1a.

(1a)

The fisheries sector is of strategic importance for the socio-economic situation, for the public supply of fish and for the food balance of the different Member States and of the Union, as well as its considerable contribution to the socio-economic well-being of coastal communities, to local development, to employment, to the maintenance/creation of economic activities and of jobs both upstream and downstream, to the supply of fresh fish and to the maintenance of local cultural traditions;

(2)

The scope of the EMFF should cover the support of the CFP which extends to conservation, management and exploitation of marine biological resources, fresh water biological resources and– aquaculture, as well as to the processing and marketing of fishery and aquaculture products, where such activities take place on the territory of Member States, or in Union waters , including by fishing vessels flying the flag of, and registered in, third countries , or by Union fishing vessels, or by nationals of Member States, without prejudice to the primary responsibility of the flag State, bearing in mind the provisions of Article 117 of the United Nations Convention on the Law of the Sea.

(2)

The scope of the EMFF should cover the support of the CFP which extends to conservation, management and sustainable exploitation of marine biological resources, fresh water biological resources and aquaculture, as well as to the processing and marketing of fishery and aquaculture products, where such activities take place on the territory of Member States, or in Union waters, or by Union fishing vessels, or by nationals of Member States, without prejudice to the primary responsibility of the flag State, bearing in mind the provisions of Article 117 of the United Nations Convention on the Law of the Sea.

(2a)

It should be stressed that the CFP is a food-related policy, justifying public intervention through the EMFF in order to maintain the food security of citizens of the Union.

(2b)

The EMFF should take full account of the specific situation of the outermost regions pursuant to Article 349 TFEU. The situation of the outermost regions and the specific nature of the fisheries sector in them means that the CFP and the associated funds, in particular the EMFF, should be adapted to the specific features, constraints, additional costs and realities of those regions, which profoundly differ from the rest of the Union. To that end, specific measures should be authorised for these regions.

(2c)

The future EMFF should make full allowance for the problems and specific needs of small scale fisheries, bearing in mind that, in the Union, the small scale fleet is the one which employs the greatest number of people per fish caught.

(3)

The success of the Common Fisheries Policy depends on an effective system of control, inspection and enforcement as well as on reliable complete data, both for scientific advice and for implementation and control purposes; therefore the EMFF should support these policies.

(3)

The success of the Common Fisheries Policy depends on an effective system of control, inspection , including workplace inspections and enforcement as well as on reliable complete data, both for scientific advice and for implementation and control purposes; therefore the EMFF should support these policies.

(3a)

In order to foster in fishermen a sense of ownership of the CFP, thereby contributing to the correct implementation and the overall success of the CFP, the EMFF should support partnership, cooperation and dialogue between scientists and fishermen.

(4)

The scope of the EMFF should cover the support to the IMP which extends to the development and implementation of coordinated operations and decision–making in relation to the oceans, seas, coastal regions and maritime sectors complementing the different EU policies that touch upon them, notably the Common Fisheries Policies, transport, industry, territorial cohesion, environment, energy and tourism. Coherence and integration should be ensured in the management of different sectoral policies within the Baltic Sea, North Sea, Celtic Seas, Bay of Biscay and the Iberian Coast, Mediterranean and Black Sea sea basins.

(4)

The scope of the EMFF should cover the support to the IMP which extends to the development and implementation of coordinated operations and decision–making in relation to the oceans, seas, coastal regions and maritime sectors complementing the different EU policies that touch upon them, notably the Common Fisheries Policies, transport, industry, territorial cohesion, environment, energy and tourism , areas for which it is necessary to promote scientific research, professional competence and training . Coherence and integration should be ensured in the management of different sectoral policies within the Baltic Sea, North Sea, Celtic Seas, Bay of Biscay and the Iberian Coast, Mediterranean and Black Sea sea basins.

(4a)

When defining and implementing the policies and actions relating to the reform of the CFP, IMP and EMFF, the Union should take into account requirements linked to the promotion of a high level of employment, a guarantee of adequate social protection, the fight against social exclusion and a high level of education, training and protection of human health, in accordance with Article 9 TFEU.

(5)

In line with the conclusions of the European Council of 17 June 2010, whereby the Europe 2020 Strategy was adopted, the Union and Member States should implement the delivery of smart, sustainable and inclusive growth, while promoting harmonious development of the Union. In particular, resources should be concentrated to meet the Europe 2020 objectives and targets and effectiveness should be improved by an increased focus on results. The inclusion of the IMP in the new EMFF also contribute to the major policy objectives set out in the Communication from the Commission of 3 March 2010 ‘Europe 2020 — A strategy for smart, sustainable and inclusive growth (‘Europe 2020 Strategy’) and is in line with the general objectives to increase economic, social and territorial cohesion set out in the Treaty.

(5)

In line with the conclusions of the European Council of 17 June 2010, whereby the Europe 2020 Strategy was adopted, the Union and Member States should implement the delivery of smart, sustainable and inclusive growth, while promoting harmonious development of the Union. In particular, resources should be concentrated to meet the Europe 2020 objectives and targets , and in particular those linked to employment and the fight against poverty, social exclusion and climate change. Furthermore, effectiveness should be improved by an increased focus on results. The inclusion of the IMP in the new EMFF also contribute to the major policy objectives set out in the Communication from the Commission of 3 March 2010 ‘Europe 2020 — A strategy for smart, sustainable and inclusive growth (‘Europe 2020 Strategy’) and is in line with the general objectives to increase economic, social and territorial cohesion set out in the Treaty.

(6)

To ensure that the EMFF contributes to the achievement of the objectives of the CFP, the IMP and the Europe 2020 Strategy, it is necessary to focus on a limited number of core priorities relating to fostering innovation and knowledge based fisheries and aquaculture, promoting sustainable and resource–efficient fishing and aquaculture, and increasing employment and territorial cohesion by unlocking the growth and job potential of coastal and inland fisheries communities and promoting diversification of fisheries activities into other sectors of the marine economy.

(6)

To ensure that the EMFF contributes to the achievement of the objectives of the CFP, the IMP and the Europe 2020 Strategy, it is necessary to identify a range of core priorities relating to fostering innovation and knowledge based fisheries and aquaculture, promoting sustainable and resource–efficient fishing and aquaculture, and increasing employment and territorial cohesion by unlocking the growth and job potential of coastal and inland fisheries communities and promoting diversification of fisheries activities into other sectors of the marine economy.

(7a)

The EMFF should contribute to improving the standards of living of those who depend on fishing, guaranteeing better working standards for fishermen, in particular through ensuring compliance with legislation on health and safety in the workplace and with the provisions of collective labour agreements.

(7b)

In order to avoid confusion about the application and impact of specific financial measures of the EMFF on the various stakeholders who participate in the fishing sector, it is useful to introduce a clear distinction between ship owners and wage–earning fishermen, as has already been set forth in ILO Convention No 188.

(8)

The overall objective of the Common Fisheries Policy is to ensure that fishing and aquaculture activities contribute to long–term sustainable environmental conditions which are necessary for economic and social development. It should contribute moreover to increased productivity, a fair standard of living for the fisheries sector, stable markets, ensure the availability of resources and that supplies reach consumers at reasonable prices.

(8)

The overall objective of the Common Fisheries Policy is to ensure that fishing and aquaculture activities contribute to long–term economically, socially and environmentally sustainable development. It should contribute moreover to increased productivity, a fair standard of living for the fisheries sector, stable markets, ensure the availability of resources and that supplies reach consumers at reasonable prices.

(9)

It is paramount to better integrate environmental concerns into the CFP which should deliver on the objectives and targets of the Union's environmental policy and the Europe 2020 Strategy. The CFP is aimed at an exploitation of living marine biological resources that restores and maintains fish stocks at levels which can produce the maximum sustainable yield, not later than 2015 . The CFP should implement the precautionary and eco–system approaches to fisheries management . Consequently the EMFF should contribute to the protection of the marine environment as set out in the Directive 2008/56/EC of the European Parliament and the Council of 17 June 2008 establishing a framework for community action in the field of marine environmental policy (Marine Strategy Framework Directive)

(9)

It is paramount to better integrate environmental concerns into the CFP which should deliver on the objectives and targets of the Union's environmental policy and the Europe 2020 Strategy. The CFP is aimed at an exploitation of living marine biological resources that restores and maintains fish stocks at levels which can produce the maximum sustainable yield by 2015 , where possible, and in any event by 2020 . The CFP should implement a balanced approach to sustainable development, which it should achieve through fisheries planning, exploitation and management which takes into account aspirations and current social needs, without undermining the advantages that future generations should be able to derive from all the goods and services arising from marine eco–systems . Consequently the EMFF should contribute to the protection of the marine environment as set out in the Directive 2008/56/EC of the European Parliament and the Council of 17 June 2008 establishing a framework for community action in the field of marine environmental policy (Marine Strategy Framework Directive)

(9a)

The measures financed through the EMFF should comply with Articles 39 and 41 TFEU, which refer to a balanced approach in the use of labour law and effective coordination as regards vocational training.

