# Regulation (EU) No 508/2014 of the European Parliament and of the CouncilShow full title

Regulation (EU) No 508/2014 of the European Parliament and of the Council of 15 May 2014 on the European Maritime and Fisheries            Fund and repealing Council Regulations (EC) No 2328/2003, (EC) No 861/2006, (EC) No 1198/2006 and (EC) No 791/2007 and Regulation            (EU) No 1255/2011 of the European Parliament and of the Council         

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# Regulation (EU) No 508/2014 of the European Parliament and of the Council

# of 15 May 2014

# on the European Maritime and Fisheries Fund and repealing Council Regulations (EC) No 2328/2003, (EC) No 861/2006, (EC) No                        1198/2006 and (EC) No 791/2007 and Regulation (EU) No 1255/2011 of the European Parliament and of the Council                     

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 42, Article 43(2), Article                           91(1), Article 100(2), Article 173(3), Articles 175 and188, Article 192(1), Article 194(2), Article 195(2) and Article 349                           thereof,                        

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Having regard to the opinions of the European Economic and Social Committee(1),                        

Having regard to the opinion of the Committee of the Regions(2),                        

Acting in accordance with the ordinary legislative procedure(3),                        

Whereas:

(1)The Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee                              and the Committee of the Regions of 13 July 2011 entitled ‘Reform of the Common Fisheries Policy’ set out the potential challenges,                              objectives and orientations for the Common Fisheries Policy (‘CFP’) after 2013. In the light of the debate that followed the                              publication of that Communication, the CFP was reformed by Regulation (EU) No 1380/2013 of the European Parliament and of                              the Council(4). The reform of the CFP covers all the main elements of the CFP, including its financial aspects. In order to attain the objectives                              of that reform, it is appropriate to repeal Council Regulation (EC) No 2328/2003(5), Council Regulation (EC) No 861/2006(6), Council Regulation (EC) No 1198/2006(7) and Council Regulation (EC) No 791/2007(8) and to replace them with this Regulation.Recognising that all matters related to Europe’s oceans and seas are interlinked, this Regulation should also support the                              further development of the Integrated Maritime Policy (IMP) as referred to in Regulation (EU) No 1255/2011 of the European                              Parliament and of the Council(9).

(2)The scope of the European Maritime and Fisheries Fund (EMFF) should include support for the CFP for the conservation of marine                              biological resources, for the management of fisheries and fleets exploiting those resources, for fresh water biological resources                              and aquaculture, as well as for the processing and marketing of fishery and aquaculture products, where such activities take                              place on the territory of Member States, 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 of 10 December 1982(10) (UNCLOS).

(3)The success of the CFP depends on an effective system of control, inspection and enforcement, as well as on the availability                              of reliable and complete data, both for scientific advice purposes and for implementation and control purposes. The EMFF should,                              therefore, support those policies.

(4)The scope of the EMFF should include the support for the IMP, including for the development and implementation of coordinated                              operations and decision-making in relation to the oceans, seas, coastal regions and maritime sectors, complementing the different                              Union policies relating to them, notably, the CFP, and transport, industry, territorial cohesion, environment, energy and                              tourism policies. 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.

(5)Beneficiaries of the EMFF, within the meaning of point (10) of Article 2 of Regulation (EU) No 1303/2013 of the European Parliament                              and of the Council(11), can be operators, within the meaning of point (30) of Article 4 of Regulation (EU) No 1380/2013, fishermen or organisations                              of fishermen, unless otherwise laid down in this Regulation.

(6)In accordance with the conclusions of the European Council of 17 June 2010, whereby the Union’s new strategy for jobs and                              smart, sustainable and inclusive growth, based on the Communication from the Commission of 3 March 2010 entitled ‘Europe 2020                              – A strategy for smart, sustainable and inclusive growth’ (‘Europe 2020 strategy’) was adopted, the Union and Member States                              should implement smart, sustainable and inclusive growth, while promoting harmonious development in the Union. Resources should                              be concentrated in order to meet the Europe 2020 strategy objectives and targets, in particular those linked to employment,                              climate change, energy sustainability, the fight against poverty and social inclusion, and to improve effectiveness by an                              increased focus on results. The inclusion of the IMP in the EMFF also contributes to the major policy objectives set out in                              the Europe 2020 strategy and corresponds to the general objectives to increase economic, social and territorial cohesion set                              out in the Treaty on European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU).

(7)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 environmentally sustainable, resource                              efficient, innovative, competitive and knowledge-based fisheries and aquaculture, fostering the implementation of the CFP,                              increasing employment and territorial cohesion, fostering marketing and processing, as well as fostering the implementation                              of the IMP.

(8)The Union should, at all stages of implementation of the EMFF, aim to eliminate inequalities and promote equality between                              men and women, as well as to combat discrimination based on sex, racial or ethnic origin, religion or belief, disability,                              age or sexual orientation.

(9)The overall objective of the CFP is to ensure that fishing and aquaculture activities contribute to the creation of environmental                              conditions capable of being sustained long-term which are necessary for economic and social development. Moreover, it should                              contribute to increased productivity, a fair standard of living for the fisheries sector and stable markets, and it should                              ensure the availability of resources and that supplies reach consumers at reasonable prices.

(10)It is paramount to better integrate environmental concerns into the CFP which should achieve the objectives and targets of                              the Union’s environmental policy and the Europe 2020 strategy. The CFP seeks to achieve an exploitation of living marine biological                              resources that restores fish stocks to and maintains them above levels which can produce the maximum sustainable yield, by                              2015, where possible, and at the latest by 2020. 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 Directive 2008/56/EC                              of the European Parliament and of the Council(12).

(11)The financing of the CFP and IMP expenditure through a single fund, the EMFF, should address the need for simplification and                              should strengthen the integration of both policies. The extension of shared management to processing and marketing, including                              compensation for the outermost regions, control, data collection and management activities and to the IMP, should further                              contribute to simplifying and reducing the administrative burden both for the Commission and Member States as well as to achieving                              a greater coherence and efficiency of the support granted.

(12)The Union budget should finance the CFP and the IMP expenditure through a single fund, the EMFF, either directly or in the                              context of shared management with Member States. Shared management with Member States should apply not only to measures to                              support fisheries, aquaculture and community-led local development, but also to processing and marketing, compensation for                              the outermost regions, control and data collection activities as well as the IMP. Direct management should apply to scientific                              advice, specific control and enforcement measures, voluntary contributions to regional fisheries management organisations,                              Advisory Councils, market intelligence, operations for the implementation of the IMP and communication activities. The types                              of operations that qualify for financing under the EMFF should be specified.

(13)It is necessary to distinguish between categories of control and enforcement measures that are co-financed within the framework                              of shared management, and those co-financed within the framework of direct management. It is crucial to ring-fence the resources                              to be allocated to control and data collection under shared management whilst allowing flexibility between those two categories                              of measures.

(14)In accordance with Regulation (EU) No 1380/2013, Union financial support under EMFF is to be made conditional upon compliance                              by Member States and by operators with the rules of the CFP. This requirement is intended to reflect the responsibility of                              the Union to ensure, in the public interest, the conservation of marine biological resources under the CFP pursuant to Article                              3 TFEU.

(15)The achievement of the objectives of the CFP would be undermined if Union financial support under the EMFF were disbursed                              to operators who, *ex ante*, did not comply with requirements related to the public interest of conservation of marine biological resources. Therefore,                              applications submitted by operators should only be admissible for funding under the EMFF on the condition that, within a particular                              period of time before submitting an application for support, the operators concerned have not committed a serious infringement,                              offence or fraud and have not been involved in the operation, management or ownership of fishing vessels included in the Union                              list of vessels engaged in illegal, unreported and unregulated (IUU) fishing or of vessels flagged to countries identified                              as non-cooperating third countries as set out in this Regulation.

(16)In addition, the beneficiaries, after submitting the application for support, should continue to comply with those admissibility                              requirements throughout the period of implementation of the operation and for a period of five years after the final payment                              to the beneficiary concerned.

(17)If the beneficiary fails to fulfil the conditions related to eligibility and duration, financial consequences and corrections                              should apply. In order to determine the amount of such a financial correction, the nature, gravity, duration and repetition                              of the infringement, offence or fraud by the beneficiary and 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 support under the EMFF were paid                              to Member States who did not comply with their obligations under the CFP rules related to the public interest of conservation                              of marine biological resources, such as data collection and the implementation of control obligations. Moreover, if those                              obligations are not complied with, there is a risk that inadmissible applications or ineligible operations will not be detected                              by Member States.

(19)As a precautionary measure, in order to prevent ineligible payments as well as to provide an incentive for Member States to                              comply with the CFP rules, provision should be made for the interruption of the payment deadline and the suspension of payments,                              measures which are limited in time and in their scope of application. Financial corrections which have definite and irrevocable                              consequences should only apply to expenditure which is affected by the cases of non-compliance.

(20)In order to improve the coordination and to harmonise the 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 and for the maritime and fisheries sector, namely the European Agricultural Fund for Rural                              Development (EAFRD) and the EMFF respectively, common provisions for all those Funds (‘ESI Funds’) have been established in                              Regulation (EU) No 1303/2013. In addition to Regulation (EU) No 1303/2013, this Regulation contains specific, complementary                              provisions due to the particularities of the CFP and the IMP sectors.

(21)The principle of proportionality should be applied to the operational programme and throughout the programme cycle, taking                              into account the size of the Member States’ respective administrations and the total amount of public expenditure allocated                              to the operational programme.

(22)The Commission should break down the available commitment appropriations annually by Member State using objective and transparent                              criteria. Those criteria should include indicators measuring the size of the fishery and aquaculture sector, the extent of                              control and data collection responsibilities, the historical allocations in accordance with Regulation (EC) No 1198/2006 and                              the historical consumption in accordance with Regulation (EC) No 861/2006.

(23)The fulfilment of certain specific *ex ante* conditionalities is of utmost importance in the context of the CFP, especially as regards the submission of a report on fishing                              capacity and of a multiannual national strategic plan on aquaculture and the proven administrative capacity to comply with                              the data requirements for fisheries management and to enforce the implementation of a Union control, inspection and enforcement                              system.

(24)In accordance with the aim of simplification, all activities under the EMFF which fall under shared management, including                              control and data collection, should take the form of a single operational programme per Member State, in accordance with the                              national structure of the Member State concerned. The programming exercise should cover the period from 1 January 2014 to                              31 December 2020. When preparing the single operational programme, Member States should ensure that the content and volume                              of their operational programmes reflect the aim of simplification. Each programme should identify a strategy for meeting targets                              in relation to the Union priorities under the EMFF and a selection of measures. Programming should comply with those Union                              priorities, while adapting to national contexts, and should complement other Union policies, in particular the rural development                              policy and the cohesion policy.

(25)With a view to promoting small–scale coastal fishing, Member States having a significant small– scale coastal fishing segment                              should attach, to their operational programmes, action plans for the development, competitiveness and sustainability of small-scale                              coastal fishing.

(26)In order to contribute to achieving the aim of simplification while implementing the EMFF and to reduce the costs of control                              and the error rate, Member States should make as much use as possible of the possibility to use simplified forms of grants                              as provided for in Regulation (EU) No 1303/2013.

(27)For the purpose of enforcing control obligations under the CFP, Member States should draw up the section on control of the                              operational programme in accordance with the priorities of the Union adopted by the Commission for that policy area. In order                              to adjust the operational programme to the evolving needs in relation to control and enforcement, the control section of the                              operational programmes should be reviewed regularly on the basis of the changes in the priorities of the Union in the control                              and enforcement policy under the CFP. Those amendments should be approved by the Commission. In order to keep flexibility                              in the programming of activities in the field of control, the revision of the control section of the operational programmes                              should be subject to a simplified procedure.

(28)Member States should draw up the section on data collection of the operational programme in accordance with the Union multiannual                              programme as referred to in Council Regulation (EC) No 199/2008(13). In order to adapt to the specific needs of data collection activities, Member States should, in accordance with that Regulation,                              draw up a work plan, which should be subject to approval by the Commission.

(29)Funds under direct management, with the exception of technical assistance by the Commission, should be pre-defined by objectives                              with a 5 % flexibility margin and be governed by annual work programmes.

(30)In order to increase the competitiveness and economic performance of fishing activities, it is vital to stimulate and to provide                              support for investment in innovation. In order to encourage a higher level of participation, the application procedure for                              support for innovation should be simplified.

(31)Investment in human capital is also vital to increase the competitiveness and economic performance of fishing and maritime                              activities. Therefore, the EMFF should support advisory services, cooperation between scientists and fishermen, professional                              training, lifelong learning, and should stimulate the dissemination of knowledge, help to improve the overall performance                              and competitiveness of operators and promote social dialogue. In recognition of their role in fishing communities, spouses                              and life partners of self-employed fishermen should, under certain conditions, also be granted support for professional training,                              lifelong learning and the dissemination of knowledge, and for networking that contributes to their professional development.

(32)In order to help young people experiencing difficulties in accessing the labour market in the fisheries sector during a time                              of persistent financial crisis, the EMFF should support traineeship programmes and courses on sustainable fishing practices                              and the conservation of marine biological resources.

(33)Conscious of the potential that diversification offers for small–scale coastal fishermen and their crucial role in coastal                              communities, the EMFF should provide support for investments contributing to the diversification of the income of fishermen                              through the development of complementary activities, including investments on board, angling tourism, restaurants, environmental                              services related to fishing and educational activities on fishing.

(34)The creation and development of new economic activities in the fisheries sector by young fishermen is financially challenging                              and constitutes an element that should be considered in the allocation and targeting of funds under the EMFF. Such development                              is essential for the competitiveness of the fisheries sector in the Union. Consequently, support for young fishermen starting                              up their fisheries activities should be established in order to facilitate their initial establishment. In order to ensure                              the viability of new economic activities supported under the EMFF, support should be made conditional upon the acquisition                              of the necessary skills and competencies. Support for business start–up should only contribute to the acquisition of the first                              fishing vessel.

(35)In order to address health and safety needs on board, the EMFF should support investments covering safety, working conditions,                              health and hygiene on board, provided that the investment supported goes beyond requirements under Union or national law.

(36)Rules should be laid down for granting allowances and financial compensation to fishermen and owners of fishing vessels in                              cases of temporary cessation of fishing activities, if such cessation is the direct consequence of certain conservation measures,                              excluding the fixing and allocation of fishing opportunities, is provided for in certain Union or national fisheries’ management                              plans, or results from the non-renewal of Sustainable fisheries partnership agreements or protocols thereto. Such rules should                              also be laid down in cases of permanent cessation of fishing activities.

(37)It should be possible, under certain conditions, for the EMFF to contribute to mutual funds which provide financial compensation                              to fishermen for economic losses caused by adverse climatic events, an environmental incident or rescue costs.

(38)In order to adapt fishing activities to fishing opportunities, it should be possible for the EMFF to support the design, development,                              monitoring, evaluation and management of systems for the allocation of fishing opportunities.

(39)It is of paramount importance to integrate environmental concerns into the EMFF and to support the implementation of conservation                              measures under the CFP, whilst taking into account the diverse conditions throughout Union waters. For that purpose, it is                              essential to develop a regionalised approach to conservation measures.

(40)Similarly, it should be possible for the EMFF to support the reduction of the impact of fishing on the marine environment,                              in particular through the promotion of eco- innovation and the use of more selective gears and equipment as well as through                              measures aimed at protecting and restoring marine biodiversity and ecosystems and the services they provide, in accordance                              with the ‘EU Biodiversity Strategy to 2020’.

