEs shall be reduced by |
20 |
ANNEX II
ANNUAL BREAKDOWN OF COMMITMENT APPROPRIATIONS FOR 2014 TO 2020
Description |
Period |
2014 |
2015 |
2016 |
2017 |
2018 |
2019 |
2020 |
Total |
EMFF shared management |
(2014-2020) |
788 060 689 |
798 128 031 |
805 423 852 |
818 478 098 |
837 523 233 |
843 250 018 |
858 467 679 |
5 749 331 600 |
ANNEX III
INDICATIVE DISTRIBUTION OF FUNDS UNDER CHAPTERS I AND II OF TITLE VI AMONG THE OBJECTIVES SET OUT IN ARTICLES 82 AND 85 ( 25 )
Objectives set out in Article 82:
Development and implementation of an integrated governance of maritime and coastal affairs – 6 %
Development of cross-sectorial initiatives – 24 %
Support for sustainable economic growth, employment, innovation and new technologies – 17 %
Promotion of the protection of the marine environment – 5 %
Objectives set out in Article 85:
Collection, management and dissemination of scientific advice under the CFP – 11 %
Specific control and enforcement measures under the CFP – 11 %
Voluntary contributions to international organisations – 13 %
Advisory Councils and communication activities under the CFP and the IMP – 7 %
Market intelligence, including the establishment of electronic markets – 6 %
ANNEX IV
SPECIFIC EX ANTE CONDITIONALITIES
Specific objective under the Union priority for EMFF/thematic objective (TO) |
Ex ante conditionality |
Criteria for fulfilment |
EMFF priority: 1. Promoting environmentally sustainable, resource efficient, innovative, competitive and knowledge–based fisheries. Specific objectives: (a) - (f). TO 3: enhancing the competitiveness of SMEs, of the agricultural sector (for the EAFRD) and of the fishery and aquaculture sector (for the EMFF); TO 6: preserving and protecting the environment and promoting resource efficiency; TO 8: promoting sustainable and quality employment and supporting labour mobility. |
Report on fishing capacity has been submitted in accordance with Article 22(2) of Regulation (EU) No 1380/2013. |
The report is made in accordance with common guidelines issued by the Commission Fishing capacity does not exceed the fishing capacity ceiling set up in Annex II to Regulation (EU) No 1380/2013 |
EMFF priority: 2. Fostering environmentally sustainable, resource efficient, innovative, competitive and knowledge–based aquaculture. Specific objectives: (a), (b) and (c). TO 3: enhancing the competitiveness of SMEs, of the agricultural sector (for the EAFRD) and of the fishery and aquaculture sector (for the EMFF); TO 6: preserving and protecting the environment and promoting resource efficiency; TO 8: promoting sustainable and quality employment and supporting labour mobility. |
The establishment of a multiannual national strategic plan on aquaculture, as referred to in Article 34 of Regulation (EU) No 1380/2013, by 2014. |
A multiannual national strategic plan on aquaculture is transmitted to the Commission at the latest by the day of transmission of the operational programme The operational programme includes information on the complementarities with the multiannual national strategic plan on aquaculture |
EMFF priority: 3. Fostering the implementation of the CFP. Specific objective (a). TO 6: preserving and protecting the environment and promoting resource efficiency. |
Administrative capacity: administrative capacity is available to comply with the data requirements for fisheries management set out in Article 25 of Regulation (EU) No 1380/2013 and Article 4 of Regulation (EC) No 199/2008. |
A description of the administrative capacity to prepare and apply a multiannual programme for data collection, to be reviewed by STECF and accepted by the Commission A description of the administrative capacity to prepare and implement work plans for data collection, to be reviewed by STECF and accepted by the Commission A description of the capacity in human resources allocation to undertake bilateral or multilateral agreements with other Member States if the work to implement the data collection obligations is shared |
EMFF priority: 3. Fostering the implementation of the CFP. Specific objective (b). TO 6: preserving and protecting the environment and promoting resource efficiency. |
Administrative capacity: administrative capacity is available to comply with the implementation of a Union control, inspection and enforcement system as provided for in Article 36 of Regulation (EU) No 1380/2013 and further specified in Regulation (EC) No 1224/2009. |
The specific actions include: A description of the administrative capacity to prepare and implement the section of the operational programme pertaining to the 2014-2020 national control financing programme as referred to in point (o) of Article 18(1) A description of the administrative capacity to prepare and implement the national control action programme for multiannual plans, as provided for in Article 46 of Regulation (EC) No 1224/2009 A description of the administrative capacity to prepare and implement a common control programme that may be developed with other Member States, as provided for in Article 94 of Regulation (EC) No 1224/2009 |
|
|
A description of the administrative capacity to prepare and implement the specific control and inspection programmes, as provided for in Article 95 of Regulation (EC) No 1224/2009 A description of the administrative capacity to apply a system of effective, proportionate and dissuasive sanctions for serious infringements, as provided for in Article 90 of Regulation (EC) No 1224/2009 A description of the administrative capacity to apply the point system for serious infringements, as provided for in Article 92 of Regulation (EC) No 1224/2009 |
ANNEX V
INFORMATION AND COMMUNICATION ON SUPPORT FROM THE EMFF
1. List of operations
The list of operations referred to in Article 119 shall contain, in at least one of the official languages of the Member State, the following data fields:
2. Information and publicity measures for the public
1. The Member State shall ensure that the information and publicity measures aim at the widest possible media coverage using various forms and methods of communication at the appropriate level.