(10)

Since the objectives of this Regulation cannot be sufficiently achieved by the Member States given the scale and effects of the operations to be financed under the operational programmes and the structural problems encountered in the development of the fisheries and maritime sectors as well as the limited financial resources of the Member States, these objectives can therefore be better achieved at Union level by providing multi–annual financial assistance focused on the relevant priorities, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5(3) of the Treaty on the European Union. In accordance with the principle of proportionality as set out in Article 5(4) of that Treaty, this Regulation does not go beyond what is necessary in order to achieve that objective.

(10)

Since the objectives of this Regulation cannot be sufficiently achieved by the Member States given the scale and effects of the operations to be financed under the operational programmes and the structural problems encountered in the development of the fisheries , aquaculture and maritime sectors as well as the limited financial resources of the Member States, these objectives can therefore be better achieved at Union level by providing multi–annual financial assistance focused on the relevant priorities, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5(3) of the Treaty on the European Union. In accordance with the principle of proportionality as set out in Article 5(4) of that Treaty, this Regulation does not go beyond what is necessary in order to achieve that objective.

(11)

The financing of the Common Fisheries Policy and Maritime Integrated Policy expenditure through a single fund, the EMFF, should address the need for simplification as well as strengthening the integration of both policies. The extension of shared management to Common Markets Organisations including the compensation for the outermost regions, control and data collection activities should further contribute to simplification and reduce the administrative burden both for the Commission and the Member States as well as achieve greater coherence and efficiency of the support granted.

(11)

The financing of the Common Fisheries Policy and Maritime Integrated Policy expenditure through a single fund, the EMFF, should address the need for simplification as well as strengthening the integration of both policies. The extension of shared management to Common Markets Organisations including the compensation for the outermost regions, control and data collection and management activities should further contribute to simplification and reduce the administrative burden both for the Commission and the Member States as well as achieve greater coherence and efficiency of the support granted.

(11a)

The financing should be as defined in point 17 of the Interinstitutional Agreement of XX/201z between the European Parliament, the Council and the Commission on cooperation in budgetary matters and sound financial management.

(11b)

Any financing should be without prejudice to the provisions of the Regulation laying down the multiannual financial framework for the years 2014–2020 and the Interinstitutional Agreement of xxx/201z between the European Parliament, the Council and the Commission on cooperation in budgetary matters and sound financial management.

(12)

The Union budget should finance the Common Fisheries Policy and the Integrated Maritime Policy expenditure through a single fund, the EFMF, either directly or in the context of shared management with the Member States. Shared management with the Member States should apply not only to measures to support fisheries, aquaculture and community–led local development but also to Common Markets Organisations and the compensation for the outermost regions, control and data collection activities. Direct management should apply to scientific advice, voluntary contributions to Regional Fisheries Management Organisations, advisory councils and operations for the implementation of an Integrated Maritime Policy. The types of measures that can be financed using the EMFF should be specified.

(12)

The Union budget should finance the Common Fisheries Policy and the Integrated Maritime Policy expenditure through a single fund, the EFMF, either directly or in the context of shared management with the Member States. Shared management with the Member States should apply not only to measures to support fisheries, aquaculture and community–led local development but also to marketing and processing measures and to the compensation for the outermost regions, control and data collection activities. Direct management should apply to the preparation of production and marketing plans, storage aid, scientific advice, voluntary contributions to Regional Fisheries Management Organisations, advisory councils and operations for the implementation of an Integrated Maritime Policy. The types of measures that can be financed using the EMFF should be specified.

(14)

According to Articles 50 and 51 of the [Regulation on the Common Fisheries Policy] (hereinafter CFP Regulation) Union financial assistance under EMFF should be made conditional upon compliance by Member States as well as by operators with the rules of the CFP. This conditionality is intended to reflect the responsibility of the Union to ensure, in public interest, conservation of marine biological resources under the CFP, as enshrined in Article 3 of the TFEU.

(14)

According to Articles 50 and 51 of the [Regulation on the Common Fisheries Policy] (hereinafter CFP Regulation) Union financial assistance under EMFF should be made conditional upon compliance by Member States as well as by operators with the rules of the CFP. This conditionality is intended to reflect the responsibility of the Union to ensure, in the public interest, the conservation of marine biological resources under the CFP, as well as to ensure respect for requirements linked to the promotion of a high level of employment and to guarantee of adequate social protection , as enshrined in Articles 3 and 9 respectively of the TFEU.

(15)

The achievement of the objectives of the CFP would be undermined if Union financial assistance under EMFF is disbursed to operators who, ex–ante, do not comply with requirements related to the public interest of conservation of marine biological resources. Therefore only operators should be admissible who , within a particular period of time before lodging an application for aid, were not 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 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 Regulation (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, and who have not committed a serious infringement under 42 of the Regulation (EC) No 1005/2008 or Article 90(1) of the Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy, amending Regulations (EC) No 847/96, (EC) No 2371/2002, (EC) No 811/2004, (EC) No 768/2005, (EC) No 2115/2005, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007, (EC) No 676/2007, (EC) No 1098/2007, (EC) No 1300/2008, (EC) No 1342/2008 and repealing Regulations (EEC) No 2847/93, (EC) No 1627/94 and (EC) No 1966/2006. or other cases of non–compliance with CFP rules which particularly jeopardise the sustainability of the stocks concerned and constitute a serious threats to the sustainable exploitation of living marine biological resources that restores and maintains populations of harvested species above levels which can produce the Maximum Sustainable Yield (hereinafter MSY).

(15)

The achievement of the objectives of the CFP would be undermined if Union financial assistance under EMFF is disbursed to operators who, ex–ante, do not comply with requirements related to the public interest of conservation of marine biological resources. Therefore operators should only be admissible on condition that , within a particular period of time before lodging an application for aid, they were not 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 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 Regulation (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, and they were not involved in the operation, management or ownership of fishing vessels flagged to countries identified as non–cooperating third countries as referred to in Article 33 of Regulation (EC) No 1005/2008. Equally, operators should only be admissible on condition that they have not committed a serious infringement under Article 42 of the Regulation (EC) No 1005/2008 or Article 90(1) of the Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy, amending Regulations (EC) No 847/96, (EC) No 2371/2002, (EC) No 811/2004, (EC) No 768/2005, (EC) No 2115/2005, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007, (EC) No 676/2007, (EC) No 1098/2007, (EC) No 1300/2008, (EC) No 1342/2008 and repealing Regulations (EEC) No 2847/93, (EC) No 1627/94 and (EC) No 1966/2006. or other cases of non–compliance with CFP rules which particularly jeopardise the sustainability of the stocks concerned and constitute a serious threats to the sustainable exploitation of living marine biological resources that restores and maintains populations of harvested species above levels which can produce the Maximum Sustainable Yield (hereinafter MSY).

(17)

The consequences laid down for the failure to fulfil the eligibility conditions should apply in case of infringements of the CFP rules by the beneficiaries. In order to determine the amount of ineligible expenditure, the gravity of the non compliance by the beneficiary with CFP rules, the economic advantage derived from the non–compliance with CFP rules or the importance of the EMFF contribution to the economic activity of the beneficiary should be taken into account.

(17)

The consequences laid down for the failure to fulfil the eligibility conditions should apply in case of infringements of the CFP rules by the beneficiaries. In order to determine the amount of ineligible expenditure, the gravity (including the extent, duration and any re–occurrence) of the non compliance by the beneficiary with CFP rules, the economic advantage derived from the non–compliance with CFP rules or the importance of the EMFF contribution to the economic activity of the beneficiary should be taken into account.

(18)

The achievement of the objectives of the CFP would also be undermined if Union financial assistance under EMFF is paid to Member States who do not comply with their obligations under the CFP rules related to the public interest of conservation of marine biological resources, such as collecting data and implementing the control obligations. Moreover, without complying with those obligations there is a risk that inadmissible beneficiaries or ineligible operations are not detected by the Member States.

(18)

The achievement of the objectives of the CFP would also be undermined if Union financial assistance under EMFF is paid to Member States who do not comply with their obligations to strike a balance between the fishing fleet and the fishing opportunities in accordance with Article 34(1) of the CFP Basic Regulation or their obligations under the CFP rules related to the public interest of conservation of marine biological resources, such as collecting data and implementing the control obligations. Moreover, without complying with those obligations there is a risk that inadmissible beneficiaries or ineligible operations are not detected by the Member States.

(19)

As precautionary measures, in order to prevent that non compliant payments take place as well as incentivise the Member State to comply with CFP rules or require compliance by the beneficiary, interruption of the payment deadline and suspension of payments, which are timely limited in their scope of application, should both be used. In order to respect the principle of proportionality, the financial corrections which have definite and irrevocable consequences should only apply to expenditure directly linked to operations during which the cases of non–compliance with CFP rules have been committed.