(41)In accordance with the headline target of the Europe 2020 strategy related to mitigation of climate change and energy efficiency,                              it should be possible for the EMFF to support investments on board and energy audits.

(42)In order to mitigate the effects of climate change and improve the energy efficiency of fishing vessels, it should be possible                              to grant support to the modernisation and replacement of main and ancillary engines, provided that operators active in small–scale                              coastal fishing are given priority in the selection process in order to improve their access to financing, and provided that                              larger vessels contribute to the reduction of engine power.

(43)In order not to jeopardise the sustainability objective of the CFP reform, the amount of financial support that may be dedicated                              to fleet measures, such as temporary and permanent cessation as well as engine replacement, should be capped, and the period                              of time during which such financial support may be granted for permanent cessation should be limited.

(44)In accordance with the discard ban introduced by the CFP, the EMFF should support investments on board aimed at making the                              best use of unwanted fish caught and exploiting underused components of the fish caught. In view of the scarcity of the resources,                              and in order to maximise the value of the fish caught, the EMFF should also support investments on board aimed at adding commercial                              value to the fish caught.

(45)Conscious of the importance of fishing ports, landing sites and shelters, the EMFF should support relevant investments that                              aim, in particular, to increase energy efficiency, environmental protection, the quality of the products landed, and to improve                              safety and working conditions.

(46)It is vital for the Union that a sustainable balance be achieved between fresh water resources and their exploitation. Therefore,                              having due regard to the impact on the environment, while preserving the economic viability of those sectors, appropriate                              measures should be provided for to support inland fishing.

(47)In accordance with the Communication from the Commission to the Council and the European Parliament of 19 September 2002 entitled                              ‘A Strategy for the sustainable development of European aquaculture’ and the Communication from the Commission to the European                              Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions of 29 April 2013 entitled                              ‘Strategic guidelines for the sustainable development of EU aquaculture’, the CFP objectives and the Europe 2020 strategy,                              the EMFF should support the environmentally, economically and socially sustainable development of the aquaculture industry.

(48)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 genetically modified organisms.

(49)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 small and medium-sized enterprises (SMEs), and that it 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, it should be possible for the EMFF to support innovative                              operations, the business development of aquaculture enterprises in general, including non–food and off–shore aquaculture,                              and complementary activities such as angling-tourism, environmental services related to aquaculture or educational activities.

(50)Investment in human capital is also vital to increase the competitiveness and economic performance of aquaculture activities.                              Therefore, it should be possible for the EMFF to 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)In order to contribute to the development of aquaculture sites and infrastructures, it should be possible for the EMFF to                              support national and regional authorities in their strategic choices, in particular as regards the definition and mapping                              of the zones which may be considered to be most suited to the development of aquaculture.

(52)In order to promote environmentally, socially and economically sustainable aquaculture, it should be possible for the EMFF                              to support aquaculture activities which highly respect the environment, the conversion of aquaculture enterprises to eco-management,                              the use of audit schemes as well as the conversion to organic aquaculture. Similarly, it should be possible for the EMFF to                              also support aquaculture which provides special environmental services.

(53)Conscious of the importance of consumer protection, it should be possible for the EMFF to provide adequate support to farmers                              in order to prevent and mitigate the risk for public and animal health that aquaculture rearing may cause.

(54)Recognizing the risk of investments in aquaculture activities, it should be possible for the EMFF to promote business security                              by contributing to aquaculture stock insurance, thereby 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 the destruction of production facilities.

(55)Given that the community–led approach for local development has, over a number of years, proven its utility in promoting the                              development of fisheries and aquaculture as well as rural areas by fully taking into account the multisectoral needs for endogenous                              development, support should be continued and reinforced in the future.

(56)In the fishery and aquaculture sector, community-led local development should encourage innovative approaches to create growth                              and jobs, in particular by adding value to fishery products and diversifying the local economy towards new economic activities,                              including those offered by ‘blue growth’ and the broader maritime sectors.

(57)The sustainable development of the fishery and aquaculture sector should contribute to achieving the objectives of the Europe                              2020 Strategy of promoting social inclusion and poverty reduction, creating jobs and fostering innovation, at local level.                              It should also contribute to achieving the objective of territorial cohesion which is one of the main priorities of the TFEU.

(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 that reflect correctly the local society. Those local                              actors are best placed to draw up and implement multisectoral community-led local development strategies to meet the needs                              of their local fisheries area. It is important to ensure that no single interest group has more than 49 % of the voting rights                              in the decision-making bodies of Fisheries local action groups (FLAGs).

(59)Networking between local partnerships is an essential feature of that approach. Cooperation between local partnerships is                              therefore an important development tool which should be supported by the EMFF.

(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 community-led local development strategies                              and operations of FLAGs as well as the costs of animating the local area and running the local partnership.

(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 Regulation (EU) No 1379/2013 of the European Parliament and of the Council(14), and for marketing and processing activities carried out by operators to maximise the value of fishery and aquaculture products.                              Particular attention should be paid to the promotion of operations which integrate producing, processing and marketing activities                              of the supply chain, or which consist of innovative processes or methods. Priority should be given to producer organisations                              and associations of producer organisations when granting support. In the case of production and marketing plans, only such                              organisations and associations should be eligible for support. In order to adapt to the new discard ban policy, the EMFF should                              also support the processing of unwanted catches.

(62)Regulation (EU) No 1379/2013 provides for a storage mechanism for fishery products intended for human consumption with a view                              to fostering the stabilisation of the markets. In order to ensure a transition from market intervention mechanisms to a new                              focus on the planning and management of production and marketing activities, any support granted by the EMFF should end by                              31 December 2018.

(63)Recognising the growing competition that small–scale coastal fishermen are confronted with, it should be possible for the                              EMFF to support entrepreneurial initiatives of small–scale coastal fishermen that add value to the fish they catch, in particular                              by carrying out the processing or direct marketing of such fish.

(64)Given that fishing activities in the outermost regions of the Union are facing difficulties, in particular because of their                              remoteness and special climatic conditions, it should be possible for the EMFF to take into account the particular constraints                              of such regions, recognised in Article 349 TFEU.

(65)In order to maintain the competitiveness of certain fishery and aquaculture products from the outermost regions of the Union                              compared to that of similar products from other regions of the Union, the Union introduced measures in 1992 to compensate                              for the related additional costs in the fisheries sector. The measures that apply for the period 2007-2013 are laid down in                              Regulation (EC) No 791/2007. It is necessary to continue to provide support in order to offset the additional costs for the                              fishing, farming, processing and marketing of certain fishery and aquaculture products from the outermost regions of the Union                              as from 1 January 2014, so that the compensation contributes to the retaining of the economic viability of operators from                              those regions.

(66)In view of the different marketing conditions in the outermost regions, 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.

(67)Member States should be authorised to differentiate the list and the quantities of fishery products concerned and the amount                              of compensation within the overall allocation per Member State. They should also be authorised to adjust their compensation                              plans if justified by changing conditions.

(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. To avoid overcompensation, that amount should be proportionate to the                              additional costs that the aid off sets. For that purpose, it should also take into account other types of public intervention                              having an impact on the level of additional costs.

(69)It is of paramount importance that Member States and operators have the means necessary to carry out controls to a high standard,                              thereby ensuring compliance with the rules of the CFP, while providing for the sustainable exploitation of living aquatic                              resources. It should therefore be possible for the EMFF to support Member States and operators in accordance with Council                              Regulation (EC) No 1224/2009(15). By creating a culture of compliance, that support should contribute to sustainable growth.

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

(71)In accordance with the Union control and enforcement policy objectives, it is appropriate that a minimum time is dedicated                              to fisheries control in the usage of patrol vessels, aircrafts and helicopters, which should be set out precisely in order                              to provide a basis for support under the EMFF.

(72)Considering the importance of cooperation between Member States in the field of control, it should be possible for the EMFF                              to provide support for that purpose.

(73)Measures should be adopted which support the collection, management 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 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, thereby pursuing the                              logic of a single fund.

(74)Sound and efficient fisheries management decisions under the CFP should be supported by research and cooperation activities,                              by the provision of scientific and socio–economic opinions and by the advice needed for the implementation and development                              of the CFP, including in biogeographically sensitive areas.

(75)It is also necessary to support the cooperation between 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.

(76)The objective of the IMP is to support the sustainable use of seas and oceans and to develop coordinated, coherent and transparent                              decision-making in relation to the policies affecting the oceans, seas, islands, coastal and outermost regions and maritime                              sectors, as reflected in Commission Communication to the European Parliament, the Council, the European Economic and Social                              Committee and the Committee of the Regions of 10 October 2007 entitled ‘An Integrated Maritime Policy of the European Union’.

(77)Sustained funding is needed for the implementation and further development of the IMP for the Union as reflected in Regulation                              (EU) No 1255/2011, in the conclusions of the Council, in European Parliament resolutions and in opinions of 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.

(78)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. Those strategies aim to set up an integrated                              framework to address common challenges in European sea basins, to strengthen cooperation between stakeholders to maximise                              the use of Union financial instruments and funds, and to contribute to the economic, social and territorial cohesion of the                              Union. In that context, actions and mechanisms targeting improved cooperation between Member States may include cross-border                              and cross-sectoral cooperation between maritime sectors, for example, activities within the framework of the European coastguard                              functions forum, to promote the exchange of experiences and best practices in order to achieve effectiveness and coherence                              within the framework of existing relevant Union law.

(79)The EMFF should support the further development of tools to create synergies between initiatives taken in different sectors                              and affecting the seas, oceans and coasts. This is the case for the Integrated Maritime Surveillance (IMS), which aims to                              improve awareness of the maritime situation through enhanced and secure information exchanges across sectors. However, operations                              related to maritime surveillance falling within the scope of Title V of Part Three, TFEU should not be financed through the                              EMFF.

(80)The interconnection of information systems run by those sectors may make it necessary to mobilise the funding mechanisms of                              those systems in a coherent way and in accordance with the TFEU. Maritime spatial planning and integrated coastal zone management                              are essential for the sustainable development of marine areas and coastal regions, and both contribute to the aims of an ecosystem-based                              management and the development of land-sea links. Those tools are also important in managing the diverse uses of our coasts,                              seas and oceans to enable their sustainable economic development and to stimulate cross-border investment, whereas the implementation                              of Directive 2008/56/EC 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 to stimulate innovation by                              facilitating the collection, free sharing, re-use and dissemination of data concerning the status of oceans and seas.

(81)The EMFF should 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                              that are necessary to enhance the business potential of marine and maritime applications.

(82)The EMFF should be complementary to, and coherent with, existing and future financial instruments made available by the Union                              and Member States, at national and sub-national level, for promoting sustainable economic, social and territorial development,                              the protection and sustainable use of the oceans, seas and coasts, helping to foster more effective cooperation between Member                              States and their coastal, island, and outermost regions, and taking into account the prioritisation and progress of national                              and local projects. The EMFF should tie in with other Union policies that are capable of having a maritime dimension, in particular                              the ERDF, the CF and the ESF, as well as the Horizon 2020 Programme established by Regulation (EU) No 1291/2013 of the European                              Parliament and of the Council(16).

(83)In order to achieve the objectives of the CFP at global level, the Union plays an active role in the work of international                              organisations. It is therefore essential that the Union contributes to the activities of such organisations that help to ensure                              the conservation and sustainable exploitation of fisheries resources on the high seas and in third country waters. The support                              granted to international organisations on the basis of Regulation No (EC) 861/2006 should be continued under the EMFF, thereby                              pursuing the logic of a single fund.

(84)In order to improve governance within the CFP and to ensure the effective functioning of the Advisory Councils, it is essential                              for Advisory Councils to be provided with sufficient and permanent funding in order to pursue effectively their advisory role                              within the CFP. Pursuing the logic of a single fund, the support granted to Advisory Councils under the EMFF should replace                              the support granted to Regional Advisory Councils on the basis of Regulation (EC) No 861/2006.

(85)By means of technical assistance, the EMFF should facilitate the implementation of operational programmes, inter alia, by                              promoting innovative approaches and practices that are capable of simple and transparent implementation. Technical assistance                              should also include the setting–up of a European network of FLAGs aimed at capacity building, disseminating information, exchanging                              experience and supporting cooperation between local partnerships.

(86)In the interest of a good working partnership and the proper promotion of Union assistance, provision should be made for the                              broadest possible information on, and publicity about, Union support. The authorities responsible for managing assistance                              should also be responsible for such information and publicity aspects, and for keeping the Commission informed of measures                              taken in that regard.

(87)In relation to all operations financed under this Regulation, both under shared and direct management, it is necessary to                              ensure the protection of the financial interests of the Union by means of the proper application of the relevant legislation                              relating to the protection of those interests, and to ensure that appropriate controls are carried out by Member States and                              by the Commission.

(88)In order to address the specific conditions of the CFP referred to in Regulation (EU) No 1380/2013 and to contribute to the                              compliance with CFP rules, provisions additional to the rules on interruption of the payment deadline as set out in Regulation                              (EU) No 1303/2013should 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 that suggests such a lack of compliance, the Commission should, as a precautionary                              measure, be allowed to interrupt payment deadlines.

(89)In addition to the possibility of interruption of the payment deadline, and in order to avoid an evident risk of paying out                              ineligible expenditure, the Commission should be allowed to suspend payments in cases of serious non-compliance with the CFP                              rules by a Member State.

(90)Operational programmes should be subject to monitoring and evaluation in order to improve their quality and to demonstrate                              their achievements. The Commission should set up a framework for a common monitoring and evaluation system ensuring, inter                              alia, that relevant data is made available in a timely manner. In that context, a list of indicators should be determined                              and the impact of the EMFF policy should be assessed by the Commission in relation to specific objectives.

(91)Responsibility for monitoring the implementation of an operational programme should be shared between the managing authority                              and the monitoring committee set up for that purpose. To this end, the respective responsibilities of the managing authority                              and the monitoring committee should be specified. The monitoring of an operational programme should involve the drawing up                              of an annual implementation report, which should be sent to the Commission.

(92)With a view to improving accessibility to, and transparency of, information about funding opportunities and project beneficiaries,                              a single website or website portal providing information on the operational programme, including the lists of operations supported                              under the operational programme, should be made available in each Member State. The dedicated websites of all Member States                              should also be accessible from a single official Union website in order to facilitate the access of citizens from different                              Member States to information published by all Member States. That information should be reasonable, clear and concrete, to                              give the wider public and, in particular, Union taxpayers, an understanding of how Union funding is spent in the framework                              of the EMFF. In addition to that objective, the publication of relevant data should serve to further publicise the possibility                              of applying for Union funding. Without prejudice to the application of Directive 95/46/EC of the European Parliament and of                              the Council(17), such publication may include the names of natural persons in accordance with national law.

(93)In order to supplement and amend certain non-essential elements of this Regulation, the power to adopt acts in accordance                              with Article 290 TFEU should be delegated to the Commission in respect of the identification of the period of time and of                              the relevant starting or ending dates of the period of time with regard to the admissibility criteria of applications, adjusting                              the percentages concerning the indicative distribution of funds among the objectives under direct management, the definition                              of eligible operations and costs for hygiene, health and safety-related investments and investments concerning working conditions,                              on board or in individual equipment, the definition of eligible costs of operations to protect and restore marine biodiversity                              and ecosystems in the framework of sustainable fishing activities, the definition of costs eligible for support with regard                              to investments in equipment or on board aimed at reducing the emission of pollutants or green-house gases and increasing the                              energy efficiency of fishing vessels, the definition of the criteria for calculation of the additional costs resulting from                              the specific handicaps of outermost regions, the definition of the cases of non-compliance by Member States which can trigger                              interruption of the payment deadline or suspension of payments, the definition of the criteria for establishing the level                              of financial correction to be applied and the criteria for applying flat rates or extrapolated financial corrections and the                              definition of the content and construction of the common monitoring and evaluation system.