2. The Member State shall be responsible for organising at least the following information and publicity measures:
a major information activity publicising the launch of the operational programme;
at least twice during the programming period major information activity which promotes the funding opportunities and the strategies pursued and presents the achievements of the operational programme;
displaying the flag or emblem, as appropriate, of the Union in front of, or at a place visible to the public, at the premises of each managing authority;
publishing electronically the list of operations in accordance with section 1;
giving examples of operations, by operational programme, on the single website or on the operational programme’s website that is accessible through the single website portal; the examples should be in a widely spoken official language of the Union other than the official language or languages of the Member State concerned;
ensuring that a specific section of the single website is dedicated to give a short summary of innovation and eco-innovation operations;
updating information about the operational programme’s implementation, including its main achievements, on the single website or on the operational programme’s website that is accessible through the single website portal;
ensuring that a summary of measures designed to ensure compliance with the CFP rules, including cases of non-compliance by Member States or beneficiaries, as well as of remedy actions such as financial corrections taken, is made publicly available.
3. The managing authority shall involve in information and publicity measures, in accordance with national laws and practices, the following bodies:
the partners referred to in Article 5 of Regulation (EU) No 1303/2013;
information centres on Europe, as well as Commission representation offices in Member States;
educational and research institutions.
Those bodies shall widely disseminate the information referred to in points (a) and (b) of Article 119(1).
3. Information measures for potential beneficiaries and beneficiaries
3.1. Information measures for potential beneficiaries
1. The managing authority shall ensure that the operational programme’s objectives and funding opportunities offered by the EMFF are disseminated widely to potential beneficiaries and all interested parties.
2. The managing authority shall ensure that potential beneficiaries are informed of at least the following:
the conditions of eligibility of expenditure to be met in order to qualify for support under an operational programme;
a description of the admissibility conditions for applications, procedures for examining applications for funding and of the time periods involved;
the criteria for selecting the operations to be supported;
the contacts at national, regional or local level that are able to provide information on the operational programmes;
that applications should propose communication activities, proportionate to the size of the operation, in order to inform the public about the operation’s aims and the Union support to the operation.
3.2. Information measures for beneficiaries
The managing authority shall inform beneficiaries that acceptance of funding constitutes an acceptance of their inclusion in the list of operations published in accordance with Article 119(2).
( 1 ) Recommendation 2002/413/EC of the European Parliament and of the Council of 30 May 2002 concerning the implementation of Integrated Coastal Zone Management in Europe (OJ L 148, 6.6.2002, p. 24).
( 2 ) Commission Regulation (EC) No 26/2004 of 30 December 2003 on the Community fishing fleet register (OJ L 5, 9.1.2004, p. 25).
( 3 ) Council Regulation (EC) No 1005/2008 of 29 September 2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing, amending Regulations (EEC) No 2847/93, (EC) No 1936/2001 and (EC) No 601/2004 and repealing Regulations (EC) No 1093/94 and (EC) No 1447/1999 (OJ L 286, 29.10.2008, p. 1).
( 4 ) Directive 2008/99/EC of the European Parliament and of the Council of 19 November 2008 on the protection of the environment through criminal law (OJ L 328, 6.12.2008, p. 28).
( 5 ) Convention drawn up on the basis of Article K.3 of the Treaty on European Union, on the protection of the European Communities’ financial interests (OJ C 316, 27.11.1995, p. 49).