(20)

In order to improve coordination and harmonise implementation of the Funds providing support under the cohesion policy, namely the European Regional Development Fund (ERDF), the European Social Fund (ESF) and the Cohesion Fund (CF), with the Funds for rural development, namely the European Agricultural Fund for Rural Development (EAFRD), and for the maritime and fisheries sector, namely the European Maritime and Fisheries Fund (EMFF), common provisions have been established for all these Funds (the ‘CSF Funds’) in the [Regulation (EU) No […] laying down Common Provisions]. In addition to this Regulation, the EMFF contains specific provisions due to the particularities of the CFP and the IMP.

(20)

In order to improve coordination and harmonise implementation of the Funds providing support under the cohesion policy, namely the European Regional Development Fund (ERDF), the European Social Fund (ESF) and the Cohesion Fund (CF), with the Funds for rural development, namely the European Agricultural Fund for Rural Development (EAFRD), and for the maritime and fisheries sector, namely the European Maritime and Fisheries Fund (EMFF), common provisions have been established for all these Funds (the ‘CSF Funds’) in the [Regulation (EU) No […] laying down Common Provisions]. It should also be stressed that the Funds may be used in a complementary manner so that the priorities of the Union's cohesion policy and the Europe 2020 strategy can be achieved more efficiently; attention should be drawn in this connection to the need for synergy between the EMFF and the ESF in order to achieve the key objectives relating to employment and the fight against poverty and social exclusion. In addition to this Regulation, the EMFF contains specific provisions due to the particularities of the CFP and the IMP.

(22)

Action by the Union should be complementary to action carried out by Member States or seek to contribute to that action. In order to ensure significant added value the partnership between the Commission and Member States should be strengthened through arrangements for the participation of various types of partners with full regard to the institutional competences of the Member States. Particular attention should be paid to ensuring adequate representation for women and minority groups. This partnership concerns regional, local and other public authorities, as well as other appropriate bodies, including those responsible for the environment and for the promotion of equality between men and women, the economic and social partners and other competent bodies. The partners concerned should be involved in the preparation of Partnership Contracts, as well as in the preparation, implementation, monitoring and evaluation of programming.

(22)

In order to ensure significant added value the partnership between the Commission , the Member State authorities and the various types of partners should be strengthened through arrangements for the participation of these players including the social partners concerned, with full regard to the institutional competences of the Member States. This partnership concerns regional, local and other public authorities, as well as other appropriate bodies, including those responsible for the environment and for the promotion of equality between men and women, the economic and social partners, the fishing industry and other competent bodies. Given the specific nature of the fishing sector, provision should be made to guarantee the participation of economic and social partners representing the various subsectors and territorial levels, scientific research organisations and national and regional networks of fisheries local action groups (FLAGs). Particular attention should be paid to ensuring adequate representation for women and minority groups. The partners concerned should be involved in the preparation of Partnership Contracts, as well as in the preparation, implementation, monitoring and evaluation of programming.

(24)

The Commission should establish an annual breakdown by Member States of available commitment appropriations using objective and transparent criteria; these criteria should include the historical allocations under Council Regulation (EC) No 1198/2006 and the historical consumption under Council Regulation (EC) No 861/2006.

(24)

The Commission should establish an annual breakdown by Member States of available commitment appropriations using objective and transparent criteria; these criteria should include the history of allocations under Council Regulation (EC) No 1198/2006 and the historical consumption under Council Regulation (EC) No 861/2006.

(25)

The fulfilment of certain ex–ante conditionalities is of outmost importance in the context of the CFP, especially as regards the submission of a Multiannual National Strategy Plan on Aquaculture and proven administrative capacity to comply with the data requirements for fisheries management and to enforce with the implementation of a Union control, inspection and enforcement system.

(25)

The fulfilment of certain ex–ante conditionalities is of outmost importance in the context of the CFP, especially as regards the submission of a Multiannual National Strategy Plan on Aquaculture and proven administrative capacity to comply with the data requirements for fisheries management and to enforce with the implementation of a Union control, inspection and enforcement system ; and to ensure the implementation of Union law on working conditions, particularly that related to safety, health, education and training .

(26)

In line with the goal of simplification, all activities of the EMFF which fall under shared management, including control and data collection, should take the form of one single operational programme per Member State, in accordance with its national structure. The programming exercise shall cover the period from 1 January 2014 to 31 December 2020. Each Member State should prepare a single operational programme. Each programme should identify a strategy for meeting targets in relation to the Union priorities for the EMFF and a selection of measures. Programming should comply with Union priorities, while being adapted to national contexts and complement the other Union policies, in particular rural development policy and cohesion policy .

(26)

In line with the goal of simplification, all activities of the EMFF which fall under shared management, including control and data collection, should take the form of one single operational programme per Member State, in accordance with its national structure. The programming exercise shall cover the period from 1 January 2014 to 31 December 2020. Each Member State should prepare a single operational programme. Each programme should identify a strategy for meeting targets in relation to the Union priorities for the EMFF and a selection of measures. Programming should comply with Union priorities, while being adapted to national and regional contexts , in particular the specific characteristics of the outermost regions, and complement other Union policies, while maintaining the current management and control system, so as not to generate additional costs or cause delays to the implementation of programmes .

(30)

Member States should draw up the section on data collection of the Operational Programme in line with a Multiannual Union programme; In order to adapt to the specific needs of data collection activities, Member States should elaborate annual work plan which should adapted annually under the guidance of the Commission and which should subject to its approval.

(30)

Member States should draw up the section on data collection of the Operational Programme in line with a Multiannual Union programme; In order to adapt to the specific needs of data collection and management activities, Member States should elaborate annual work plan which should adapted annually under the guidance of the Commission and which should subject to its approval.

(31)

In order to increase the competitiveness and economic performance of fishing activities it is vital to stimulate innovation and entrepreneurship. Therefore the EMFF should support innovative operations and business development.

(31)

In order to increase the competitiveness and economic performance of fishing activities it is vital to stimulate innovation and entrepreneurship. Therefore the EMFF should support innovative operations and the ecologically sustainable development of businesses, in accordance with the precautionary principle and an ecosystem–based approach .

(31a)

As a consequence of the economic turbulence of recent years due to the financial crisis, many young people are experiencing difficulties in gaining the finance needed to enter the fisheries sector. EMFF support should therefore focus inter alia on helping young people gain access to the fishing sector by, for example, by contributing to first–time business start–ups.

(32)

Investment in human capital is also vital to increase the competitiveness and economic performance of fishing and maritime activities. Therefore, the EMFF should support lifelong learning, co–operation between scientists and fishermen stimulating the dissemination of knowledge as well as for advisory services helping to improve the overall performance and competitiveness of operators.

(32)

Investment in human capital is also vital to increase the competitiveness and economic performance of fishing and maritime activities. Therefore, the EMFF should support vocational training (which in addition to covering technical issues should also target knowledge of sustainable fisheries management and the proper handling of fish with a view to achieving greater profitability), improved health and safety and hygiene standards at work, lifelong learning, co–operation between scientists and fishermen stimulating the dissemination of knowledge as well as for advisory services helping to improve the overall performance and competitiveness of operators. In addition, it is important for the EMFF to promote generational renewal and rejuvenate the profession by creating specific mechanisms to encourage young people to enter the sector, namely by raising the status of the fishing profession through ensuring better health and safety and welfare standards on board, training and vocational training, and increased income.

(32a)

The EMFF should support small scale fisheries in order to address issues that are specific to that segment, and to support local, sustainable management of the fisheries involved and the development of coastal communities.

(32b)

Whereas small enterprises have difficulty accessing Community aid, the EMFF should encourage the deployment of collective projects and support technical assistance for those responsible for such projects.

(32c)

The EMFF should support sustainable locally based fisheries management and the development of coastal communities.

(32d)

The EMFF should foster the involvement of small fishing operators in the small scale coastal and inland sectors in devising joint projects and should provide technical assistance to the project leaders.

(33)

Recognising the importance of the role that spouses of self–employed fishermen play in small scale coastal fishing, the EMFF should support training and networking contributing to their professional development and giving them the means to better fulfil the ancillary tasks they traditionally perform.

(33)

Recognising the importance of the role that spouses of self–employed fishermen play in small scale coastal fishing, the EMFF should support lifelong training and networking contributing to their professional development and giving them the means to better fulfil the ancillary tasks they traditionally perform or other tasks arising from the diversification of fishing activities .

(33a)

The EMFF should provide support for social dialogue at European, national, regional and local level, involving the social partners and enhancing their organisational capabilities.

(33b)

Ancillary fishing and aquaculture activities, designated as such by the Member States — such as those that could be carried out by the net makers, bait suppliers, packers and others dealing directly with fishermen — should be eligible for support from the EMFF for developing their specific activities in order to contribute to improving the functioning of the sector.