(94)In order to facilitate a smooth transition from the scheme established by Regulation (EC) No 1198/2006 to the scheme established                              by this Regulation, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect                              of establishing transitional provisions.

(95)When adopting delegated acts under this Regulation, it is of particular importance that the Commission carry out appropriate                              consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated                              acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and                              to the Council.

(96)In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on                              the Commission in respect of setting out the annual breakdown, by Member State, of the global resources available for commitments                              in the framework of shared management approving the operational programmes and their amendments, approving the work plans                              for data collection, adopting the annual work programmes relating to technical assistance at the initiative of the Commission,                              recognising that there is evidence suggesting non-compliance with obligations under the CFP, recognising that a Member State                              has failed to comply with its obligations under the CFP, suspending all or part of the interim payments under the operational                              programme and making financial corrections by cancelling all or part of the Union support for an operational programme. The                              Commission should adopt those implementing acts without applying Regulation (EU) No 182/2011 of the European Parliament and                              of the Council(18).

(97)In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should also be conferred                              on the Commission in respect of the presentation of the elements of the operational programme, rules on procedures, format                              and timetables concerning the approval of, and the submission and approval of amendments to, operational programmes, the annual                              work programme under Chapters I and II of Title VI, the structure of the compensation plan for outermost regions, the application                              of the different percentage points of public aid intensity, the model to be used by Member States when submitting financial                              data to the Commission, setting the indicators specific to the Union priorities, rules on the information to be sent by Member                              States as well as on the data needs and synergies between potential data sources, the format and presentation of the annual                              implementation reports, and the elements to be included in the *ex ante* evaluation reports. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 and the examination procedure                              should be used.

(98)In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should, moreover, be                              conferred on the Commission in respect of the adoption of, and detailing any changes in, the actual priorities of the Union                              for enforcement and control, laying down rules for the presentation of the data provided by the managing authorities, technical                              characteristics of information and publicity measures for the operation and instructions for creating the emblem and a definition                              of the standard colours. Those powers should be exercised in accordance with Regulation (EU) No 182/2011. In order to ensure                              a simpler and faster procedure, the advisory procedure should be used.

(99)Since the objectives of this Regulation cannot be sufficiently achieved by the Member States given the structural problems                              encountered in the development of the fisheries, aquaculture and maritime sectors as well as the limited financial resources                              of Member States, but can rather, by reason of the scale and effects of the operations to be financed under the operational                              programmes, be better achieved at Union level by providing multiannual financial support focused on the relevant priorities,                              the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 TEU. In accordance                              with the principle of proportionality as set out in that Article, this Regulation does not go beyond what is necessary in                              order to achieve those objectives.

(100)The support scheme provided for in this Regulation replaces the support schemes set up by Regulation (EC) No 2328/2003, Regulation                              (EC) No 861/2006, Regulation (EC) No 1198/2006, Regulation (EC) No 791/2007, Regulation (EU) No 1255/2011 and Article 103                              of Regulation (EC) No 1224/2009. Those regulations and that provision should therefore be repealed with effect from 1 January                              2014. However, this Regulation should not affect either the continuation or modification of assistance approved by the Commission                              on the basis of Regulation (EC) No 1198/2006 or any other legislation applying to that assistance on 31 December 2013.

(101)It is appropriate to align the period of application of this Regulation with that of Regulation (EU) No 1303/2013. Therefore,                              this Regulation should apply as from 1 January 2014,

HAVE ADOPTED THIS REGULATION:

## TITLE IU.K.**SUBJECT-MATTER, SCOPE AND DEFINITIONS**

### Article 1U.K.Subject-matter

This Regulation defines Union financial measures for the implementation of:

the Common Fisheries Policy (CFP);

relevant measures relating to the Law of the Sea;

the sustainable development of fisheries and aquaculture areas and inland fishing; and

the Integrated Maritime Policy (IMP).

### Article 2U.K.Geographical scope

This Regulation applies to operations carried out in the territory of the Union, unless otherwise provided for in this Regulation.

### Article 3U.K.Definitions

1.For the purposes of this Regulation and without prejudice to paragraph 2 of this Article, the definitions referred to in Article                        4 of Regulation (EU) No 1380/2013, Article 5 of Regulation (EU) No 1379/2013, Article 4 of Regulation (EC) No 1224/2009 and                        Article 2 of Regulation (EU) No 1303/2013 apply.                  

2.For the purpose of this Regulation, the following definitions apply:                  

‘Common information sharing environment’ (CISE) means a network of systems with a decentralised set-up developed for the exchange                              of information between users in order to improve their situational awareness of activities at sea;                           

‘cross-sectoral operations’ means those initiatives that mutually benefit different sectors and/or sectoral policies, as referred                              to in the TFEU, and that cannot be accomplished entirely through measures encompassed within respective policy areas;                           

‘electronic recording and reporting system’ (ERS) means a system for the electronic recording and reporting of data as referred                              to in Regulation (EC) No 1224/2009;                           

‘European marine observation and data network’ means a network that integrates relevant national marine observation and data                              programmes into a common and accessible European resource;                           

‘fisheries and aquaculture area’ means an area with a sea, river or lake shore, including ponds or a river basin, with a significant                              level of employment in fisheries or aquaculture, that is functionally coherent in geographical, economic and social terms                              and is designated as such by a Member State;                           

‘fisherman’ means any person engaging in commercial fishing activities, as recognised by the Member State;

‘inland fishing’ means fishing activities carried out for commercial purposes in inland waters by vessels or other devices,                              including those used for ice fishing;                           

‘integrated coastal zone management’ means strategies and measures such as those described in Recommendation 2002/413/EC of                              the European Parliament and of the Council(19);                           

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

‘Integrated Maritime Policy’ (IMP) means a Union policy whose aim is to foster coordinated and coherent decision-making to                              maximise the sustainable development, economic growth and social cohesion of Member States, and notably the coastal, insular                              and outermost regions in the Union, as well as maritime sectors, through coherent maritime-related policies and relevant international                              cooperation;                           

‘Integrated maritime surveillance’ (IMS) means a Union initiative aimed at enhancing effectiveness and efficiency in surveillance                              activities in respect of the European seas through information exchange and collaboration across sectors and borders;                           

‘maritime spatial planning’ means a process by which the relevant Member State’s authorities analyse and organise human activities                              in marine areas in order to achieve ecological, economic and social objectives;                           

‘measure’ means a set of operations;

‘small–scale coastal fishing’ means fishing carried out by fishing vessels of an overall length of less than 12 metres and                              not using towed fishing gear as listed in Table 3 of Annex I to Commission Regulation (EC) No 26/2004(20);                           

‘vessels operating exclusively in inland waters’ means vessels engaged in commercial fishing in inland waters and not included                              in the Union fishing fleet register.                           

## TITLE IIU.K.**GENERAL FRAMEWORK**

### *CHAPTER I*U.K.***Establishment and objectives of the European Maritime and Fisheries Fund***

#### Article 4U.K.Establishment

The European Maritime and Fisheries Fund (EMFF) is hereby established.

#### Article 5U.K.Objectives

The EMFF shall contribute to the achievement of the following objectives:

promoting competitive, environmentally sustainable, economically viable and socially responsible fisheries and aquaculture;

fostering the implementation of the CFP;

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

fostering the development and implementation of the Union’s IMP in a manner complementary to cohesion policy and to the CFP.

The pursuit of those objectives shall not result in an increase in fishing capacity.

#### Article 6U.K.Union priorities

The EMFF shall contribute to the Europe 2020 strategy and to the implementation of CFP. It shall pursue the following Union                     priorities for the sustainable development of fisheries and aquaculture and related activities, which reflect the relevant                     thematic objectives referred to in Regulation (EU) No 1303/2013:                  

Promoting environmentally sustainable, resource–efficient, innovative, competitive and knowledge–based fisheries by pursuing                              the following specific objectives:                           

the reduction of the impact of fisheries on the marine environment, including the avoidance and reduction, as far as possible,                                       of unwanted catches;                                    

the protection and restoration of aquatic biodiversity and ecosystems;

the ensuring of a balance between fishing capacity and available fishing opportunities;

the enhancement of the competitiveness and viability of fisheries enterprises, including of small–scale coastal fleet, and                                       the improvement of safety and working conditions;                                    

the provision of support to strengthen technological development and innovation, including increasing energy efficiency, and                                       knowledge transfer;                                    

the development of professional training, new professional skills and lifelong learning.

Fostering environmentally sustainable, resource-efficient, innovative, competitive and knowledge-based aquaculture by pursuing                              the following specific objectives:                           

the provision of support to strengthen technological development, innovation and knowledge transfer;

the enhancement of the competitiveness and viability of aquaculture enterprises, including the improvement of safety and working                                       conditions, in particular of SMEs;                                    

the protection and restoration of aquatic biodiversity and the enhancement of ecosystems related to aquaculture and the promotion                                       of resource-efficient aquaculture;                                    

the promotion of aquaculture having a high level of environmental protection, and the promotion of animal health and welfare                                       and of public health and safety;                                    

the development of professional training, new professional skills and lifelong learning.

Fostering the implementation of the CFP by pursuing the following specific objectives:

the improvement and supply of scientific knowledge as well as the improvement of the collection and management of data;

the provision of support to monitoring, control and enforcement, thereby enhancing institutional capacity and the efficiency                                       of public administration, without increasing the administrative burden.                                    

Increasing employment and territorial cohesion by pursuing the following specific objective: the promotion of economic growth,                              social inclusion and job creation, and providing support to employability and labour mobility in coastal and inland communities                              which depend on fishing and aquaculture, including the diversification of activities within fisheries and into other sectors                              of maritime economy.                           

Fostering marketing and processing by pursuing the following specific objectives:

the improvement of market organisation for fishery and aquaculture products;

the encouragement of investment in the processing and marketing sectors.

Fostering the implementation of the IMP.

### *CHAPTER II*U.K.***Shared and direct management***

#### Article 7U.K.Shared and direct management

1.Measures covered by Title V shall be financed by the EMFF in accordance with the principle of shared management between the                        Union and Member States and the common rules laid down in Regulation (EU) No 1303/2013.                  

2.Measures covered by Title VI shall be financed by the EMFF in accordance with the principle of direct management.                  

### *CHAPTER III*U.K.***General Principles of Assistance under Shared Management***

#### Article 8U.K.State aid

1.Without prejudice to paragraph 2 of this Article, Articles 107, 108 and 109 TFEU shall apply to aid granted by Member States                        to undertakings in the fishery and aquaculture sector.                  

2.However, Articles 107, 108 and 109 TFEU shall not apply to payments made by Member States pursuant to, and in conformity with,                        this Regulation falling within the scope of Article 42 TFEU.                  

3.National provisions setting up public financing going beyond the provisions of this Regulation concerning payments referred                        to in paragraph 2, shall be treated as a whole on the basis of paragraph 1.                  

4.For the fishery and aquaculture products, listed in Annex I TFEU, to which Articles 107, 108 and 109 thereof apply, the Commission                        may authorise, in accordance with Article 108 TFEU, operating aid in the outermost regions referred to in Article 349 TFEU                        within the sectors producing, processing and marketing fishery and aquaculture products, with a view to alleviating the specific                        constraints in those regions as a result of their isolation, insularity and extreme remoteness.                  

#### Article 9U.K.Specific ex ante conditionalities

The specific *ex ante* conditionalities referred to in Annex IV shall apply to the EMFF.                  

### *CHAPTER IV*U.K.***Admissibility of applications and ineligible operations***

#### Article 10U.K.Admissibility of applications

1.An application submitted by an operator for support from the EMFF shall be inadmissible for an identified period of time laid                        down pursuant to paragraph 4 of this Article, if it has been determined by the competent authority that the operator concerned:                  

(a)has committed a serious infringement under Article 42 of Council Regulation (EC) No 1005/2008(21) or Article 90(1) of Regulation (EC) No 1224/2009;                  

(b)has been involved in the operation, management or ownership of fishing vessels included in the Union IUU vessel list as set                        out in Article 40(3) of Regulation (EC) No 1005/2008, or of vessels flagged to countries identified as non-cooperating third                        countries as set out in Article 33 of that Regulation;                  

(c)has committed a serious infringement of the CFP rules identified as such in other legislation adopted by the European Parliament                        and by the Council; or                  

(d)has committed any of the offences set out in Articles 3 and 4 of Directive 2008/99/EC of the European Parliament and of the                        Council(22), where the application is made for support under Chapter II of Title V of this Regulation.                  

2.The beneficiary, after submitting the application, shall continue to comply with the conditions referred to in points (a)                        to (d) of paragraph 1 throughout the period of implementation of the operation and for a period of five years after the final                        payment to that beneficiary.                  

3.An application submitted by an operator shall be inadmissible for an identified period of time laid down pursuant to paragraph                        4 of this Article, if it has been determined by the competent authority that that operator has committed a fraud, as defined                        in Article 1 of the Convention on the protection of the European Communities’ financial interests(23), in the context of the European Fisheries Fund (EFF) or the EMFF.                  

4.The Commission shall be empowered to adopt delegated acts in accordance with Article 126 concerning:                  

(a)the identification of the period of time referred to in paragraphs 1 and 3 of this Article which shall be proportionate to                        the nature, gravity, duration and repetition of the serious infringement, offence or fraud, and shall be of at least one year’s                        duration;                  

(b)the relevant starting or ending dates of the period of time referred to in paragraphs 1 and 3 of this Article.                  

5.Member States shall require that operators submitting an application under the EMFF provide to the managing authority a signed                        statement confirming that they respect the criteria listed in paragraph 1 of this Article and declaring that they have not                        committed a fraud under the EFF or the EMFF as referred to in paragraph 3 of this Article. Member States shall verify the                        veracity of that statement before approving the operation, based on the information available in the national register of                        infringements referred to in Article 93 of Regulation (EC) No 1224/2009, or any other available data.                  

For the purposes of the first subparagraph, a Member State shall provide, on request from another Member State, the information                     contained in its national register of infringements referred to in Article 93 of Regulation (EC) No 1224/2009.                  

#### Article 11U.K.Ineligible operations

The following operations shall not be eligible under the EMFF:

operations increasing the fishing capacity of a vessel or equipment increasing the ability of a vessel to find fish;

the construction of new fishing vessels or the importation of fishing vessels;

the temporary or permanent cessation of fishing activities, unless otherwise provided for in this Regulation;

exploratory fishing;

the transfer of ownership of a business;

direct restocking, unless explicitly provided for as a conservation measure by a Union legal act or in the case of experimental                              restocking.                           

## TITLE IIIU.K.**FINANCIAL FRAMEWORK**

### Article 12U.K.Budget implementation

1.The Union budget allocated to the EMFF under Title V of this Regulation shall be implemented within the framework of shared                        management in accordance with Article 4 of Regulation (EU) No 1303/2013.                  

2.The Union budget allocated to the EMFF under Title VI of this Regulation shall be implemented directly by the Commission in                        accordance with Article 58(1)(a) of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council(24).                  

3.Any cancellations of all or part of the budget commitment under direct management by the Commission shall comply with Regulation                        (EU, Euratom) No 966/2012 and, where appropriate, with Article 123 of this Regulation.                  

4.The principle of sound financial management shall be applied in accordance with Articles 30 and 53 of Regulation (EU, Euratom)                        No 966/2012.                  