( 6 ) Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (OJ L 298, 26.10.2012, p. 1).
( 7 ) Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ L 206, 22.7.1992, p. 7).
( 8 ) Directive 2010/41/EU of the European Parliament and of the Council of 7 July 2010 on the application of the principle of equal treatment between men and women engaged in an activity in a self-employed capacity and repealing Council Directive 86/613/EEC (OJ L 180, 15.7.2010, p. 1).
( 9 ) Council Regulation (EC) No 1967/2006 of 21 December 2006 concerning management measures for the sustainable exploitation of fishery resources in the Mediterranean Sea, amending Regulation (EEC) No 2847/93 and repealing Regulation (EC) No 1626/94 (OJ L 409, 30.12.2006, p. 11).
( 10 ) Regulation (EU) 2016/1139 of the European Parliament and of the Council of 6 July 2016 establishing a multiannual plan for the stocks of cod, herring and sprat in the Baltic Sea and the fisheries exploiting those stocks, amending Council Regulation (EC) No 2187/2005 and repealing Council Regulation (EC) No 1098/2007 (OJ L 191, 15.7.2016, p. 1).
( 11 ) Regulation (EU) 2019/1022 of the European Parliament and of the Council of 20 June 2019 establishing a multiannual plan for the fisheries exploiting demersal stocks in the western Mediterranean Sea and amending Regulation (EU) No 508/2014 (OJ L 172, 26.6.2019, p. 1).
( 12 ) Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds (OJ L 20, 26.1.2010, p. 7).
( 13 ) Commission Decision 2005/629/EC of 26 August 2005 establishing a Scientific, Technical and Economic Committee for Fisheries (OJ L 225, 31.8.2005, p. 18).
( 14 ) Directive 60/2000/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy (OJ L 327, 22.12.2000, p. 1).
( 15 ) Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment (OJ L 26, 28.1.2012, p. 1).
( 16 ) Council Directive 2006/88/EC of 24 October 2006 on animal health requirements for aquaculture animals and products thereof, and on the prevention and control of certain diseases in aquatic animals (OJ L 328, 24.11.2006, p. 14).
( 17 ) Council Regulation (EC) No 834/2007 of 28 June 2007 on organic production and labelling of organic products and repealing Regulation (EEC) No 2092/91 (OJ L 189, 20.7.2007, p. 1).
( 18 ) Commission Regulation (EC) No 710/2009 of 5 August 2009 amending Regulation (EC) No 889/2008 laying down detailed rules for the implementation of Council Regulation (EC) No 834/2007, as regards laying down detailed rules on organic aquaculture animal and seaweed production (OJ L 204, 6.8.2009, p. 15).
( 19 ) Regulation (EC) No 761/2001 of the European Parliament and of the Council of 19 March 2001 allowing voluntary participation by organisations in a Community eco-management and audit scheme (EMAS) (OJ L 114, 24.4.2001, p. 1).
( 20 ) Regulation (EU) No 652/2014 of the European Parliament and of the Council of 15 May 2014 laying down provisions for the management of expenditure relating to the food chain, animal health and animal welfare, and relating to plant health and plant reproductive material, amending Council Directives 98/56/EC, 2000/29/EC and 2008/90/EC, Regulations (EC) No 178/2002, (EC) No 882/2004 and (EC) No 396/2005 of the European Parliament and of the Council, Directive 2009/128/EC of the European Parliament and of the Council and Regulation (EC) No 1107/2009 of the European Parliament and of the Council and repealing Council Decisions 66/399/EEC, 76/894/EEC and 2009/470/EC (OJ L 189, 27.6.2014, p. 1).
( 21 ) Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (OJ L 343, 14.12.2012, p. 1).
( 22 ) Council Regulation (EC) No 768/2005 of 26 April 2005 establishing a Community Fisheries Control Agency and amending Regulation (EEC) No 2847/93 establishing a control system applicable to the common fisheries policy (OJ L 128, 21.5.2005, p. 1).
( 23 ) Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities’ financial interests against fraud and other irregularities (OJ L 292, 15.11.1996, p. 2).
( 24 ) Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council of 11 September 2013 concerning investigations conducted by the European Anti-Fraud Office (OLAF) and repealing Regulation (EC) No 1073/1999 of the European Parliament and of the Council and Council Regulation (Euratom) No 1074/1999 (OJ L 248, 18.9.2013, p. 1).
( 25 ) The percentages apply to the amount set out in Article 14 excluding the allocation under Article 92.