(34)

Conscious of the weak presence of small scale coastal fishermen in the social dialogue , the EMFF should support organisations promoting this dialogue in the appropriate fora

(34)

Conscious of the social and territorial importance of coastal fishermen, the EMFF should support organisations that promote the social dialogue of the coastal fishing sector in the appropriate fora

(34a)

(35)

Conscious of the potential that diversification offers for small scale coastal fishermen and their crucial role in coastal communities, the EMFF should help diversification by covering business start–ups and investments for the retrofitting of their vessels , in addition to the relevant training to acquire professional skills in the relevant field outside fishing activities .

(35)

The EMFF should help create jobs by covering business start–ups in the fisheries sector and the development of complementary activities linked to fishing activity , in addition to the relevant training to acquire adequate professional skills.

(35a)

In order to ensure generational renewal in the fisheries sector it is important for the EMFF to encourage young people to enter fishing, in particular through incentives for young fishermen who are acquiring a vessel for the first time.

(35b)

It should be borne in mind that the International Labour Organisation (ILO) considers fishing to be a hazardous occupation by comparison with other occupations, and that various conventions and recommendations have been signed or adopted by that organisation with the aim of promoting decent working conditions for fishermen. The principles contained in such conventions and recommendations should serve as guiding principles for better use of EMFF resources.

(36)

In order to address health and safety needs on board, the EMFF should support investments covering safety and hygiene on board.

(36)

In order to address health and safety needs on board, the EMFF should support investments covering safety and hygiene on board and improvements in the habitability of vessels .

(37)

As a result of the establishment of systems of transferable fishing concessions envisaged in Article 27 of the [CFP Regulation] and in order to support Member States in the implementation of these new systems, the EMFF should grant support in terms of capacity building and exchange of best practices.

(37a)

Recognising the importance of maritime heritage, the EMFF should support investments for the protection and preservation of maritime heritage and related traditional crafts;

(38)

The introduction of the transferable fishing concessions systems should make the sector more competitive. Consequently, there may be a need for new professional opportunities outside the fishing activities. Therefore, the EMFF should support the diversification and job creation in fishing communities in particular by supporting business start–ups and the reassignment of vessels for maritime activities outside fishing activities of small scale coastal fishing vessels. This last operation seems to be appropriate as the small scale coastal fishing vessels are not covered by the transferable fishing concessions systems.

(38a)

In line with the objective of creating jobs included in the Europe 2020 strategy, the EMFF should also provide resources for facilitating the adoption of measures for creating and improving employment levels throughout the whole fishing industry, from catching and aquaculture to processing and marketing.

(38b)

In order to create a sustainable future for the fishing sector, it is important for the EMFF to promote job creation in fishing communities, in particular by supporting new business start–ups and by helping young people to enter professions in the fisheries sector.

(39)

The objective of the Common Fisheries Policy is to ensure a sustainable exploitation of fish stocks. Overcapacity has been identified as a major driver for overfishing. It is therefore paramount to adapt the Union fishing fleet to the resources available. The removal of overcapacity through public aid such as temporary or permanent cessation and scrapping schemes has proven ineffective. The EMFF will therefore support the establishment and management of systems of transferable fishing concessions aiming at the reduction of overcapacity and increased economic performance and profitability of the operators concerned.

(40)

With overcapacity being one of the key drivers of overfishing, measures need to be taken to adapt the Union fishing fleet to the resources available; in this context, the EMFF should support the establishment, modification and management of the systems of transferable fishing concessions introduced by the CFP as management tools for reducing overcapacity.

(40a)

Member States which do not fulfil their data collection and transmission obligations or fail to report their actual fishing fleet capacity should have their funds from the EMFF frozen or decreased.

(40b)

In order to guarantee that Member States respect the fishing capacity ceilings established in Annex II [to Regulation (EU) No …/…. on the CFP], the Commission should be authorised to suspend all or part of the payments and commitments for the operational programmes of Member States that fail to respect their capacity ceilings, following a review conducted 3 years after the entry into force of this Regulation.

(40c)

Member States which do not fulfil their data collection and transmission obligations or fail to report their actual fishing fleet and capacity should have their funds from the EMFF frozen or decreased.

(40d)

In order to safeguard fishermens' incomes, contributions should be made from the EMFF to mutual funds that cover losses resulting from natural disasters, bad weather, environmental or health–related accidents or sharp rises in fuel prices.

(41)

It is paramount to integrate environmental concerns into the EMFF and support the implementation of conservation measures under the CFP taking however into account the diverse conditions throughout the Union waters. For this purpose it is essential to develop a regionalised approach to conservation measures.

(41)

It is paramount to integrate environmental concerns into the EMFF and support the implementation of conservation measures under the CFP taking however into account the diverse conditions throughout the Union waters. For this purpose it is essential to develop a regionalised approach to conservation measures , through a multi–annual approach to fisheries management, establishing as a priority multi–annual plans reflecting the biological specificities of different species and the special characteristics of each fishery .

(41a)

It is critically important to mitigate the negative impact of climate change in coastal and marine ecosystems. The EMFF should support investments to reduce the contribution of the fishing sector to emissions of greenhouse gases as well as projects that aim to protect and restore seagrass beds and coastal wetlands which are major carbon sinks.

(42)

In the same vein, the EMFF should support the reduction of the impact of fishing on the marine environment in particular through the promotion of eco innovation , more selective gears and equipment as well as measures aiming at protecting and restoring marine biodiversity and ecosystems and the services they provide, in line with the EU Biodiversity Strategy to 2020.

(42)

In the same vein, the EMFF should support the reduction of the negative impact of fishing on the marine environment, support the reduction of greenhouse gas emissions, promote more selective gears and equipment and support the development of more fuel–efficient vessels. The EMFF should, in particular, promote eco-innovation in connection with hulls, engines and gear, as well as measures aiming at protecting and restoring marine biodiversity and ecosystems and the services they provide, in line with the EU Biodiversity Strategy to 2020 and the headline targets of the Europe 2020 Strategy on climate change .

(42a)

In order to contribute to the positive development of water sources and to the maintenance of fishing outside the closed season, the EMFF should be able to support biological seasons, whenever those seasons, when they occur during certain critical phases of the species’ life cycle, are necessary for the sustainable exploitation of fisheries resources.

(42b)

In order to minimise the impact of fishing on marine ecosystems, the EMFF should support the establishment, management, monitoring and control of a coherent network of fish stock recovery areas.

(43a)

Recognising the risks involved in investing in fishing activities, the EMFF should contribute to business security by covering access to insurance against variables of production, thereby safeguarding the income of producers in the event of abnormal production losses due, in particular, to natural disasters, adverse climatic events, sudden water quality changes, diseases or pest infestations and destruction of production tools.

(44)

Conscious of the importance of fishing ports, landing sites and shelters, the EMFF should support relevant investments in particular to increase energy efficiency, environmental protection, the quality of the product landed, as well as safety and working conditions.

(44)

Conscious of the importance of fishing ports, auctions, landing sites and shelters, the EMFF should support relevant investments in particular to increase energy efficiency, environmental protection, the quality of the product landed, as well as safety and working conditions.

(44a)

With a view to promoting small scale coastal fishing, Member States should attach to their operational programmes action plans for developing such fishing and for ensuring that it is competitive and sustainable.

(44b)

The EMFF should support the establishment of a coherent network of fish stock recovery areas, in which all fishing activities are prohibited, and which include areas important for fish productivity, in particular nursery grounds, spawning grounds and feeding grounds for fish stocks.

(44c)

Some EMFF provisions need to be adjusted in order to meet the needs of outermost regions while continuing to pursue the core objective of ensuring that fishing and aquaculture are sustainable and responsible. The EMFF should, in particular, take account of the fact that some of those regions are lagging behind in terms of resource assessment, infrastructure, organisation of the industry and monitoring of activity and production. The EMFF should therefore be used to modernise the sector, especially its infrastructure, and to renew and modernise its production resources, having due regard for the specific circumstances in outermost region sea basins and resource availability.

(45)

It is vital for the Union that a sustainable balance be achieved between fresh water resources and their exploitation; therefore having due regard to environmental impact while ensuring that these sectors retain economic viability, appropriate provisions should support inland fishing.

(45)

It is vital for the Union that a sustainable balance be achieved between fresh water resources and their exploitation , in view of the fact that river basins, estuaries and coastal lagoons are privileged breeding habitats and act as hatcheries for many species of juvenile fish, having due regard to environmental impact while ensuring that these sectors retain economic viability, appropriate provisions should support inland fishing.

(46)

In line with the Commission's Strategy for the Sustainable Development of European Aquaculture, the CFP objectives and Europe 2020 Strategy, the EMFF should support the environmentally, economically and socially sustainable development of the aquaculture industry.

(46)

In line with the Commission's Strategy for the Sustainable Development of European Aquaculture, the CFP objectives and Europe 2020 Strategy, the EMFF should support the environmentally, economically and socially sustainable development of the aquaculture industry , focussing, in particular, on promoting eco innovation, reducing dependence on fish meal and oil, improving the welfare of farmed organisms and promoting organic and closed system aquaculture .