### Article 13U.K.Budgetary resources under shared management

1.The resources available for commitments from the EMFF for the period from 2014 to 2020 under shared management shall be EUR                        5 749 331 600 in current prices in accordance with the annual breakdown set out in Annex II.                  

2.EUR 4 340 800 000 of the budgetary resources referred to in paragraph 1 shall be allocated to the sustainable development                        of fisheries, aquaculture and fisheries areas, to marketing and processing-related measures and to technical assistance at                        the initiative of the Member States under Chapters I, II, III, IV and VII of Title V, with the exception of Article 67.                  

3.EUR 580 000 000 of the budgetary resources referred to in paragraph 1 shall be allocated to the control and enforcement measures                        referred to in Article 76.                  

4.EUR 520 000 000 of the budgetary resources referred to in paragraph 1 shall be allocated to the measures on data collection                        referred to in Article 77.                  

5.EUR 192 500 000 of the budgetary resources referred to in paragraph 1 shall be allocated to the compensation of outermost                        regions under Chapter V of Title V. That compensation shall not exceed, per year:                  

(a)EUR 6 450 000 for the Azores and Madeira;                  

(b)EUR 8 700 000 for the Canary Islands;                  

(c)EUR 12 350 000 for the French outermost regions referred to in Article 349 TFEU.                  

6.EUR 44 976 000 of the budgetary resources referred to in paragraph 1 shall be allocated to the storage aid referred to in                        Article 67.                  

7.EUR 71 055 600 of the budgetary resources referred to in paragraph 1 shall be allocated to measures concerning the IMP referred                        to in Chapter VIII of Title V.                  

8.Member States shall have the possibility to use interchangeably the resources available under paragraphs 3 and 4.                  

### Article 14U.K.Budgetary resources under direct management

1.The resources available for commitments from the EMFF, for the period 2014 to 2020, concerning measures under direct management                        as specified in Chapters I to III of Title VI shall be EUR 647 275 400 in current prices.                  

2.For the purposes of Chapters I and II of Title VI, the indicative distribution of funds between the objectives set out in                        Articles 82 and 85, is set out in Annex III.                  

3.The Commission may depart from the indicative percentages referred to in paragraph 2 by no more than 5 % of the value of the                        financial envelope in each case.                  

4.The Commission shall be empowered to adopt delegated acts, in accordance with Article 126, adjusting the percentages set out                        in Annex III.                  

### Article 15U.K.Mid-term review

The Commission shall review the implementation of Chapter I and II of Title VI, including the need for adjustments of the                     indicative distribution of funds as laid down in Annex III, and shall, by 30 June 2017, submit to the European Parliament                     and to the Council an interim evaluation report on the results obtained and the qualitative and quantitative aspects of the                     EMFF.                  

### Article 16U.K.Financial distribution for shared management

1.The resources available for commitments by Member States referred to in Article 13(2) to (7) for the period from 2014 to 2020,                        as set out in the table in Annex II, shall be determined on the basis of the following objective criteria:                  

(a)as regards Title V, with the exception of Articles 76 and 77:                  

the level of employment in the fisheries and marine and fresh water aquaculture sectors, including employment in related processing;

the level of production in the fisheries and marine and fresh water aquaculture sectors, including related processing; and

the share of small–scale coastal fishing fleet in the overall fishing fleet;

(b)as regards Articles 76 and 77:                  

the extent of the control tasks of the Member State concerned, taking into account the size of the national fishing fleet                              and the size of the sea area to be controlled, the volume of the landings and the value of imports from third countries;                           

the available control resources compared to the extent of the control tasks of the Member State, where available means are                              determined by taking into account the number of controls conducted at sea and the number of landing inspections;                           

the extent of the data collections tasks of the Member State concerned, taking into account the size of the national fishing                              fleet, the volume of the landings and of the aquaculture production, the amount of scientific monitoring activities at sea                              and the number of surveys the Member State is taking part in; and                           

the available data collection resources compared to the extent of the data collection tasks of the Member State, where available                              means are determined by taking into account the human resources and technical means needed to implement the national sampling                              programme for data collection;                           

(c)as regards all measures, the historical allocations of funds in accordance with Regulation (EC) No 1198/2006 and the historical                        consumption in accordance with Regulation (EC) No 861/2006.                  

2.The Commission shall adopt implementing acts setting out the annual breakdown of the global resources per Member State.                  

## TITLE IVU.K.**PROGRAMMING**

### *CHAPTER I*U.K.***Programming for measures financed under shared management***

#### Article 17U.K.Preparation of operational programmes

1.Each Member State shall draw up a single operational programme to implement the Union priorities set out in Article 6 which                        are to be co–financed by the EMFF.                  

2.The operational programme shall be established by the Member State following close cooperation with the partners referred                        to in Article 5 of Regulation (EU) No 1303/2013.                  

3.For the section of the operational programme referred to in point (o) of Article 18(1), the Commission shall, by 31 May 2014,                        adopt implementing acts laying down the actual priorities of the Union for enforcement and control policy. Those implementing                        acts shall be adopted in accordance with the advisory procedure referred to in Article 127(2).                  

#### Article 18U.K.Content of the operational programme

1.In addition to the elements referred to in Article 27 of Regulation (EU) No 1303/2013, the operational programme shall include:                  

(a)an analysis of the situation in terms of the strengths, weaknesses, opportunities and threats and the identification of the                        needs that require to be addressed in the geographical area, including, where relevant, sea basins covered by the programme.                  

The analysis shall be structured around the relevant Union priorities set out in Article 6 of this Regulation and, where applicable,                     shall be consistent with the multiannual national strategic plan for aquaculture referred to in Article 34 of Regulation (EU)                     No 1380/2013 and the progress made in achieving good environmental status through the development and implementation of a                     marine strategy referred to in Article 5 of Directive 2008/56/EC. Specific needs concerning jobs, the environment, the mitigation                     of, and adaptation to, climate change, and the promotion of innovation shall be assessed in relation to the Union priorities,                     with a view to identifying the most relevant responses at the level of each of the priorities related to the relevant area;                  

(b)a description of the strategy within the meaning of Article 27 of Regulation (EU) No 1303/2013, which shall demonstrate that:                  

appropriate targets are set for each of the Union priorities that are included in the programme, on the basis of common indicators                              referred to in Article 109 of this Regulation;                           

the selection of relevant measures follows logically from each Union priority selected in the programme, taking into account                              the conclusions of the *ex ante* evaluation and the analysis referred to in point (a) of this paragraph. As regards the measures for the permanent cessation                              of fishing activities under Article 34 of this Regulation, the description of the strategy shall include the targets and measures                              to be taken for the reduction of the fishing capacity in accordance with Article 22 of Regulation (EU) No 1380/2013. A description                              of the method for the calculation of the compensation to be granted under Articles 33 and 34 of this Regulation shall also                              be included;                           

the allocation of financial resources to the Union priorities included in the programme is justifiable and adequate to achieve                              the targets set;                           

(c)where appropriate, the specific needs of Natura 2000 areas, as established by Council Directive 92/43/EEC(25), and the contribution of the programme to the establishment of a coherent network of fish stock recovery areas as provided                        for in Article 8 of Regulation (EU) No 1380/2013;                  

(d)the assessment of the specific *ex ante* conditionalities referred to in Article 9 of and in Annex IV to this Regulation and, where required, the actions referred                        to in Article 19(2) of Regulation (EU) No 1303/2013;                  

(e)a description of the performance framework within the meaning of Article 22 of and Annex II to Regulation (EU) No 1303/2013;                  

(f)a list of measures selected organised by Union priorities;                  

(g)a list of criteria applied for selecting the fisheries and aquaculture areas under Chapter III of Title V;                  

(h)a list of selection criteria for community-led local development strategies under Chapter III of Title V;                  

(i)in Member States where over 1 000 vessels can be considered small-scale coastal fishing vessels, an action plan for the development,                        competitiveness and sustainability of small-scale coastal fishing;                  

(j)the evaluation requirements and the evaluation plan referred to in Article 56 of Regulation (EU) No 1303/2013 and actions                        to be taken to address identified needs;                  

(k)a financing plan which is to be designed by taking into account Article 20 of Regulation (EU) No 1303/2013 and in accordance                        with the Commission implementing act referred to in Article 16(2) of this Regulation, comprising:                  

a table setting out the total EMFF contribution planned for each year;

a table setting out the applicable EMFF resources and co-financing rate under the Union priorities set out in Article 6 of                              this Regulation and for technical assistance; by way of derogation from the general rule laid down in Article 94(2) of this                              Regulation, that table shall, where applicable, indicate separately the EMFF resources and the co-financing rates which apply                              for the support referred to in Articles 33, 34, Article 41(2), Articles 67 and 70, points (a) to (d) and (f) to (l) of Article                              76(2), point (e) of Article 76(2) and Article 77 of this Regulation;                           

(l)information on the complementarity and coordination with ESI Funds and other relevant Union and national funding instruments;                  

(m)implementing arrangements of the operational programme including:                  

identification of the authorities referred to in Article 123 of Regulation (EU) No 1303/2013 and, for information purposes,                              a summary describing the management and control system;                           

a description of the respective roles of the FLAGs, the managing authority or designated body for all implementation tasks                              relating to the community-led local development strategy;                           

a description of the monitoring and evaluation procedures, as well as the general composition of the monitoring committee                              referred to in Article 48 of Regulation (EU) No 1303/2013;                           

the provisions to ensure that the programme is publicised in accordance with Article 119 of this Regulation;

(n)a list of the partners referred to in Article 5 of Regulation (EU) No 1303/2013 and the results of the consultation of those                        partners;                  

(o)for the objective of ensuring increased compliance through control referred to in Article 6(3)(b), and in accordance with                        the actual priorities adopted by the Commission pursuant to Article 17(3):                  

a list of the bodies implementing the control, inspection and enforcement system and a brief description of their human and                              financial resources available for fisheries control, inspection and enforcement, and their major equipment available for fisheries                              control, inspection and enforcement, in particular the number of vessels, aircraft and helicopters;                           

the overall objectives of the control measures to be implemented, using common indicators to be set in accordance with Article                              109;                           

specific objectives to be achieved in accordance with the Union priorities set out in Article 6 and a detailed indication                              by category over the entire programming period;                           

(p)for the objective of collection of data for sustainable fisheries management referred to in point (a) of Article 6(3), and                        in accordance with the multiannual Union programme referred to in Article 3 of Regulation (EC) No 199/2008:                  

a description of the activities of data collection, in accordance with Article 25(1) of Regulation (EU) No 1380/2013;

a description of the data storage methods, data management and data use;

a description of the capability to achieve sound financial and administrative management of the data collected.

The section of the operational programme referred to in point (p) shall be supplemented in accordance with Article 21 of this                     Regulation.                  

2.The operational programme shall include the methods for calculating the simplified costs referred to in points (b), (c) and                        (d) of Article 67(1) of Regulation (EU) No 1303/2013 and additional costs or income foregone in accordance with Article 96                        of this Regulation, and the method for calculating compensation in accordance with relevant criteria identified for each of                        the activities deployed under Article 40(1), Articles 53, 54 and 55, point (f) of Article 56(1) and Article 67 of this Regulation.                        Where relevant, information on advance payments to FLAGs under Article 62 of this Regulation shall also be included.                  

3.The Commission shall adopt implementing acts laying down rules for the presentation of the elements described in paragraphs                        1 and 2 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to                        in Article 127(3).                  

#### Article 19U.K.Approval of the operational programme

1.Subject to Article 29 of Regulation (EU) No 1303/2013, the Commission shall adopt implementing acts approving the operational                        programme.                  

2.For the purpose of adopting the implementing acts referred to in paragraph 1 of this Article, the Commission shall examine                        whether the measures referred to in point (b)(ii) of Article 18(1) are likely to effectively remove the overcapacity identified.                  

#### Article 20U.K.Amendment of the operational programme

1.The Commission shall adopt implementing acts approving any amendments to an operational programme                  

2.In order to adapt to the evolving needs of control, the Commission may, every two years, adopt implementing acts detailing                        any changes in the priorities of the Union in the enforcement and control policy as referred to in Article 17(3) and the corresponding                        eligible operations which are to be prioritised. Those implementing acts shall be adopted in accordance with the advisory                        procedure referred to in Article 127(2).                  

3.Member States may submit an amendment to their operational programme, taking into account new priorities laid down in implementing                        acts referred to in paragraph 2 of this Article. In accordance with the principle of proportionality, such amendments to the                        operational programme shall be subject to a simplified procedure to be adopted in accordance with Article 22(2).                  

#### Article 21U.K.Work plans for data collection

1.For the purpose of application of point (p) of Article 18(1) of this Regulation, Member States shall submit to the Commission                        by electronic means work plans for data collection in accordance with Article 4(4) of Regulation (EC) No 199/2008 by 31 October                        of the year preceding the year from which the work plan is to apply, unless an existing plan still applies, in which case                        they shall notify the Commission thereof. The content of those plans shall be consistent with Article 4(2) of that Regulation.                  

2.The Commission shall adopt implementing acts approving the work plans referred to in paragraph 1 by 31 December of the year                        preceding the year from which the work plan is to apply.                  

#### Article 22U.K.Rules on procedures and timetables

1.The Commission may adopt implementing acts laying down rules on procedures, format and timetables for:                  

(a)the approval of operational programmes;                  

(b)the submission and approval of amendments to operational programmes, including their entry into force and frequency of submission                        during the programming period;                  

(c)the submission and approval of amendments as referred to in Article 20(3);                  

(d)the submission of work plans for data collection.                  

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 127(3).

2.The procedures and timetables shall be simplified in the case of:                  

(a)amendments to operational programmes concerning a transfer of funds between Union priorities, provided that the funds transferred                        do not exceed 10 % of the amount allocated to the Union priority;                  

(b)amendments to operational programmes concerning the introduction or withdrawal of measures or types of relevant operations                        and related information and indicators;                  

(c)amendments to operational programmes concerning changes in the description of measures, including changes of eligibility conditions;                  

(d)amendments referred to in Article 20(3), as well as in the case of any other amendments to the section of the operational                        programme referred to in point (n) of Article 18(1).                  

3.Paragraph 2 shall not apply to measures referred to in Articles 33, 34 and Article 41(2).                  

### *CHAPTER II*U.K.***Programming for measures financed under direct management***

#### Article 23U.K.Annual work programme

1.In order to implement Title VI, the Commission shall adopt implementing acts laying down annual work programmes in accordance                        with the objectives set out in the respective Chapters. For Chapters I and II of Title VI, those implementing acts shall be                        adopted in accordance with the examination procedure referred to in Article 127(3).                  

2.The annual work programmes shall include:                  

(a)a description of the activities to be financed and the objectives to be pursued for each activity which shall be in accordance                        with the objectives laid down in Articles 82 and 85. It shall also contain an indication of the amount allocated to each activity,                        an indicative implementation timetable, as well as information on their implementation;                  

(b)for grants and related measures, the essential evaluation criteria, which shall be set in a manner that best achieves the                        objectives pursued by the operational programme, and the maximum rate of co-financing.                  

## TITLE VU.K.**MEASURES FINANCED UNDER SHARED MANAGEMENT**

### *CHAPTER I*U.K.***Sustainable development of fisheries***

#### Article 24U.K.Specific objectives

Support under this Chapter shall contribute to the achievement of the specific objectives under the Union priority set out                     in Article 6(1).                  

#### Article 25U.K.General conditions

1.The owner of a fishing vessel having received support under this Chapter shall not transfer that vessel outside the Union                        during at least the five years following the date of actual payment of that support to the beneficiary. If a vessel is transferred                        within that time–frame, sums unduly paid in respect of the operation shall be recovered by the Member State, in an amount                        proportionate to the period during which the condition set out in the first sentence of this paragraph has not been fulfilled.                  

2.Operating costs shall not be eligible unless otherwise expressly provided for in this Chapter.                  

3.The total financial contribution from the EMFF to the measures referred to in Articles 33 and 34 and to the replacement or                        modernisation of main or ancillary engines referred to in Article 41, shall not exceed the higher of the following two thresholds:                  

(a)EUR 6 000 000; or                  

(b)15 % of the Union financial support allocated by the Member State to the Union priorities set out in Article 6(1), (2) and                        (5).                  

4.The total financial contribution from the EMFF to the measures referred to in Article 29(4) shall not exceed 5 % of the Union                        financial support allocated per Member State.                  

5.Support to vessel owners granted under Article 33 shall be deducted from support granted to vessel owners under Article 34                        for the same vessel.                  

#### Article 26U.K.Innovation

1.In order to stimulate innovation in fisheries, the EMFF may support projects aimed at developing or introducing new or substantially                        improved products and equipment, new or improved processes and techniques, and new or improved management and organisation                        systems, including at the level of processing and marketing.                  

2.Operations financed under this Article shall be carried out by, or in collaboration with, a scientific or technical body,                        recognised by the Member State or the Union. That scientific or technical body shall validate the results of such operations.                  

3.The results of operations financed under this Article shall be adequately publicised by the Member State in accordance with                        Article 119.                  

#### Article 27U.K.Advisory services

1.In order to improve the overall performance and competitiveness of operators and to promote sustainable fisheries, the EMFF                        may support:                  

(a)feasibility studies and advisory services that assess the viability of projects potentially eligible for support under this                        Chapter;                  

(b)the provision of professional advice on environmental sustainability, with a focus on limiting and, where possible, eliminating                        the negative impact of fishing activities on marine, terrestrial and freshwater ecosystems;                  

(c)the provision of professional advice on business and marketing strategies.                  

2.The feasibility studies, advisory services and advice referred to in paragraph 1 shall be provided by scientific, academic,                        professional or technical bodies, or entities providing economic advice that have the required competences.                  

3.The support referred to in paragraph 1 shall be granted to operators, organisations of fishermen, including producer organisations,                        or public law bodies.                  

4.Where the support referred to in paragraph 1 does not exceed the amount of EUR 4 000, the beneficiary may be selected by means                        of an accelerated procedure.                  

#### Article 28U.K.Partnerships between scientists and fishermen

1.In order to foster the transfer of knowledge between scientists and fishermen, the EMFF may support:                  

(a)the creation of networks, partnership agreements or associations between one or more independent scientific bodies and fishermen,                        or one or more organisations of fishermen, in which technical bodies may participate;                  

(b)the activities carried out in the framework of the networks, partnership agreements, or associations referred to in point                        (a).                  

2.The activities referred to in point (b) of paragraph 1 may cover data collection and management activities, studies, pilot                        projects, dissemination of knowledge and research results, seminars and best practices.                  

3.The support referred to in paragraph 1 may be granted to public law bodies, fishermen, organisations of fishermen, FLAGs and                        non-governmental organisations.                  

#### Article 29U.K.Promotion of human capital, job creation and social dialogue

1.In order to promote human capital, job creation and social dialogue, the EMFF may support:                  

(a)professional training, lifelong learning, joint projects, the dissemination of knowledge of an economic, technical, regulatory                        or scientific nature and of innovative practices, and the acquisition of new professional skills, in particular linked to                        the sustainable management of marine ecosystems, hygiene, health, safety, activities in the maritime sector, innovation and                        entrepreneurship;                  

(b)networking and exchange of experiences and best practices between stakeholders, including among organisations promoting equal                        opportunities between men and women, promoting the role of women in fishing communities and promoting under-represented groups                        involved in small-scale coastal fishing or in on-foot fishing;                  

(c)social dialogue at Union, national, regional or local level involving fishermen, social partners and other relevant stakeholders.                  

2.The support referred to in paragraph 1 may also be granted to spouses of self-employed fishermen or, where and in so far as                        recognised by national law, the life partners of self-employed fishermen, under the conditions laid down in point (b) of Article                        2 of Directive 2010/41/EU of the European Parliament and of the Council(26).                  

3.The support referred to in point (a) of paragraph 1 may be granted, for a maximum period of two years, for the training of                        people under 30 years of age, who are recognised as unemployed by the Member State concerned (‘trainees’). Such support shall                        be limited to training on board a small–scale coastal fishing vessel owned by a professional fisherman of at least 50 years                        of age, formalised by a contract between the trainee and the owner of the vessel that is recognised by the Member State concerned,                        including courses on sustainable fishing practices and the conservation of marine biological resources as defined in Regulation                        (EU) No 1380/2013. The trainee shall be accompanied on board by a professional fisherman of at least 50 years of age.                  

4.Support under paragraph 3 shall be granted to professional fishermen to cover the trainee’s salary and related charges, and                        shall be calculated in accordance with Article 67(5) of Regulation (EU) No 1303/2013, taking into account the economic situation                        and living standards of the Member State concerned. That support shall not exceed a maximum amount of EUR 40 000 for each                        beneficiary during the programming period.                  

#### Article 30U.K.Diversification and new forms of income

1.The EMFF may support investments contributing to the diversification of the income of fishermen through the development of                        complementary activities, including investments on board, angling tourism, restaurants, environmental services related to                        fishing and educational activities concerning fishing.                  

2.The support under paragraph 1 shall be granted to fishermen who:                  

(a)submit a business plan for the development of their new activities; and                  

(b)possess adequate professional skills which may be acquired through operations financed under point (a) of Article 29(1).                  

3.The support under paragraph 1 shall only be granted if the complementary activities relate to the fisherman’s core fishing                        business.                  

4.The amount of support granted under paragraph 1 shall not exceed 50 % of the budget foreseen in the business plan for each                        operation, and shall not exceed a maximum amount of EUR 75 000 for each beneficiary.                  

#### Article 31U.K.Start-up support for young fishermen

1.The EMFF may provide business start-up support to young fishermen.                  

2.Support under this Article may be granted only in respect of the first acquisition of a fishing vessel:                  

(a)with an overall length of less than 24 metres;                  

(b)which is equipped for sea fishing;                  

(c)which is between 5 and 30 years old; and                  

(d)which belongs to a fleet segment for which the report on fishing capacity, referred to in Article 22(2) of Regulation (EU)                        No 1380/2013, has shown a balance with the fishing opportunities available to that segment.                  

3.For the purpose of this Article, the term ‘young fisherman’ means a natural person who seeks to acquire a fishing vessel for                        the first time and who, at the moment of submitting the application, is under 40 years of age and who has worked for at least                        five years as fisherman, or has acquired equivalent vocational training. Member States may define further objective criteria                        to be met by young fishermen in order to be eligible for support under this Article.                  

4.The support under this Article shall not exceed 25 % of the acquisition cost of the fishing vessel and shall in any event                        not be higher than EUR 75 000 per young fisherman.                  

#### Article 32U.K.Health and safety

1.In order to improve hygiene, health, safety and working conditions for fishermen, the EMFF may support investments on board                        or in individual equipment provided that those investments go beyond the requirements under Union or national law.                  

2.The support under this Article shall be granted to fishermen or owners of fishing vessels.                  

3.Where the operation consists of an investment on board, the support shall not be granted more than once during the programming                        period for the same type of investment and for the same fishing vessel. Where the operation consists of an investment in individual                        equipment, the support shall not be granted more than once during the programming period for the same type of equipment and                        for the same beneficiary.                  

4.The Commission shall be empowered to adopt delegated acts, in accordance with Article 126, identifying the types of operations                        eligible under paragraph 1 of this Article.                  

#### Article 33U.K.Temporary cessation of fishing activities

1.The EMFF may support measures for temporary cessation of fishing activities in the following cases:                  

(a)the implementation of Commission measures or Member States emergency measures referred to in Articles 12 and 13, respectively,                        of Regulation (EU) No 1380/2013 or of conservation measures referred to in Article 7 of that Regulation, including biological                        recovery periods;                  

(b)a non-renewal of Sustainable fisheries partnership agreements or protocols thereto;                  

(c)where the temporary cessation is provided for in a management plan adopted in accordance with Council Regulation (EC) No 1967/2006(27) or in a multiannual plan adopted under Articles 9 and 10 of Regulation (EU) No 1380/2013, where, based on scientific advice,                        a reduction of fishing effort is needed in order to achieve the objectives referred to in Article 2(2) and point (a) of Article                        2(5) of Regulation (EU) No 1380/2013.                  

2.The support referred to in paragraph 1 may be granted for a maximum duration of six months per vessel during the period from                        2014 to 2020.                  

3.The support referred to in paragraph 1 shall only be granted to:                  

(a)owners of Union fishing vessels which are registered as active and which have carried out fishing activities at sea for at                        least 120 days during the last two calendar years preceding the date of submission of the application for support; or                  

(b)fishermen who have worked at sea for at least 120 days during the last two calendar years preceding the date of submission                        of the application for support on board a Union fishing vessel concerned by the temporary cessation.                  

4.All fishing activities carried out by the fishing vessel or by the fishermen concerned shall be effectively suspended. The                        competent authority shall satisfy itself that the fishing vessel concerned has stopped any fishing activities during the period                        concerned by the temporary cessation.                  

#### Article 34U.K.Permanent cessation of fishing activities

1.The EMFF may support measures for the permanent cessation of fishing activities only when that is achieved through the scrapping                        of fishing vessels and provided that:                  

(a)such scrapping is included in the operational programme referred to in Article 18; and                  

(b)the permanent cessation is foreseen as a tool of an action plan referred to in Article 22(4) of Regulation (EU) No 1380/2013                        indicating that the fleet segment is not effectively balanced with the fishing opportunities available to that segment.                  

2.Support under paragraph 1 shall be granted to:                  

(a)owners of Union fishing vessels registered as active and which have carried out fishing activities at sea for at least 90                        days per year during the last two calendar years preceding the date of submission of the application for support; or                  

(b)fishermen who have worked at sea for at least 90 days per year during the last two calendar years preceding the date of submission                        of the application for support, on board of a Union fishing vessel concerned by the permanent cessation.                  

3.The fishermen concerned shall effectively cease all fishing activities. The beneficiary shall provide proof of the effective                        cessation of fishing activities to the competent authority. The compensation shall be refunded on a *pro rata temporis* basis where the fisherman returns to a fishing activity within a period of less than two years from the date of submission                        of the application for support.                  

4.Support under this Article may be granted until 31 December 2017.                  

5.Support under this Article shall be paid only after the equivalent capacity has been permanently removed from the Union fishing                        fleet register and after the fishing licences and authorisations have also been permanently withdrawn. The beneficiary shall                        be prohibited from registering a new fishing vessel within five years following the receipt of such support. The decrease                        in capacity as a result of the permanent cessation of fishing activities with public aid shall result in the permanent equivalent                        reduction of the fishing capacity ceilings set out in Annex II to Regulation (EU) No 1380/2013.                  

6.By way of derogation from paragraph 1, support may be granted for the permanent cessation of fishing activities without scrapping                        provided that the vessels retrofit for activities other than commercial fishing.                  

In addition and with a view to preserving maritime heritage, support may be granted for the permanent cessation of fishing                     activities without scrapping in the case of traditional wooden vessels, provided that such vessels retain a land-based heritage                     function.                  

#### Article 35U.K.Mutual funds for adverse climatic events and environmental incidents

1.The EMFF may contribute to mutual funds which pay financial compensation to fishermen for economic losses caused by adverse                        climatic events or by environmental incidents or for the rescue costs for fishermen or fishing vessels in the case of accidents                        at sea during their fishing activities.                  

2.For the purpose of paragraph 1, the term ‘mutual fund’ means a scheme accredited by the Member State, in accordance with its                        national law, which enables affiliated fishermen to insure themselves, whereby compensation payments are made to affiliated                        fishermen for economic losses caused by the events set out in paragraph 1.                  

3.Member States shall ensure that overcompensation as a result of the combination of the support under this Article with other                        Union or national instruments or private insurance schemes is avoided.                  

4.In order to be eligible for support under this Article, the mutual fund concerned shall:                  

(a)be accredited by the competent authority of the Member State, in accordance with national law;                  

(b)have a transparent policy towards payments into and withdrawals from the fund; and                  

(c)have clear rules attributing responsibility for any debts incurred.                  

5.Member States shall define the rules for the establishment and management of the mutual funds, in particular for the granting                        of compensation payments and the eligibility of fishermen for such compensation in the event of adverse climatic events, environmental                        incidents or accidents at sea referred to in paragraph 1, as well as for the administration and monitoring of compliance with                        those rules. Member States shall ensure that the fund arrangements provide for penalties in the case of negligence on the                        part of the fisherman.                  

6.Adverse climatic events, environmental incidents or accidents at sea referred to in paragraph 1 shall be those that are formally                        recognised by the competent authority of the Member State concerned as having occurred.                  

7.The contributions referred to in paragraph 1 shall only relate to the amounts paid by the mutual fund as financial compensation                        to fishermen. The administrative costs of setting-up the mutual funds shall not be eligible for support. Member States may                        limit the costs that are eligible for support by applying ceilings per mutual fund.                  

8.The contributions referred to in paragraph 1 shall only be granted to cover losses caused by the adverse climatic events,                        environmental incidents or accidents at sea which amount to more than 30 % of the annual turnover of the business concerned,                        calculated on the basis of the average turnover of that business over the preceding three calendar years.                  

9.No contribution from the EMFF shall be made to the initial capital stock.                  

10.Where Member States decide to limit the costs that are eligible for support by applying ceilings per mutual fund, they shall                        provide details and justifications in their operational programmes on those ceilings.                  

#### Article 36U.K.Support for the systems of allocation of fishing opportunities

1.In order to adapt the fishing activities to the fishing opportunities, the EMFF may support the design, development, monitoring,                        evaluation and management of the systems for allocating the fishing opportunities.                  

2.Support under this Article shall be granted to public authorities, legal or natural persons or organisations of fishermen                        recognised by the Member State, including recognised producer organisations involved in the collective management of the systems                        referred to in paragraph 1.                  

#### Article 37U.K.Support for the design and implementation of conservation measures and regional cooperation

1.In order to ensure the efficient design and implementation of conservation measures under Articles 7, 8 and 11 of Regulation                        (EU) No 1380/2013 and regional cooperation under Article 18 of that Regulation, the EMFF may support:                  

(a)the design, development and monitoring of technical and administrative means necessary for the development and implementation                        of conservation measures and regionalisation;                  

(b)stakeholder participation and cooperation between Member States in designing and implementing conservation measures and regionalisation.                  

2.The EMFF may support direct restocking under paragraph 1 only when it is provided for as a conservation measure in a Union                        legal act.                  

#### Article 38U.K.Limitation of the impact of fishing on the marine environment and adaptation of fishing to the protection of species

1.In order to reduce the impact of fishing on the marine environment, to foster the gradual elimination of discards and to facilitate                        the transition to a sustainable exploitation of living marine biological resources in accordance with Article 2(2) of Regulation                        (EU) No 1380/2013, the EMFF may support investments:                  

(a)in equipment improving size selectivity or species selectivity of fishing gear;                  

(b)on board or in equipment that eliminates discards by avoiding and reducing unwanted catches of commercial stocks, or that                        deals with unwanted catches to be landed in accordance with Article 15 of Regulation (EU) No 1380/2013;                  

(c)in equipment that limits and, where possible, eliminates the physical and biological impacts of fishing on the ecosystem or                        the sea bed;                  

(d)in equipment that protects gear and catches from mammals and birds protected by Council Directive 92/43/EEC or Directive 2009/147/EC                        of the European Parliament and of the Council(28), provided that it does not undermine the selectivity of the fishing gear and that all appropriate measures are introduced                        to avoid physical damage to the predators.                  