(46a)

Due to the potential impact on wild marine populations of escapes of farmed animals from aquaculture sites, the EMFF should not provide incentives for the farming of exotic species or genetically modified organisms.

(47)

Aquaculture contributes to growth and jobs in coastal and rural regions. Therefore, it is crucial that the EMFF is accessible to aquaculture enterprises, in particular SMEs and contributes to bringing new aquaculture farmers into the business. In order to increase the competitiveness and economic performance of aquaculture activities it is vital to stimulate innovation and entrepreneurship. Therefore the EMFF should support innovative operations and business development, in particular non–food and off–shore aquaculture.

(47)

Aquaculture contributes to growth and jobs in coastal and rural regions. Therefore, it is crucial that the EMFF is accessible to aquaculture enterprises, regardless of their size, and contributes to bringing new aquaculture farmers into the business. In order to increase the competitiveness and economic performance of aquaculture activities it is vital to stimulate innovation and entrepreneurship. Therefore the EMFF should support innovative operations and the business development of aquaculture enterprises in general , including non–food and off–shore aquaculture.

(48)

New forms of income combined with aquaculture activities have already shown their added value for business development. Therefore the EMFF should support these complementary activities outside aquaculture such as angling–tourism, educational or environmental activities.

(48)

New forms of income combined with aquaculture activities have already shown their added value for business development. Therefore the EMFF should support these complementary activities outside aquaculture, such as angling–tourism, aquaculture tourism that promotes the aquaculture sector and its products, educational or environmental activities.

(49)

Another important form of increasing the income of aquaculture enterprises is adding value to their products by processing and marketing their own production, as well as introducing new species with good market prospects and thus diversifying their production.

(49)

Another important form of increasing the income of aquaculture enterprises is adding value to their products by processing and marketing their own production, as well as introducing new species which are biologically compatible with existing species with good market prospects and thus diversifying their production.

(50)

Conscious of the need to identify the most suitable areas for developing aquaculture taking into account access to waters and space, the EMFF should support national authorities in making their strategic choices at national level.

(50)

Conscious of the need to identify the most suitable geographical areas for developing aquaculture taking into account access to waters and space and the importance of developing a precautionary approach to guarantee stock sustainability , the EMFF should support national authorities in making their strategic choices at national level and should support regional authorities in developing their regional variations .

(51)

Investment in human capital is also vital to increase the competitiveness and economic performance of aquaculture activities. Therefore, the EMFF should support lifelong learning and networking stimulating the dissemination of knowledge as well as advisory services helping to improve the overall performance and competitiveness of operators.

(51)

Investment in human capital is also vital to increase the competitiveness and economic performance of aquaculture activities. Therefore, the EMFF should support lifelong learning and networking stimulating the dissemination and exchange of knowledge and good practices, through all the competent advisory services (in terms of materials available), including professional associations, so that they can help to improve the overall performance and competitiveness of operators.

(51a)

Given the need to identify geographical areas with a greater potential for the development of aquaculture in terms of access to both water and land, the EMFF should support the national and regional authorities in their strategic choices, particularly regarding the definition and mapping of the zones which may be considered most suitable to the development of aquaculture, taking into account, if relevant, the maritime spatial planning process.

(52)

In order to promote environmentally sustainable aquaculture, the EMFF should support aquaculture activities which are highly respectful of the environment, the conversion of aquaculture enterprises to eco–management , the use of audit schemes as well as the conversion to organic aquaculture. In the same vein, the EMFF should also support aquaculture providing for special environmental services.

(52)

In order to promote environmentally , socially and economically sustainable aquaculture, the EMFF should support aquaculture activities which are highly respectful of the environment, the conversion of aquaculture enterprises to sustainable management , the use of audit schemes as well as the conversion to organic aquaculture. In the same vein, the EMFF should also support aquaculture, providing for special environmental services and services of public interest .

(53)

Conscious of the importance of consumer protection, the EMFF should ensure adequate support to farmers in order to prevent and mitigate the risk for public and animal health that aquaculture rearing may generate.

(53)

Conscious of the importance of consumer protection, the EMFF should ensure adequate support to farmers in order to prevent and mitigate the risk for public and animal health that aquaculture rearing may generate , particularly through programmes designed to reduce the dependency of aquaculture activities on veterinary products .

(53a)

The EMFF should support the establishment of a coherent network of fish stock recovery areas, which include areas important for fish productivity, in particular nursery grounds, spawning grounds and feeding grounds for fish stocks and in which all fishing activities are prohibited.

(54)

Recognizing the risk of investments in aquaculture activities, the EMFF should contribute to business security by covering access to stock insurance and therefore safeguarding the income of producers in case of abnormal production losses due in particular to natural disasters, adverse climatic events, sudden water quality changes, diseases or pest infestations and destruction of production facilities.

(54)

Recognizing the risk of investments in aquaculture activities, the EMFF should contribute to business security by covering access to stock insurance or by supporting the development of mutual funds, and therefore safeguarding the income of producers in case of abnormal production losses due in particular to natural disasters, adverse climatic events, sudden water quality changes, diseases or pest infestations and destruction of production facilities.

(55)

Considering that the community–led approach for local development has, over a number of years, proven its utility in promoting the development of fisheries and rural areas by fully taking into account the multi–sectoral needs for endogenous development, support should be continued and reinforced in the future.

(55)

Considering that the community–led approach for local development has, over a number of years, proven its utility in promoting the development of fishing and rural communities by fully taking into account the multi–sectoral needs for endogenous development, support should be continued and reinforced in the future.

(56)

In fisheries areas, community–led local development should encourage innovative approaches to create growth and jobs, in particular by adding value to fisheries products and diversifying the local economy towards new economic activities, including those offered by ‘blue growth’ and the broader maritime sectors.

(56)

In fisheries areas, community–led local development should encourage innovative approaches to create growth and jobs, in particular by adding value to fisheries products and diversifying the local economy also towards new economic activities, including those offered by ‘blue growth’ and the broader maritime sectors.

(57)

The sustainable development of fisheries areas should contribute to the EU 2020 objectives of promoting social inclusion and poverty reduction and to fostering innovation at local level as well as to the objective of territorial cohesion, a main priority in the Lisbon Treaty.

(57)

The sustainable development of fisheries areas should contribute to the EU 2020 objectives of promoting social inclusion and poverty reduction , to raising employment rates and to fostering innovation , including social innovation, at local level as well as to the objective of territorial cohesion, a main priority in the Lisbon Treaty.

(58)

Community–led local development should be implemented through a bottom–up approach by local partnerships that are composed of representatives of the public, private and civil society sectors and mirror correctly the local society; these local actors are best placed to draw up and implement integrated multi–sectoral local development strategies to meet the needs of their local fisheries areas ; it is important in order to ensure the representativeness of local action groups that no single interest groups has more than 49 % of the voting right in the decision–making bodies.

(58)

Community–led local development should be implemented through a bottom–up approach by local partnerships that are composed of representatives of the public, private and civil society sectors and mirror correctly the local society; these local actors are best placed to draw up and implement integrated multi–sectoral local development strategies to meet the needs of their local fisheries areas . It is important, in order to ensure that local action groups are representative and that the actions of those groups address the challenges in the fisheries and aquaculture sectors, that fishermen and/or fish farmers make up the majority of the economic actors represented in the decision–making bodies.

(60)

The support to fisheries areas through the EMFF should be coordinated with the local development support offered by other Union Funds and should cover all aspects of the preparation and implementation of local development strategies and operations of local action groups as well as the costs of animating the local area and running the local partnership.

(60)

The support to fisheries areas through the EMFF should be coordinated with the local development support offered by other Union Funds and should cover all aspects of the preparation and implementation of local development strategies and operations of local action groups as well as the costs of animating the local area and running the local partnership. That support should include the possibility of receiving technical, especially financial engineering assistance in setting up local development projects, especially for small scale coastal fishing and fishing in inland waters.

(61)

In order to ensure the viability of fisheries and aquaculture in a highly competitive market, it is necessary to lay down provisions granting support for the implementation of the [Regulation (EU) No on the common organisation of the markets in fishery and aquaculture products]1 as well as for marketing and processing activities carried by operators to maximise the value of fisheries and aquaculture products. Particular attention should be paid to the promotion of operations which integrate producing, processing and marketing activities of the supply chain. In order to adapt to the new discard ban policy, the EMFF should also support the processing of unwanted catches.

(61)

In order to ensure the viability of fisheries and aquaculture in a highly competitive market, it is necessary to lay down provisions granting support for the implementation of the [Regulation (EU) No on the common organisation of the markets in fishery and aquaculture products]1 as well as for marketing and processing activities carried by operators to maximise the value of fisheries and aquaculture products. Particular attention should be paid to the promotion of operations which integrate producing, processing and marketing activities of the supply chain.

(62)

Priority should be given to producer organisations and associations of producer organisations by granting them support. The compensation for storage aid and aid for production and marketing plans should gradually be phased out as the importance of this particular kind of support has lost its interest in the light of the evolving structure of the Union market for this kind of products and the growing importance of strong producer's organisations.

(62)

Priority should be given to producer organisations and associations of producer organisations by granting them support.

(63)

Recognising the growing competition small scale coastal fishermen are confronted to , the EMFF should support entrepreneurial initiatives of small scale coastal fishermen adding value to the fish they catch, in particular by carrying out the processing or direct marketing of the fish they catch.

(63)

Recognising the growing competition with which small scale coastal fishermen are confronted and the dependency of certain coastal communities on fishing , the EMFF should support entrepreneurial initiatives of small scale coastal fishermen adding value to the fish they catch, in particular by carrying out the processing or direct marketing of the fish they catch.

(63a)

The EMFF should support entrepreneurial initiatives and joint initiatives aiming to achieve the objectives of the Union in the areas of environmental protection and the preservation of fish stocks through the establishment of joint aqua–environmental measures, in particular for fishing in inland waters.

(64)

Fishing activities in the outermost regions of the European Union are facing difficulties, in particular because of the additional costs incurred in the marketing of certain fishery products, due to the particular handicaps recognised by Article 349 of the Treaty on the Functioning of the European Union.

(64)

Given that fishing activities in the outermost regions of the European Union are facing difficulties, in particular because of their remoteness and special climatic conditions, the EMFF should take into account the particular handicaps recognised by Article 349 of the Treaty on the Functioning of the European Union.

(65)

In order to maintain the competitiveness of certain fishery products from the outermost regions of the European Union compared with that of similar products from other European Union’s regions, the European Union introduced measures in 1992 to compensate for the related additional costs in the fisheries sector. The measures applying for the period 2007–2013 are laid down in Council Regulation (EC) No 791/20071. It is necessary to continue providing support to offset the additional costs for the marketing of certain fishery products as of 1 January 2014.

(65)

In order to maintain the competitiveness of certain fishery products from the outermost regions of the European Union compared with that of similar products from other European Union’s regions, the European Union introduced measures in 1992 to compensate for the related additional costs in the fisheries sector. The measures applying for the period 2007–2013 are laid down in Council Regulation (EC) No 791/20071. Given the difficulties encountered by fishing activities in the outermost regions, it is necessary to increase support to offset the additional costs for the marketing of certain fishery products as of 1 January 2014.

(66)

In view of the different marketing conditions in the outermost regions concerned, the fluctuations in captures and stocks and of market demands, it should be left to the Member States concerned to determine the fishery products eligible for compensation, their respective maximum quantities and the compensation amounts within the overall allocation per Member State.

(66)

In view of the different production, processing and marketing conditions for fishery and aquaculture products in the outermost regions concerned, and the fluctuations in captures and stocks and of market demands, it should be left to the Member States concerned to determine the fishery and aquaculture products or product categories that are to be eligible for compensation, their respective maximum quantities and the compensation amounts within the overall allocation per Member State.

(68)

Member States should set the compensation amount at a level which allows appropriate off–setting of additional costs, arising from the specific handicaps of the outermost regions and in particular from the costs of transporting the products to mainland Europe. To avoid overcompensation, the amount should be proportional to the additional costs the aid off–sets and in no case exceed 100 % of the transport and other related costs to mainland Europe. To this end, it should also take into account other types of public intervention having an impact on the level of additional costs .

(68)

Member States should set the compensation amount at a level which allows appropriate off–setting of additional costs, arising from the specific handicaps of the outermost regions and in particular from the costs of transporting the products to mainland Europe..

(69)

It is paramount that Member States and operators are equipped in such a way that controls can be carried out to a high standard and therefore ensure compliance with the rules of the Common Fisheries Policy while providing for the sustainable exploitation of living aquatic resources; the EMFF should therefore support Member States and operators in conformity with Council Regulation (EC) No 1224/2009. By creating a culture of compliance, this support should contribute to sustainable growth.

(69)

It is paramount that Member States and operators are equipped in such a way that controls can be carried out to a high standard and therefore ensure compliance with the rules of the Common Fisheries Policy while providing for the sustainable exploitation of living aquatic resources; the EMFF should therefore support Member States and operators in conformity with Council Regulation (EC) No 1224/2009. By creating a culture of compliance, this support should contribute to sustainable growth. In order to standardise and step up the level of monitoring, the Member States should also be able to put in place common control systems.

(70)

The support granted to Member States on the basis of the Regulation (EC) No 861/2006 for the expenditure incurred relating to the implementation of the Union control system should be continued under the EMFF pursuing the logic of a single fund.

(70)

The support granted to Member States on the basis of the Regulation (EC) No 861/2006 for the expenditure incurred relating to the implementation of the Union control system should be increased under the EMFF pursuing the logic of a single fund.

(72a)

The EMFF should support funds for extra control activities and inspections in areas where IUU fishing is reported to take place.

(73)

Provisions should be laid down for support to collect, manage and use of fisheries data as specified in the multiannual Union programme, in particular to support national programmes and the management and use of data for scientific analysis and CFP implementation. The support granted to Member States on the basis of the Regulation (EC) No 861/2006 for the expenditure incurred relating to the collection, management and use of fisheries data should be continued under the EMFF pursuing the logic of a single fund.

(73)

Rrelevant stakeholders should be informed through the Advisory Councils of procedures . Provisions should be laid down for support to collect, manage and use of fisheries data as specified in the multiannual Union programme, in particular to support national programmes and the management and use of data for scientific analysis and CFP implementation. The support granted to Member States on the basis of the Regulation (EC) No 861/2006 for the expenditure incurred relating to the collection, management and use of fisheries data should be continued under the EMFF pursuing the logic of a single fund.

(73a)

The paramount importance of funding data collection, the cornerstone of the CFP, should be emphasised. It is the essential prerequisite for the definition of precise objectives to be achieved, particularly as regards the achievement of the MSY and better fisheries management. In this sense it is appropriate to ensure that data collection is allocated a part of the EMFF budget that is commensurate with its importance. It is also appropriate to provide for a co-financing rate that encourages a comprehensive review of the state of European fish stocks.

(74)

It is also necessary to support the cooperation among Member States, as well as with third countries where relevant, with respect to the collection of data within the same sea basin, as well as with the relevant international scientific bodies.

(74)

It is also necessary to support the cooperation among Member States, as well as with third countries where relevant, with respect to the collection of data within the same sea basin, as well as with the relevant international scientific bodies and the Regional Advisory Councils .

(76)

Sustained funding is needed for the implementation and further development of the Integrated Maritime Policy for the European Union as reflected in the statements of the Council, the European Parliament and the Committee of the Regions.

(76)

Sustained funding is needed for the implementation and further development of the Integrated Maritime Policy for the European Union as reflected in Regulation (EU) No 1255/2011 of the European Parliament and of the Council of 30 November 2011 establishing a Programme to support the further development of an Integrated Maritime Policy  (1) and the statements of the Council, the European Parliament and the Committee of the Regions. The development of maritime affairs through financial support for IMP measures is expected to have a significant impact in terms of economic, social and territorial cohesion.

(76a)

In this respect, the EMFF should be designed to support exploratory work on actions which aim to promote the strategic objectives of the IMP, due attention being paid to their cumulative impacts, on the basis of the ecosystem approach, to sustainable economic growth, employment, innovation and competitiveness in coastal, insular and outermost regions, and to the promotion of the international dimension of the IMP.

(77)

The EMFF should support the promotion of integrated maritime governance at all levels especially through exchanges of best practices and the further development and implementation of sea basin strategies. These strategies aim at setting up an integrated framework to address common challenges in European sea basins and strengthened co–operation between stakeholders to maximise the use of Union financial instruments and funds and contribute to the economic, social and territorial cohesion of the Union.

(77)

The EMFF should support the promotion of integrated maritime governance at all levels especially through exchanges of best practices and the further development and implementation of sea basin strategies. In this context, it is very important to improve maritime governance, including through the enhancement of cooperation and coordination, at the appropriate level, among the competent authorities performing coast guard functions in the Union, ensuring healthier, safer and more secure seas and oceans in particular by implementing the existing maritime legislation. These strategies aim at setting up an integrated framework to address common challenges in European sea basins and strengthened co–operation between stakeholders to maximise the use of Union financial instruments and funds and contribute to the economic, social and territorial cohesion of the Union and to environmental sustainability . It is therefore very important to improve and enhance external cooperation and coordination in relation to achieving the objectives of the IMP, on the basis of the United Nations Convention on the Law of the Sea (UNCLOS).

(77a)

In order to enhance the approximation of the fisheries and aquaculture funds and the funds for the Integrated Maritime Policy, the EMFF should provide for a specific framework to promote the contribution that fisheries and aquaculture make to the Integrated Maritime Policy. It is essential to encourage full consideration of these activities through support for participation in integrated governance and collective projects that contribute to the implementation of the IMP.