2.By way of derogation from point (a) of Article 11, in the outermost regions the support referred to in paragraph 1 may be                        granted for anchored fish aggregating devices, provided that such devices contribute to sustainable and selective fishing.                  

3.Support shall not be granted more than once during the programming period for the same type of equipment on the same Union                        fishing vessel.                  

4.Support shall only be granted where the gear or other equipment referred to in paragraph 1 has a demonstrably better size-selection                        or a demonstrably lower impact on the ecosystem and on non-target species than the standard gear or other equipment permitted                        under Union law, or under relevant national law adopted in the context of regionalisation as provided for in Regulation (EU)                        No 1380/2013.                  

5.Support shall be granted to:                  

(a)owners of Union fishing vessels which are registered as active vessels and which have carried out fishing activities at sea                        of at least 60 days during the two calendar years preceding the date of submission of the application for support;                  

(b)fishermen who own the gear to be replaced and who have worked on board of a Union fishing vessel for at least 60 days during                        the two calendar years preceding the date of submission of the application for support;                  

(c)organisations of fishermen recognised by the Member State.                  

#### Article 39U.K.Innovation linked to the conservation of marine biological resources

1.In order to contribute to the gradual elimination of discards and by–catches and to facilitate the transition to exploitation                        of living marine biological resources in accordance with Article 2(2) of Regulation (EU) No 1380/2013, and to reduce the impact                        of fishing on the marine environment and the impact of protected predators, the EMFF may support operations aimed at developing                        or introducing new technical or organisational knowledge that reduces the impact of fishing activities on the environment,                        including improved fishing techniques and gear selectivity, or aimed at achieving a more sustainable use of marine biological                        resources and coexistence with protected predators.                  

2.Operations financed under this Article shall be carried out by, or in collaboration with, a scientific or technical body recognised                        by the Member State which shall validate the results of such operations.                  

3.The results of operations financed under this Article shall be adequately publicised by the Member State in accordance with                        Article 119.                  

4.Fishing vessels involved in projects financed under this Article shall not exceed 5 % of the number of vessels of the national                        fleet or 5 % of the national fleet tonnage in gross tonnage, calculated at the time of submission of the application. At the                        request of a Member State, in duly justified circumstances and on the basis of a recommendation by the Scientific, Technical                        and Economic Committee for Fisheries (STECF) established by Commission Decision 2005/629/EC(29), the Commission may approve projects that exceed the limits set out in this paragraph.                  

5.Operations which do not qualify as fishing for scientific purposes in accordance with Article 33 of Regulation (EC) No 1224/2009                        and which consist of testing new fishing gear or techniques shall be carried out within the limits of the fishing opportunities                        allocated to the Member State concerned.                  

6.The net revenue generated by the participation of the fishing vessel in the operation shall be deducted from the eligible                        expenditure of the operation in accordance with Article 65(8) of Regulation (EU) No 1303/2013.                  

7.For the purpose of paragraph 6, the term ‘net revenue’ means the income of fishermen from the first sale of the fish or shellfish                        caught during the introduction and testing of the new technical or organisational knowledge less the selling costs such as                        auction hall fees.                  

#### Article 40U.K.Protection and restoration of marine biodiversity and ecosystems and compensation regimes in the framework of sustainable                        fishing activities

1.In order to protect and restore marine biodiversity and ecosystems in the framework of sustainable fishing activities, with                        the participation, where relevant, of fishermen, the EMFF may support the following operations:                  

(a)the collection of waste by fishermen from the sea such as the removal of lost fishing gear and marine litter;                  

(b)the construction, installation or modernisation of static or movable facilities intended to protect and enhance marine fauna                        and flora, including their scientific preparation and evaluation;                  

(c)contributions to a better management or conservation of marine biological resources;                  

(d)the preparation, including studies, drawing-up, monitoring and updating of protection and management plans for fishery-related                        activities relating to NATURA 2000 sites and spatial protected areas referred to in Directive 2008/56/EC and relating to other                        special habitats;                  

(e)the management, restoration and monitoring of NATURA 2000 sites in accordance with Directives 92/43/EEC and 2009/147/EC, in                        accordance with prioritised action frameworks established pursuant to Directive 92/43/EEC;                  

(f)the management, restoration and monitoring of marine protected areas with a view to the implementation of the spatial protection                        measures referred to in Article 13(4) of Directive 2008/56/EC;                  

(g)increasing environmental awareness, involving fishermen, with regard to the protection and restoration of marine biodiversity;                  

(h)schemes for compensation for damage to catches caused by mammals and birds protected by Directives 92/43/EEC and 2009/147/EC;                  

(i)the participation in other actions aimed at maintaining and enhancing biodiversity and ecosystem services, such as the restoration                        of specific marine and coastal habitats in support of sustainable fish stocks, including their scientific preparation and                        evaluation.                  

2.Support under point (h) of paragraph 1 shall be subject to the formal recognition of such schemes by the competent authorities                        of the Member States. Member States shall also ensure that no overcompensation for damage occurs as a result of the combination                        of Union, national and private compensation schemes.                  

3.The operations referred to in this Article may be implemented by scientific or technical public law bodies, Advisory Councils,                        fishermen or organisations of fishermen which are recognised by the Member State, or by non-governmental organisations in                        partnership with organisations of fishermen or in partnership with FLAGs.                  

4.The Commission shall be empowered to adopt delegated acts, in accordance with Article 126, specifying the costs which are                        eligible for support under paragraph 1 of this Article.                  

#### Article 41U.K.Energy efficiency and mitigation of climate change

1.In order to mitigate the effects of climate change and to improve the energy efficiency of fishing vessels, the EMFF may support:                  

(a)investments in equipment or on board aimed at reducing the emission of pollutants or greenhouse gases and increasing the energy                        efficiency of fishing vessels. Investments in fishing gear are also eligible provided that they do not undermine the selectivity                        of that fishing gear;                  

(b)energy efficiency audits and schemes;                  

(c)studies to assess the contribution of alternative propulsion systems and hull designs to the energy efficiency of fishing                        vessels.                  

2.Support for the replacement or modernisation of main or ancillary engines may be granted only:                  

(a)for vessels up to 12 metres in overall length, provided that the new or modernised engine does not have more power in kW than                        the current engine;                  

(b)for vessels between 12 and 18 metres in overall length, provided that the power in kW of the new or modernised engine is at                        least 20 % lower than that of the current engine;                  

(c)for vessels between 18 and 24 metres in overall length, provided that the power in kW of the new or modernised engine is at                        least 30 % lower than that of the current engine.                  

3.Support under paragraph 2 for the replacement or modernisation of main or ancillary engines may only be granted in respect                        of vessels belonging to a fleet segment for which the report on fishing capacity, referred to in Article 22(2) of Regulation                        (EU) No 1380/2013, has shown a balance with the fishing opportunities available to that segment.                  

4.Support under paragraph 2 of this Article shall only be granted for the replacement or modernisation of main or ancillary                        engines which have been officially certified in accordance with Article 40(2) of Regulation (EC) No 1224/2009. It shall only                        be paid after any required reduction of capacity in kW has been permanently removed from the Union fishing fleet register.                  

5.For fishing vessels not subject to a certification of engine power, support under paragraph 2 of this Article shall only be                        granted for the replacement or modernisation of main or ancillary engines in respect of which the consistency of engine power                        has been verified in accordance with Article 41 of Regulation (EC) No 1224/2009 and which have been physically inspected to                        ensure that the engine power does not exceed the engine power established in the fishing licenses.                  

6.The reduction of engine power referred to in points(b) and (c) of paragraph 2 may be achieved by a group of vessels for each                        category of vessel referred to in those points.                  

7.Without prejudice to Article 25(3), support from the EMFF under paragraph 2 of this Article shall not exceed the higher of                        the following two thresholds:                  

(a)EUR 1 500 000; or                  

(b)3 % of the Union financial support allocated by the Member State to the Union priorities set out in Article 6(1), (2) and                        (5).                  

8.Applications made by operators from the small–scale coastal fishing sector shall be treated as a priority up to 60 % of the                        total support allocated for the replacement or modernisation of main or ancillary engines referred to in paragraph 2 over                        the entire programming period.                  

9.Support under paragraphs 1 and 2 shall only be granted to owners of fishing vessels and shall not be granted more than once                        for the same type of investment during the programming period for the same fishing vessel.                  

10.The Commission shall be empowered to adopt delegated acts, in accordance with Article 126, specifying the costs which are                        eligible for support under point (a) of paragraph 1 of this Article.                  

#### Article 42U.K.Added value, product quality and use of unwanted catches

1.In order to improve the added value or quality of the fish caught, the EMFF may support:                  

(a)investments that add value to fishery products, in particular by allowing fishermen to carry out the processing, marketing                        and direct sale of their own catches;                  

(b)innovative investments on board that improve the quality of the fishery products.                  

2.The support referred to in point (b) of paragraph 1 shall be conditional on the use of selective gears to minimise unwanted                        catches and shall only be granted to owners of Union fishing vessels that have carried out a fishing activity at sea for at                        least 60 days during the two calendar years preceding the date of submission of the application for support.                  

#### Article 43U.K.Fishing ports, landing sites, auction halls and shelters

1.For the purpose of increasing the quality, control and traceability of the products landed, increasing energy efficiency,                        contributing to environmental protection and improving safety and working conditions, the EMFF may support investments improving                        the infrastructure of fishing ports, auctions halls, landing sites and shelters, including investments in facilities for waste                        and marine litter collection.                  

2.In order to facilitate compliance with the obligation to land all catches in accordance with Article 15 of Regulation (EU)                        No 1380/2013 and Article 8(2)(b) of Regulation (EU) No 1379/2013, as well as to add value to under-used components of the                        catch, the EMFF may support investments in fishing ports, auction halls, landing sites and shelters.                  

3.In order to improve the safety of fishermen, the EMFF may support investments in the construction or modernisation of shelters.                  

4.Support shall not cover the construction of new ports, new landing sites or new auction halls.                  

#### Article 44U.K.Inland fishing and inland aquatic fauna and flora

1.In order to reduce the impact of inland fishing on the environment, to increase energy efficiency, to increase the value or                        quality of fish landed, or to improve health, safety, working conditions, human capital and training, the EMFF may support                        investments in the following:                  

(a)the promotion of human capital, job creation and social dialogue as referred to in Article 29 and under the conditions set                        out in that Article;                  

(b)on board or in individual equipment as referred to in Article 32 and under the conditions set out in that Article;                  

(c)in equipment and types of operations as referred to in Articles 38 and 39 and under the conditions set out in those Articles;                  

(d)the improvement of energy efficiency and the mitigation of the effects of climate change as referred to in Article 41 and                        under the conditions set out in that Article;                  

(e)the improvement of the value or quality of the fish caught as referred to in Article 42 and under the conditions set out in                        that Article.                  

(f)in fishing ports, shelters and landing sites as referred to in Article 43 and under the conditions set out in that Article;                  

2.The EMFF may provide support for investments relating to business start-ups for young fishermen as referred to in Article                        31 and under the same conditions as set out in that Article, except for the requirement under point (b) of paragraph 2 of                        that Article.                  

3.The EMFF may provide support for the development and facilitation of innovation in accordance with Article 26, for the advisory                        services in accordance with Article 27 and for partnerships between scientists and fishermen in accordance with Article 28.                  

4.In order to promote diversification by inland fishermen, the EMFF may support the diversification of inland fishing activities                        to complementary activities under the conditions laid down in Article 30.                  

5.For the purposes of paragraph 1:                  

(a)references made in Articles 30, 32, 38, 39, 41 and 42 to fishing vessels shall be understood as references to vessels operating                        exclusively in inland waters;                  

(b)references made in Article 38 to the marine environment shall be understood as references to the environment in which the                        inland fishing vessel operates.                  

6.In order to protect and develop aquatic fauna and flora, the EMFF may support:                  

(a)the management, restoration and monitoring of NATURA 2000 sites which are affected by fishing activities, and the rehabilitation                        of inland waters in accordance with Directive 2000/60/EC of the European Parliament and of the Council(30), including spawning grounds and migration routes for migratory species, without prejudice to point (e) of Article 40(1) of                        this Regulation and, where relevant, with the participation of inland fishermen;                  

(b)the construction, modernisation or installation of static or movable facilities intended to protect and enhance aquatic fauna                        and flora, including their scientific preparation, monitoring and evaluation.                  

7.Member States shall ensure that vessels receiving support under this Article continue to operate exclusively in inland waters.                  

### *CHAPTER II*U.K.***Sustainable development of aquaculture***

#### Article 45U.K.Specific objectives

Support under this Chapter shall contribute to the achievement of the specific objectives under the Union priority set out                     in Article 6(2).                  

#### Article 46U.K.General conditions

1.Support under this Chapter shall be limited to aquaculture enterprises, unless otherwise stated in this Regulation.                  

2.For the purposes of this Article, entrepreneurs entering the sector shall provide a business plan and, where the amount of                        investments is more than EUR 50 000, a feasibility study including an environmental assessment of the operations. Support                        under this Chapter shall be granted only where it has been clearly demonstrated in an independent marketing report that good                        and sustainable market prospects exist for the product.                  

3.Where operations consist of investments in equipment or infrastructure ensuring compliance with future requirements relating                        to the environment, human or animal health, hygiene or animal welfare under Union law, support may be granted until the date                        on which such requirements become mandatory for the enterprises.                  

4.Support shall not be granted to the farming of genetically modified organisms.                  

5.Support shall not be granted to aquaculture operations in marine protected areas, if it has been determined by the competent                        authority of the Member State, on the basis of an environmental impact assessment, that the operation would generate significant                        negative environmental impact that cannot be adequately mitigated.                  

#### Article 47U.K.Innovation

1.In order to stimulate innovation in aquaculture, the EMFF may support operations aiming at:                  

(a)developing technical, scientific or organisational knowledge in aquaculture farms, which, in particular, reduces the impact                        on the environment, reduces dependence on fish meal and oil, fosters a sustainable use of resources in aquaculture, improves                        animal welfare or facilitates new sustainable production methods;                  

(b)developing or introducing on the market new aquaculture species with good market potential, new or substantially improved                        products, new or improved processes, or new or improved management and organisation systems;                  

(c)exploring the technical or economic feasibility of innovative products or processes.                  

2.Operations under this Article shall be carried out by, or in collaboration with, public or private scientific or technical                        bodies, recognised by the Member State, which shall validate the results of such operations.                  

3.The results of operations receiving support shall be adequately publicised by the Member State in accordance with Article                        119.                  

#### Article 48U.K.Productive investments in aquaculture

1.The EMFF may support:                  

(a)productive investments in aquaculture;                  

(b)the diversification of aquaculture production and species cultured;                  

(c)the modernisation of aquaculture units, including the improvement in working and safety conditions of aquaculture workers;                  

(d)improvements and modernisation related to animal health and welfare, including the purchase of equipment aiming at protecting                        the farms from wild predators;                  

(e)investments reducing the negative impact or enhancing the positive effects on the environment and increasing resource efficiency;                  

(f)investments in enhancing the quality of, or in adding value to, aquaculture products;                  

(g)the restoration of existing aquaculture ponds or lagoons through the removal of silt, or investments aimed at the prevention                        of silt deposits;                  

(h)the diversification of the income of aquaculture enterprises through the development of complementary activities;                  

(i)investments resulting in a substantial reduction in the impact of aquaculture enterprises on water usage and quality, in particular                        through reducing the amount of water or chemicals, antibiotics and other medicines used, or through improving the output water                        quality, including through the deployment of multi–trophic aquaculture systems;                  

(j)the promotion of closed aquaculture systems where aquaculture products are farmed in closed recirculation systems, thereby                        minimising water use;                  

(k)investments increasing energy efficiency and promoting the conversion of aquaculture enterprises to renewable sources of energy.                  

2.Support under point (h) of paragraph 1 shall only be granted to aquaculture enterprises if the complementary activities relate                        to the core aquaculture business of the enterprise, including angling tourism, environmental services related to aquaculture                        or educational activities concerning aquaculture.                  

3.Support under paragraph 1 may be granted for the increase in production and/or modernisation of existing aquaculture enterprises,                        or for the construction of new ones, provided that the development is consistent with the multiannual national strategic plan                        for the development of aquaculture referred to in Article 34 of Regulation (EU) No 1380/2013.                  

#### Article 49U.K.Management, relief and advisory services for aquaculture farms

1.In order to improve the overall performance and competitiveness of aquaculture farms, and to reduce the negative environmental                        impact of their operations, the EMFF may support:                  

(a)the setting-up of management, relief and advisory services for aquaculture farms;                  

(b)the purchase of farm advisory services of a technical, scientific, legal, environmental or economic nature.                  

2.Advisory services referred to in point (b) of paragraph 1 shall cover:                  

(a)the management needs to enable aquaculture farms to comply with Union and national environmental legislation, as well as with                        maritime spatial planning requirements;                  

(b)environmental impact assessment as referred to in Directive 2001/42/EC of the European Parliament and of the Council(31) and Directive 92/43/EEC;                  

(c)the management needs to enable aquaculture farms to comply with Union and national aquatic animal health and welfare or public                        health legislation;                  

(d)health and safety standards based on Union and national legislation;                  

(e)marketing and business strategies.                  

3.The advisory services referred to in point (b) of paragraph 1 shall be provided by scientific or technical bodies, as well                        as by entities providing legal or economic advice with the required competences as recognised by the Member State.                  

4.Support under point (a) of paragraph 1 shall only be granted to public law bodies or other entities selected by the Member                        State to set up the farm advisory services. Support under point (b) of paragraph 1 shall only be granted to aquaculture SMEs                        or aquaculture organisations, including aquaculture producer organisations and associations of aquaculture producer organisations.                  

5.Where the support does not exceed EUR 4 000, the beneficiary may be selected by means of an accelerated procedure.                  

6.Beneficiaries shall not receive support more than once per year for each category of advisory services referred to in paragraph                        2.                  

#### Article 50U.K.Promotion of human capital and networking

1.In order to promote human capital and networking in aquaculture, the EMFF may support:                  

(a)professional training, lifelong learning, the dissemination of scientific and technical knowledge and innovative practices,                        the acquisition of new professional skills in aquaculture and with regard to the reduction of the environmental impact of                        aquaculture operations;                  

(b)the improvement of working conditions and the promotion of occupational safety;                  

(c)networking and exchange of experiences and best practices among aquaculture enterprises or professional organisations and                        other stakeholders, including scientific and technical bodies or those promoting equal opportunities between men and women.                  

2.Support referred to in point (a) of paragraph 1 shall not be granted to large aquaculture enterprises, unless they are engaged                        in knowledge-sharing with SMEs.                  

3.By way of derogation from Article 46, support under this Article shall also be granted to public or semi-public organisations                        and to other organisations recognised by the Member State.                  

4.Support under this Article shall also be granted to spouses of self-employed aquaculture farmers or, where and in so far as                        they are recognised by national law, to the life partners of self-employed aquaculture farmers, under the conditions laid                        down in point (b) of Article 2 of Directive 2010/41/EU.                  

#### Article 51U.K.Increasing the potential of aquaculture sites

1.In order to contribute to the development of the aquaculture sites and infrastructures, and to reduce the negative environmental                        impact of the operations, the EMFF may support:                  

(a)the identification and mapping of the most suitable areas for developing aquaculture, taking into account, where applicable,                        spatial planning processes, and the identification and mapping of areas where aquaculture should be excluded in order to maintain                        the role of such areas in the functioning of the ecosystem;                  

(b)the improvement and development of support facilities and infrastructures required to increase the potential of aquaculture                        sites and to reduce the negative environmental impact of aquaculture, including investments in land consolidation, energy                        supply or water management;                  

(c)action taken and implemented by competent authorities under Article 9(1) of Directive 2009/147/EC or Article 16(1) of Directive                        92/43/EEC, with the aim of preventing serious damage to aquaculture;                  

(d)action taken and implemented by competent authorities following the detection of increased mortalities or diseases as provided                        for in Article 10 of Council Directive 2006/88/EC(32). Those actions may cover the adoption of shellfish action plans aimed at the protection, restoration and management, including                        support to shellfish producers for the maintenance, of natural shellfish banks and catchment areas.                  

2.Beneficiaries of support under this Article shall only be public law bodies or private bodies entrusted by the Member State                        with the tasks referred to in paragraph 1.                  

#### Article 52U.K.Encouraging new aquaculture farmers practising sustainable aquaculture

1.In order to foster entrepreneurship in aquaculture, the EMFF may support the setting-up of sustainable aquaculture enterprises                        by new aquaculture farmers.                  

2.Support under paragraph 1 shall be granted to aquaculture farmers entering the sector provided that they:                  

(a)possess adequate professional skills and competence;                  

(b)set up for the first time an aquaculture micro or small enterprise, as managers of that enterprise; and                  

(c)submit a business plan for the development of their aquaculture activities.                  

3.In order to acquire adequate professional skills, aquaculture farmers entering the sector may benefit from support under point                        (a) of Article 50(1).                  

#### Article 53U.K.Conversion to eco-management and audit schemes and organic aquaculture

1.In order to promote the development of organic or energy–efficient aquaculture, the EMFF may support:                  

(a)the conversion of conventional aquaculture production methods into organic aquaculture within the meaning of Council Regulation                        (EC) No 834/2007(33) and in accordance with Commission Regulation (EC) No 710/2009(34);                  

(b)the participation in the Union eco-management and audit schemes (EMAS) established by Regulation (EC) No 761/2001 of the European                        Parliament and of the Council(35).                  

2.Support shall only be granted to beneficiaries who commit themselves to participate in the EMAS for a minimum of three years                        or to comply with the requirements of organic production for a minimum of five years.                  

3.Support shall take the form of compensation for a maximum of three years during the period of the conversion of the enterprise                        to organic production, or during the preparation for participation in the EMAS. Member States shall calculate that compensation                        on the basis of:                  

(a)the loss of revenue or additional costs incurred during the period of transition from conventional into organic production                        for operations eligible under point (a) of paragraph 1; or                  

(b)the additional costs resulting from the application and preparation of the participation in EMAS for operations eligible under                        point (b) of paragraph 1.                  

#### Article 54U.K.Aquaculture providing environmental services

1.In order to foster the development of aquaculture providing environmental services, the EMFF may support:                  

(a)aquaculture methods compatible with specific environmental needs and subject to specific management requirements resulting                        from the designation of NATURA 2000 areas in accordance with Directives 92/43/EEC and 2009/147/EC;                  

(b)participation, in terms of costs directly related thereto, in ex-situ conservation and reproduction of aquatic animals, within                        the framework of conservation and biodiversity restoration programmes developed by public authorities, or under their supervision;                  

(c)aquaculture operations which include conservation and improvement of the environment and of biodiversity, and management of                        the landscape and traditional features of aquaculture zones.                  

2.Support under point (a) of paragraph 1 shall take the form of annual compensation for the additional costs incurred and/or                        income foregone as a result of management requirements in the areas concerned, related to the implementation of Directives                        92/43/EEC or 2009/147/EC.                  

3.Support under point (c) of paragraph 1 shall be granted only to beneficiaries who commit themselves for a minimum period of                        five years to aqua-environmental requirements that go beyond the mere application of Union and national law. The environmental                        benefits of the operation shall be demonstrated by a prior assessment conducted by competent bodies designated by the Member                        State, unless the environmental benefits of that operation are already recognised.                  

4.Support under point (c) of paragraph 1 shall take the form of annual compensation for the additional costs incurred and/or                        income foregone.                  

5.The results of operations receiving support under this Article shall be adequately publicised by the Member State in accordance                        with Article 119.                  

#### Article 55U.K.Public health measures

1.The EMFF may support compensation to mollusc farmers for the temporary suspension of harvesting of farmed molluscs, where                        such suspension occurs exclusively for reasons of public health.                  

2.Support may only be granted where the suspension of harvesting due to the contamination of molluscs is the result of the proliferation                        of toxin-producing plankton or the presence of plankton containing biotoxins, and provided that:                  

(a)the contamination lasts for more than four consecutive months; or                  

(b)the loss, resulting from the suspension of the harvest, amounts to more than 25 % of the annual turnover of the business concerned,                        calculated on the basis of the average turnover of that business over the three calendar years preceding the year in which                        the harvest was suspended.                  

For the purposes of point (b) of the first subparagraph, Member States may establish special calculation rules in respect                     of companies with less than three years of activity.                  

3.The duration for which compensation may be granted shall be a maximum of 12 months over the entire programming period. In                        duly justified cases, it may be extended once for a maximum of an additional 12 months up to a combined maximum of 24 months.                  

#### Article 56U.K.Animal health and welfare measures

1.In order to foster animal health and welfare in aquaculture enterprises, inter alia, in terms of prevention and bio-security,                        the EMFF may support:                  

(a)the costs of control and eradication of diseases in aquaculture in accordance with Council Decision 2009/470/EC(36), including the operational costs necessary to fulfil the obligations in an eradication plan;                  

(b)the development of general and species-specific best practices or codes of conduct on bio-security or on animal health and                        animal welfare needs in aquaculture;                  

(c)initiatives aimed at reducing the dependence of aquaculture on veterinary medicine;                  

(d)veterinary or pharmaceutical studies and dissemination and exchange of information and best practices regarding veterinary                        diseases in aquaculture, with the aim of promoting an appropriate use of veterinary medicine;                  

(e)the establishment and operation of health protection groups in the aquaculture sector as recognised by Member States;                  

(f)compensation to mollusc farmers for the temporary suspension of their activities due to exceptional mass mortality, if the                        mortality rate exceeds 20 %, or if the loss resulting from the suspension of the activity amounts to more than 35 % of the                        annual turnover of the business concerned, calculated on the basis of the average turnover of that business over the three                        calendar years preceding the year in which the activities were suspended.                  

2.Support under point (d) of paragraph 1 shall not cover the purchase of veterinary medicines.                  

3.The results of the studies financed under point (d) of paragraph 1 shall be adequately reported and publicised by the Member                        State in accordance with Article 119.                  

4.Support may also be granted to public law bodies.                  

#### Article 57U.K.Aquaculture stock insurance

1.In order to safeguard the income of aquaculture producers, the EMFF may contribute to an aquaculture stock insurance covering                        economic losses due to at least one of the following:                  

(a)natural disasters;                  

(b)adverse climatic events;                  

(c)sudden water quality and quantity changes for which the operator is not responsible;                  

(d)diseases in aquaculture, failure or destruction of production facilities for which the operator is not responsible.                  

2.The occurrence of the circumstances referred to in paragraph 1 in aquaculture shall be formally recognised as such by the                        Member State concerned.                  

3.Member States may, where appropriate, establish in advance criteria on the basis of which the formal recognition referred                        to in paragraph 2 shall be deemed to be granted.                  

4.Support shall only be granted for aquaculture stock insurance contracts which cover economic losses, as referred to in paragraph                        1, exceeding 30 % of the average annual turnover of the aquaculture farmer, calculated on the basis of the average turnover                        of the aquaculture farmer over the three calendar years preceding the year in which the economic losses occurred.                  

### *CHAPTER III*U.K.***Sustainable development of fisheries and aquaculture areas***

#### *Section 1*U.K.***Scope and objectives***

##### Article 58U.K.Scope

The EMFF shall support the sustainable development of fisheries and aquaculture areas following a community–led local development                     approach as set out in Article 32 of Regulation (EU) No 1303/2013.                  

##### Article 59U.K.Specific objectives

Support under this Chapter shall contribute to the achievement of the specific objectives under the Union priority set out                     in Article 6(4).                  

#### *Section 2*U.K.***Community–led local development strategies and fisheries local action groups***

##### Article 60U.K.Community–led local development strategies

1.In order to contribute to the achievement of the objectives referred to in Article 59, community–led local development strategies                        shall:                  

(a)maximise the participation of fishery and aquaculture sectors in the sustainable development of coastal and inland fisheries                        and aquaculture areas;                  

(b)ensure that local communities fully exploit and benefit from the opportunities offered by maritime, coastal and inland water                        development and, in particular, help small and declining fishing ports to maximise their marine potential by developing a                        diversified infrastructure.                  

2.The strategies shall be coherent with the opportunities and needs identified in the relevant area and the Union priorities                        set out in Article 6. Strategies may range from those which focus on fisheries to broader strategies directed at the diversification                        of fisheries areas. The strategies shall go beyond a mere collection of operations or juxtaposition of sectoral measures.                  

##### Article 61U.K.Fisheries local action groups

1.For the purposes of the EMFF, the local action groups referred to in Article 32(2)(b) of Regulation (EU) No 1303/2013 shall                        be designated as Fisheries local action groups (FLAGs).                  

2.The FLAGs shall propose a community–led local development strategy based on, at least, the elements set out in Article 60                        of this Regulation and shall be responsible for its implementation.                  

3.The FLAGs shall:                  

(a)broadly reflect the main focus of their strategy and the socioeconomic composition of the area through a balanced representation                        of the main stakeholders, including private sector, public sector and civil society;                  

(b)ensure a significant representation of the fisheries and/or aquaculture sectors.                  

4.If the community–led local development strategy is supported by other Funds in addition to the EMFF, the selection body of                        the FLAGs for the EMFF supported projects shall also fulfil the requirements set out in paragraph 3.                  

5.FLAGs may also carry out additional tasks going beyond the minimum tasks provided for in Article 34(3) of Regulation (EU)                        No 1303/2013, where such tasks are delegated to them by the managing authority.                  

#### *Section 3*U.K.***Eligible operations***

##### Article 62U.K.Support from the EMFF for community–led local development

1.The following operations are eligible for support under this Section in accordance with Article 35 of Regulation (EU) No 1303/2013:                  

(a)preparatory support;                  

(b)implementation of community–led local development strategies;                  

(c)cooperation activities;                  

(d)running costs and animation.                  

2.FLAGs may request the payment of an advance from the managing authority if such possibility is provided for in the operational                        programme. The amount of the advances shall not exceed 50 % of the public support related to the running costs and animation.                  

##### Article 63U.K.Implementation of community–led local development strategies

1.Support for the implementation of community–led local development strategies may be granted for the following objectives:                  

(a)adding value, creating jobs, attracting young people and promoting innovation at all stages of the supply chain of fishery                        and aquaculture products;                  

(b)supporting diversification inside or outside commercial fisheries, lifelong learning and job creation in fisheries and aquaculture                        areas;                  

(c)enhancing and capitalising on the environmental assets of the fisheries and aquaculture areas, including operations to mitigate                        climate change;                  

(d)promoting social well-being and cultural heritage in fisheries and aquaculture areas, including fisheries, aquaculture and                        maritime cultural heritage;                  

(e)strengthening the role of fisheries communities in local development and the governance of local fisheries resources and maritime                        activities.                  