(79)

Interconnection of the certain information systems run by those sectors may require mobilisation of their own funding mechanisms in a coherent way and in line with Treaty provisions. Maritime spatial planning and integrated coastal zone management are essential for the sustainable development of marine areas and coastal regions and both contributing to the aims of ecosystem–based management and the development of land–sea links. These tools are also important to manage diverse uses of our coasts, seas and oceans to enable their sustainable economic development and to stimulate cross–border investment, whereas the implementation of the Marine Strategy Framework Directive will further define the boundaries of sustainability of human activities that have an impact on the marine environment. Furthermore, it is necessary to improve knowledge of the marine world, and stimulate innovation by facilitating collection, free sharing, re–use and dissemination of data concerning the status of oceans and seas.

(79)

Interconnection of the certain information systems run by those sectors may require mobilisation of their own funding mechanisms in a coherent way and in line with Treaty provisions. Maritime spatial planning and integrated coastal zone management are essential for the sustainable development of marine areas and coastal regions and both contributing to the aims of ecosystem–based management and the development of land–sea links. These tools are also important to manage diverse uses of our coasts, seas and oceans to enable their sustainable economic development and to stimulate cross–border investment, whereas the implementation of the Marine Strategy Framework Directive will further define the boundaries of sustainability of industrial, construction and human activities that have an impact on the marine environment. Furthermore, it is necessary to improve knowledge of the marine world, and stimulate innovation by facilitating collection, free sharing, re–use and dissemination of data concerning the status of oceans and seas and the status of fisheries, making it available to end-users and the general public .

(80)

The EMFF should also support sustainable economic growth, employment, innovation and competitiveness within maritime sectors and in coastal regions. It is particularly important to identify regulatory barriers and skill deficiencies hindering growth in emerging and prospective maritime sectors, as well as operations aimed at fostering investment in technological innovation necessary to enhance the business potential of marine and maritime applications.

(80)

The EMFF should also support sustainable economic growth, employment, innovation and competitiveness within maritime sectors and in coastal regions. It is particularly important to identify regulatory barriers and skill deficiencies hindering growth in emerging and prospective maritime sectors, as well as operations aimed at fostering investment in technological innovation necessary to enhance the business potential of marine and maritime applications. The EMFF should support measures to develop the education and vocational training system in the sector, including the acquisition of the equipment and tools needed to improve the quality of education and training services.

(81)

The EMFF should be complementary and coherent with existing and future financial instruments made available by the Union and the Member States, at national and sub–national level, for promoting the protection and sustainable use of the oceans, seas and coasts, helping to foster more effective cooperation between the Member States and their coastal, island, and outermost regions, and taking into account the prioritisation and progress of national and local projects. The Fund will tie in with other Union policies that may encompass a maritime dimension, in particular the European Regional Development Fund, the Cohesion Fund and the European Social Fund as well the Horizon 2020 Programme for Research and energy policy

(81)

The EMFF should be complementary and coherent with existing and future financial instruments made available by the Union and the Member States, at national and sub–national level, for promoting sustainable economic and social development, the protection and sustainable use of the oceans, seas and coasts, helping to foster more effective cooperation between the Member States and their coastal, island, and outermost regions, and taking into account the prioritisation and progress of national and local projects. The Fund will tie in with other Union policies that may encompass a maritime dimension, in particular the European Regional Development Fund, the Cohesion Fund and the European Social Fund as well the Horizon 2020 Programme for Research and energy policy

(84)

By way of technical assistance the EMFF should provide preparatory, administrative and technical support as well as support for information measures, networking, evaluations, audits, studies and exchanges of experience in order to facilitate the implementation of the operational programme and to promote innovative approaches and practices for simple and transparent implementation. Technical assistance should also include the setting up of a European network of Fisheries Local Action Groups aiming at capacity building, disseminating information, exchanging experience and supporting cooperation between the local partnerships.

(84)

By way of technical assistance the EMFF should provide preparatory, administrative and technical support as well as support for information measures, networking, evaluations, audits, studies and exchanges of experience in order to facilitate the implementation of the operational programme and to promote innovative approaches and practices for simple and transparent implementation , including those which will benefit operators' and fishermens' organisations . Technical assistance should also include the setting up of a European network of Fisheries Local Action Groups aiming at capacity building, disseminating information, exchanging experience and supporting cooperation between the local partnerships.

(88)

Conscious of the importance of ensuring conservation of marine biological and protecting fish stocks in particular from illegal fishing and in the spirit of the conclusions drawn in the Green Paper on the Reform of the CFP, those operators who do not comply with the rules of the CFP, and particularly jeopardise the sustainability of the stocks concerned and constitute therefore a serious threat to the sustainable exploitation of living marine biological resources that restores and maintains populations of harvested species above levels which can produce the MSY , and those who are involved in IUU fishing should be excluded from support under the EMFF. Union funding should not at any stage from the selection to the implementation of an operation be used to undermine the public interest of conservation of marine biological resources expressed in the objectives of the CFP Regulation.

(88)

Conscious of the importance of ensuring conservation of marine biological resources and protecting fish stocks in particular from illegal fishing and in the spirit of the conclusions drawn in the Green Paper on the Reform of the CFP, those operators who do not comply with the rules of the CFP, and particularlyjeopardise the sustainability of the stocks concerned and , specifically, the goals of restoring and maintaining populations of harvested species above levels which can produce MSY by 2015 and achieving and maintaining a good environmental status by 2020 , constitute therefore a serious threat to the sustainable exploitation of living marine biological resources, along with those who are involved in IUU fishing , and should be excluded from support under the EMFF. Union funding should not at any stage from the selection to the implementation of an operation be used to undermine the public interest of conservation of marine biological resources expressed in the objectives of the CFP Regulation.

(88a)

There should be a possibility to freeze funding from the EMFF if a Member State is unable to tackle problems with IUU–fishing within its waters and within its fishing fleet.

(91)

In order to address the specific needs of the CFP mentioned in Articles 50 and 51 of the [CFP Regulation] and contribute to the compliance with the CFP rules, additional provisions to the rules on interruption of the payment deadline [Regulation (EU) No […] laying down Common Provisions] should be laid down. Where a Member State or an operator has failed to comply with its obligations under the CFP or where the Commission has evidence to suggest this lack of compliance, as a precautionary measure, the Commission should be allowed to interrupt payments.

(91)

In order to address the specific needs of the CFP mentioned in Articles 50 and 51 of the [CFP Regulation] and contribute to the compliance with the CFP rules, additional provisions to the rules on interruption of the payment deadline [Regulation (EU) No […] laying down Common Provisions] should be laid down. Where a Member State or an operator has failed to comply with its obligations under the CFP or where the Commission has evidence to verify this lack of compliance, as a precautionary measure, the Commission should be allowed to interrupt payments.

(93)

The operational programme should be subject to monitoring and evaluation in order to improve its quality and demonstrate its achievements. The Commission should set up a framework for a common monitoring and evaluation ensuring among others that relevant data is available on a timely manner. In this context a list of indicators should be determined and the impact of the EMFF policy assessed by the Commission in relation to specific objectives.

(93)

The operational programme should be subject to monitoring and evaluation in order to improve its quality and demonstrate its achievements. The Commission should set up a framework for a common monitoring and evaluation ensuring among others that relevant data is made publicly available in a timely manner. In this context a list of indicators should be determined and the impact of the EMFF policy assessed by the Commission in relation to specific objectives.

(95)

With a view to strengthening accessibility and transparency of information about funding opportunities and project beneficiaries, in each Member State a single website or website portal providing information on operational programme, including the lists of operations supported under each operational programme, should be made available. This information should give a reasonable, tangible and concrete idea to the wider public and in particular to Union taxpayers on how Union funding is spent in the framework of the EMFF. In addition to this objective, the publication of relevant data should serve the purpose of further publicising the possibility of applying for Union funding. However in full respect of the fundamental right to data protection and in line with the judgment of the Court in the Joined Cases Schecke, the publication of the names of natural persons should not be requested.

(95)

With a view to strengthening accessibility and transparency of information about funding opportunities and project beneficiaries, in each Member State a single website or website portal providing information on operational programme, including the lists of operations supported under each operational programme, should be made available. The dedicated websites of all Member States should also be accessible from an official Union website in order to help citizens from different Member States to get easier access to published information from all Member States. This information should give a reasonable, tangible and concrete idea to the wider public and in particular to Union taxpayers on how Union funding is spent in the framework of the EMFF. In addition to this objective, the publication of relevant data should serve the purpose of further publicising the possibility of applying for Union funding. However in full respect of the fundamental right to data protection and in line with the judgment of the Court in the Joined Cases Schecke, the publication of the names of natural persons should not be requested.

(96a)

It is particularly important to ensure that ex–ante conditionalities concerning the administrative capacity to comply with the data requirements for fisheries management and the implementation of a Union control inspection and enforcement system are respected.

(96b)

It is particularly important to ensure that ex–ante conditionalities concerning the administrative capacity to comply with the data requirements for fisheries management and the implementation of a Union control inspection and enforcement system are respected.

(c)

the sustainable development of fisheries areas and inland fishing,

(c)

the sustainable development of fisheries and aquaculture areas, of inland fishing and of related activities as defined in this Regulation ,

(d)

and the Integrated Maritime Policy (IMP).

(d)

and the Integrated Maritime Policy (IMP) , including the Marine Strategy Framework Directive .

(-1)

(2a)

(4a)

(4b)

(5)

‘fisheries area’ means an area with sea or lake shore or including ponds or a river estuary with a significant level of employment in fisheries or aquaculture and designated as such by the Member State;

(5)

‘fisheries and aquaculture area’ means an area with sea , river or lake shore, or including ponds or a river estuary , with a significant level of employment in the fisheries or aquaculture sector and designated as such by the Member State;

(5a)

‘fish stock recovery area’ means a geographically defined sea area in which all fishing activities are prohibited, in order to improve the exploitation and conservation of living aquatic resources or the protection of marine ecosystems, as referred to in Regulation (EU) No …/.. [laying down Common Provisions];

(5b)

(5c)

(6)

‘fisherman’ means any person engaging in professional fishing, as recognised by the Member State, on board of an operational fishing vessel or engaging in professional harvesting of marine organisms, as recognised by the Member State, without a vessel;

(6)

‘fisherman’ means any person engaging in professional fishing, including employees, as recognised by the Member State, on board of an operational fishing vessel or engaging in professional harvesting of freshwater or marine organisms, as recognised by the Member State, without a vessel;

(6a)

(6b)

(8a)

(10)

‘inland fishing’ means fishing carried out for commercial purposes by vessels operating exclusively in inland waters or by other devices used for ice fishing;

(10)

‘inland fishing’ means fishing carried out for commercial purposes , from a vessel or otherwise, exclusively in inland waters or by other devices used for ice fishing;

(12)

‘integrated maritime governance’ means the coordinated management of all sectoral policies of the EU affecting the oceans, seas, and coastal regions;

(12)

‘integrated maritime governance’ means the coordinated management of all sectoral policies at Union level affecting the oceans, seas, and coastal regions;

(13)

(16)

‘sea basin strategy’ means a structured framework of cooperation in respect to a given geographical area, developed by European Institutions, Member States, their regions and where appropriate third countries sharing a sea basin; the strategy takes into account the geographic, climatic, economic and political specificities of the sea basin;

(16)

‘sea basin strategy’ means a structured framework of cooperation in respect to a given geographical area, developed by European Institutions, Member States, their regions and local authorities and where appropriate third countries sharing a sea basin; the strategy takes into account the geographic, climatic, economic and political specificities of the sea basin;

(16a)

(18a)

(18b)

(a)

promoting sustainable and competitive fisheries and aquaculture;

(a)

promoting environmentally sustainable, economically viable and socially responsible fisheries, aquaculture and related activities of processing or marketing ;

(c)

promoting a balanced and inclusive territorial development of fisheries areas;

(c)

promoting a balanced and inclusive territorial development of fisheries and aquaculture areas;

(d)

fostering the implementation of the CFP.

(d)

fostering the implementation of the CFP, including its regionalisation and the implementation of the common organisation of the markets .

(da)

Fostering job creation in order to prevent the disappearance of fishing communities and delivering improved qualifications and working conditions in the fisheries sector.

(1)

Increasing employment and territorial cohesion through the following objectives:

(1)

Increasing employment and social and territorial cohesion through the following objectives:

(a)

promotion of economic growth, social inclusion, creation of jobs and supporting labour mobility in coastal and inland communities depending on fishing and aquaculture;

(a)

promotion of economic growth and social inclusion, including through the creation of jobs and the development of employability and mobility in coastal and inland communities depending on fishing and aquaculture , including in outermost regions ;

(b)

diversification of fisheries activities into other sectors of maritime economy and growth of maritime economy, including mitigation of climate change.

(b)

diversification of fisheries activities in both the fisheries sector and other sectors of the maritime economy that are closely connected to the fishing sector, and growth of maritime economy, including mitigation of climate change.

(ba)

promoting the implementation of harmonised social rules at Union level.

(a)

support to strengthening technological development, innovation and knowledge transfer;

(a)

support to strengthening technological development, innovation , including increasing energy efficiency, and knowledge transfer;

(aa)

reducing the negative impact of fishing on animal welfare;

(b)

enhancement of the competitiveness and viability of fisheries , in particular of small scale coastal fleet, and improvement of safety or working conditions;

(b)

enhancement of the competitiveness and viability of fisheries and improvement of their health, hygiene, safety and working conditions;

(c)

development of new professional skills and lifelong learning;

(c)

development of professional training, new professional skills and lifelong learning , in particular for young fishermen ;

(ca)

developing small scale coastal fishing, especially its competitiveness and sustainability;

(3)

Fostering innovative, competitive and knowledge based aquaculture through the focus on the following areas:

(3)

Fostering sustainable, innovative, competitive aquaculture based on knowledge and the ecosystem through the focus on the following areas:

(a)

support to strengthening technological development, innovation and knowledge transfer;

(a)

support to strengthening technological development, technical, social and economic innovation and knowledge transfer;

(b)

enhancement of the competitiveness and viability of aquaculture enterprises, SMEs in particular;

(b)

enhancement of the competitiveness and viability of extensive and semi intensive aquaculture enterprises, SMEs in particular;

(c)

development of new professional skills and lifelong learning;

(c)

development of new professional skills and encouragement of professional training and lifelong learning , in particular for young aquaculture farmers ;

(d)

improved market organisation for aquaculture products.

(d)

improved market organisation for aquaculture products and encouragement of investment in the processing and marketing sectors.

(da)

limiting the ecological footprint by aquaculture.

(a)

reduction of the impact of fisheries on the marine environment;

(a)

prevention, minimisation and, as far as possible, elimination of unwanted catches and of negative impacts of fisheries on the marine environment , especially through better selectivity of fishing gears ;

(aa)

ensuring a balance between fishing capacity and available fishing opportunities;

(ba)

implementation of the Marine Strategy Framework Directive and achievement of good environmental status by 2020;

(a)

enhancement of ecosystems related to aquaculture and promotion of resource efficient aquaculture;

(a)

promotion of resource efficient aquaculture , including by reducing dependence on fish food and oil and reducing the use of chemicals and antibiotics ;

(aa)

assessment, reduction and, where possible, elimination of the impacts of aquaculture activities on marine, terrestrial and freshwater ecosystems;

(6)

Fostering the implementation of the CFP through:

(6)

Fostering the implementation of the CFP and strengthening its links and coherence with the Integrated Maritime Policy through:

(a)

the supply of scientific knowledge and collection of data ;

(a)

the support for the collection and management of data, in order to improve scientific knowledge;

(b)

the support to control and enforcement, enhancing institutional capacity and an efficient public administration.

(b)

the support for monitoring, control and enforcement, enhancing institutional capacity and an efficient public administration without increasing the administrative burden;

(ba)

the support for the regionalisation of the CFP, especially through Regional Advisory Councils.

(ba)

operators involved in the operation, management or ownership of fishing vessels flagged to countries identified as non–cooperating third countries pursuant to Article 33 of Regulation (EC) No 1005/2008;

(bb)

operators found guilty, in criminal or administrative proceedings, of having committed a serious infringement of the applicable national legislation in the following areas:

(bc)

operators found guilty, in criminal or administrative proceedings, of having committed, in one ore more Member States, a serious infringement of Union legislation, particularly concerning:

(ca)

operators who have failed to comply with the provisions of the Council Regulation (EC) No 199/2008 of 25 February 2008 concerning the establishment of a Community framework for the collection, management and use of data in the fisheries sector and support for scientific advice regarding the CFP  (3) .

(a)

the identification of the period of time referred to in paragraphs 1 and 2 which shall be proportionate to the gravity of the infringement or non-compliance;

(a)

the identification of the period of time referred to in paragraphs 1 and 2 which shall be proportionate to the gravity of the infringement or non-compliance in question, taking into account criteria such as the damage done, its value, the extent of the infringement or non-compliance and its repetition, and which shall be of at least one year;

(a)

operations increasing the fishing capacity of the vessel;

(a)

operations increasing the fishing capacity of the vessel or its ability to catch fish ;

(aa)

operations jeopardising the sustainability of marine biological resources and ecosystems;

(ab)

destructive employment measures;

(ba)

investments on board for vessels belonging to a fleet segment for which the capacity report, referred to in Article 34(1) of Regulation (EU) No …/… [on CFP], has demonstrated that there is no sustainable balance between fishing opportunities and fleet capacity;

(c)

temporary cessation of fishing activities;

(d)

experimental fishing;

(d)

exploratory fishing;