2.The support referred to in paragraph 1 may include measures provided for in Chapters I, II and IV of this Title, with the                        exception of Articles 66 and 67, provided that there is a clear rationale for their management at local level. Where support                        is granted for operations corresponding to those measures, the relevant conditions and the scales of contribution per operation                        laid down in Chapters I, II and IV of this Title shall apply.                  

##### Article 64U.K.Cooperation activities

1.Support referred to in Article 35(1)(c) of Regulation (EU) No 1303/2013 may be granted to:                  

(a)inter-territorial or transnational cooperation projects;                  

(b)preparatory technical support for inter-territorial and transnational cooperation projects, on the condition that FLAGs can                        demonstrate that they are preparing the implementation of a project.                  

For the purposes of this Article, the term ‘inter-territorial cooperation’ means cooperation within a Member State, and the                     term ‘transnational cooperation’ means cooperation between territories in several Member States or cooperation between at                     least one territory of a Member State and one or more territories in third countries.                  

2.For the purposes of this Article, apart from other FLAGs, the partners of a FLAG under the EMFF may be a local public–private                        partnership that is implementing a community–led local development strategy within or outside the Union.                  

3.In cases where co–operation projects are not selected by the FLAGs, Member States shall establish an appropriate system for                        the purpose of facilitating cooperation projects. They shall make public the national or regional administrative procedures                        concerning the selection of transnational cooperation projects and a list of eligible costs at the latest two years after                        the date of approval of their operational programme.                  

4.Administrative decisions concerning cooperation projects shall take place no later than four months after the date of submission                        of the project.                  

5.Member States shall communicate to the Commission the approved transnational cooperation projects in accordance with Article                        110.                  

### *CHAPTER IV*U.K.***Marketing and processing related measures***

#### Article 65U.K.Specific objectives

Support under this Chapter shall contribute to the achievement of the specific objectives under the Union priority set out                     in Article 6(5).                  

#### Article 66U.K.Production and marketing plans

1.The EMFF shall support the preparation and implementation of production and marketing plans referred to in Article 28 of Regulation                        (EU) No 1379/2013.                  

2.Expenditure related to production and marketing plans shall be eligible for support from the EMFF only after approval by the                        competent authorities in the Member State of the annual report referred to in Article 28(5) of Regulation (EU) No 1379/2013.                  

3.Support granted per producer organisation per year under this Article shall not exceed 3 % of the average annual value of                        the production placed on the market by that producer organisation during the preceding three calendar years. For any newly                        recognised producer organisation, that support shall not exceed 3 % of the average annual value of the production placed on                        the market by the members of that organisation during the preceding three calendar years.                  

4.The Member State concerned may grant an advance of 50 % of the financial support after approval of the production and marketing                        plan in accordance with Article 28(3) of Regulation (EU) No 1379/2013.                  

5.The support referred to in paragraph 1 shall only be granted to producer organisations and associations of producers organisations.                  

#### Article 67U.K.Storage aid

1.The EMFF may support compensation to recognised producer organisations and associations of producers organisations which store                        fishery products listed in Annex II to Regulation (EU) No 1379/2013, provided that those products are stored in accordance                        with Articles 30 and 31 of that Regulation and subject to the following conditions:                  

(a)the amount of the storage aid does not exceed the amount of the technical and financial costs of the actions required for                        the stabilisation and storage of the products in question;                  

(b)the quantities eligible for storage aid do not exceed 15 % of the annual quantities of the products concerned put up for sale                        by the producer organisation;                  

(c)the financial support per year does not exceed 2 % of the average annual value of the production placed on the market by the                        members of the producer organisation in the period 2009-2011.                  

For the purposes of point (c) of the first subparagraph, where a member of the producer organisation did not have any production                     placed on the market in the period 2009 to 2011, the average annual value of production placed on the market in the first                     three years of production of that member shall be taken into account.                  

2.The support referred to in paragraph 1 shall end by 31 December 2018.                  

3.The support referred to in paragraph 1 shall only be granted once the products are released for human consumption.                  

4.Member States shall fix the amount of the technical and financial costs applicable in their territories as follows:                  

(a)technical costs shall be calculated each year on the basis of direct costs relating to the actions required in order to stabilise                        and store the products in question;                  

(b)financial costs shall be calculated each year using the interest rate set annually in each Member State;                  

These technical and financial costs shall be made publicly available.

5.Member States shall carry out controls to ensure that the products benefiting from storage aid fulfil the conditions laid                        down in this Article. For the purposes of such controls, beneficiaries of storage aid shall keep stock records for each category                        of products entered into storage and later reintroduced onto the market for human consumption.                  

#### Article 68U.K.Marketing measures

1.The EMFF may support marketing measures for fishery and aquaculture products which are aimed at:                  

(a)creating producer organisations, associations of producer organisations or inter-branch organisations to be recognised in                        accordance with Section II of Chapter II of Regulation (EU) No 1379/2013;                  

(b)finding new markets and improving the conditions for the placing on the market of fishery and aquaculture products, including:                  

species with marketing potential;

unwanted catches landed from commercial stocks in accordance with technical measures, Article 15 of Regulation (EU) No 1380/2013                              and Article 8(2)(b) of Regulation (EU) No 1379/2013;                           

fishery and aquaculture products obtained using methods with low impact on the environment, or organic aquaculture products                              within the meaning of Regulation (EC) No 834/2007;                           

(c)promoting the quality and the value added by facilitating:                  

the application for registration of a given product and the adaptation of concerned operators to the relevant compliance and                              certification requirements in accordance with Regulation (EU) No 1151/2012 of the European Parliament and of the Council(37);                           

the certification and the promotion of sustainable fishery and aquaculture products, including products from small–scale coastal                              fishing, and of environmentally-friendly processing methods;                           

the direct marketing of fishery products by small–scale coastal fishermen or by on–foot fishermen;

the presentation and packaging of products;

(d)contributing to the transparency of production and the markets and conducting market surveys and studies on the Union’s dependence                        on imports;                  

(e)contributing to the traceability of fishery or aquaculture products and, where relevant, the development of a Union–wide ecolabel                        for fishery and aquaculture products as referred to in Regulation (EU) No 1379/2013;                  

(f)drawing up standard contracts for SMEs, which are compatible with Union law;                  

(g)conducting regional, national or transnational communication and promotional campaigns, to raise public awareness of sustainable                        fishery and aquaculture products.                  

2.The operations referred to in paragraph 1 may include the production, processing and marketing activities along the supply                        chain.                  

The operations referred to in point (g) of paragraph 1 shall not be aimed at commercial brands.

#### Article 69U.K.Processing of fishery and aquaculture products

1.The EMFF may support investments in the processing of fishery and aquaculture products that:                  

(a)contribute to energy saving or reducing the impact on the environment, including waste treatment;                  

(b)improve safety, hygiene, health and working conditions;                  

(c)support the processing of catches of commercial fish that cannot be destined for human consumption;                  

(d)relate to the processing of by-products resulting from main processing activities;                  

(e)relate to the processing of organic aquaculture products pursuant to Articles 6 and 7 of Regulation (EC) No 834/2007;                  

(f)lead to new or improved products, new or improved processes, or new or improved management and organisation systems.                  

2.As regards enterprises other than SMEs, the support referred to in paragraph 1 shall only be granted through the financial                        instruments provided for in Title IV of Part Two of Regulation (EU) No 1303/2013.                  

### *CHAPTER V*U.K.***Compensation for additional costs in outermost regions for fishery and aquaculture products***

#### Article 70U.K.Compensation regime

1.The EMFF may support the compensation of additional costs incurred by operators in the fishing, farming, processing and marketing                        of certain fishery and aquaculture products from the outermost regions referred to in Article 349 TFEU.                  

2.Each Member State concerned shall determine, for the regions referred to in paragraph 1, the list of fishery and aquaculture                        products and the quantity of those products eligible for compensation.                  

3.When establishing the list and the quantities referred to in paragraph 2, Member States shall take into account all relevant                        factors, in particular the need to ensure that the compensation is fully compatible with the CFP rules.                  

4.The compensation shall not be granted for fishery and aquaculture products:                  

(a)caught by third country vessels, with the exception of fishing vessels which fly the flag of Venezuela and operate in Union                        waters;                  

(b)caught by Union fishing vessels that are not registered in a port of one of the regions referred to in paragraph 1;                  

(c)imported from third countries.                  

5.Point (b) of paragraph 4 shall not apply if the existing capacity of the processing industry in the outermost region concerned                        exceeds the quantity of raw material supplied in accordance with the compensation plan of the region concerned.                  

6.The following operators shall be eligible for compensation:                  

(a)natural or legal persons using means of production to obtain fishery or aquaculture products with a view to placing them on                        the market;                  

(b)the owners or operators of vessels that are registered in the ports of the regions referred to in paragraph 1 and that are                        operating in those regions, or associations of such owners or operators;                  

(c)the operators in the processing and marketing sector or associations of such operators.                  

#### Article 71U.K.Calculation of the compensation

The compensation shall be paid to the operators referred to in Article 70(6) carrying out activities in the regions referred                     to in Article 70(1) and shall take into account:                  

for each fishery or aquaculture product or category of products, the additional costs resulting from the specific handicaps                              of the regions concerned; and                           

any other type of public intervention affecting the level of additional costs.

#### Article 72U.K.Compensation plan

1.The Member States concerned shall submit to the Commission a compensation plan for each region referred to in Article 70(1).                        That plan shall include the list, and quantities of fishery and aquaculture products and the type of operators referred to                        in Article 70, the level of compensation referred to in Article 71 and the managing authority referred to in Article 97. The                        Commission shall adopt implementing acts setting out its decision whether to approve such compensation plans.                  

2.Member States may amend the content of the compensation plan referred to in paragraph 1. Member States shall submit such amendments                        to the Commission. The Commission shall adopt implementing acts setting out its decision whether to approve those amendments.                  

3.The Commission shall adopt implementing acts defining the structure of the compensation plan. Those implementing acts shall                        be adopted in accordance with the examination procedure referred to in Article 127(3).                  

4.The Commission shall be empowered to adopt delegated acts, in accordance with Article 126, laying down the criteria for the                        calculation of the additional costs resulting from the specific handicaps of the regions concerned.                  

#### Article 73U.K.State aid for implementing compensation plans

Member States may grant additional financing for the implementation of the compensation plans referred to in Article 72. In                     such cases, Member States shall notify the Commission of the State aid which the Commission may approve in accordance with                     this Regulation as part of those plans. State aid thus notified shall be regarded as notified within the meaning of the first                     sentence of Article 108(3) TFEU.                  

### *CHAPTER VI*U.K.***Accompanying measures for the CFP under shared management***

#### Article 74U.K.Geographical scope

By way of derogation from Article 2, this Chapter shall also apply to operations carried out outside the territory of the                     Union.                  

#### Article 75U.K.Specific objectives

Support under this Chapter shall contribute to achieving the specific objectives under the Union priority set out in Article                     6(3).                  

#### Article 76U.K.Control and enforcement

1.The EMFF may support the implementation of a Union control, inspection and enforcement system as provided for in Article 36                        of Regulation (EU) No 1380/2013 and further specified in Regulation (EC) No 1224/2009.                  

2.In particular, the following types of operations shall be eligible:                  

(a)the purchase, installation and development of technology, including computer hardware and software, vessel detection systems                        (VDS), closed-circuit television (CCTV) systems and IT networks enabling the gathering, administration, validation, analysis,                        risk management, presentation (by means of the websites related to control) and exchange of, and the development of sampling                        methods for, data related to fisheries, as well as interconnection to cross-sectoral data exchange systems;                  

(b)the development, purchase and installation of the components, including computer hardware and software, that are necessary                        to ensure data transmission from actors involved in fishing and the marketing of fishery products to the relevant Member State                        and Union authorities, including the necessary components for electronic recording and reporting systems (ERS), vessel monitoring                        systems (VMS) and automatic identification systems (AIS) used for control purposes;                  

(c)the development, purchase and installation of the components, including computer hardware and software, which are necessary                        to ensure the traceability of fishery and aquaculture products, as referred to in Article 58 of Regulation (EC) No 1224/2009;                  

(d)the implementation of programmes for exchanging data between Member States and for analysing them;                  

(e)the modernisation and purchase of patrol vessels, aircrafts and helicopters, provided that they are used for fisheries control                        for at least 60 % of the total period of use per year;                  

(f)the purchase of other control means, including devices to enable the measurement of engine power and weighing equipment;                  

(g)the development of innovative control and monitoring systems and the implementation of pilot projects related to fisheries                        control, including fish DNA analysis or the development of websites related to control;                  

(h)training and exchange programmes, including between Member States, of personnel responsible for the monitoring, control and                        surveillance of fisheries activities;                  

(i)cost/benefit analyses and assessments of audits performed and expenditure incurred by competent authorities in carrying out                        monitoring, control and surveillance;                  

(j)initiatives, including seminars and media tools, aimed at enhancing awareness, among both fishermen and other players such                        as inspectors, public prosecutors and judges, as well as among the general public, of the need to fight illegal, unreported                        and unregulated fishing and of the implementation of the CFP rules;                  

(k)operational costs incurred in carrying out more stringent control for stocks subject to specific control and inspection programmes                        established in accordance with Article 95 of Regulation (EC) No 1224/2009 and subject to control coordination in accordance                        with Article 15 of Council Regulation (EC) No 768/2005(38);                  

(l)programmes linked to the implementation of an action plan established in accordance with Article 102(4) of Regulation (EC)                        No 1224/2009, including any operational costs incurred.                  

3.The measures listed in points (h) to (l) of paragraph 2 shall only be eligible for support if they relate to control activities                        carried out by a public authority.                  

4.In the case of the measures listed in points (d) and (h) of paragraph 2, the Member States concerned shall designate the managing                        authorities responsible for the project.                  

#### Article 77U.K.Data collection

1.The EMFF shall support the collection, management and use of data, as provided for in Article 25(1) and (2) of Regulation                        (EU) No 1380/2013 and further specified in Regulation (EC) No 199/2008.                  

2.In particular, the following types of operations shall be eligible:                  

(a)the collection, management and use of data for the purpose of scientific analysis and implementation of the CFP;                  

(b)national, transnational and subnational multiannual sampling programmes, provided that they relate to stocks covered by the                        CFP;                  

(c)at-sea monitoring of commercial and recreational fisheries, including monitoring of by-catch of marine organisms such as marine                        mammals and birds;                  

(d)research surveys at sea;                  

(e)the participation of representatives of Member States and regional authorities in regional coordination meetings, meetings                        of regional fisheries management organisations of which the Union is a contracting party or an observer, or meetings of international                        bodies responsible for providing scientific advice;                  

(f)the improvement of data collection and data management systems and the implementation of pilot studies to improve existing                        data collection and data management systems.                  

### *CHAPTER VII*U.K.***Technical assistance at the initiative of Member States***

#### Article 78U.K.Technical assistance at the initiative of Member States

1.The EMFF may support, at the initiative of a Member State, and subject to a ceiling of 6 % of the total amount of the operational                        programme:                  

(a)the measures of technical assistance referred to in Article 59(1) of Regulation (EU) No 1303/2013;                  

(b)the establishment of national networks aiming at disseminating information, capacity building, exchanging best practices and                        supporting cooperation between the FLAGs in the territory of the Member State.                  

2.In duly justified circumstances, the threshold referred to in paragraph 1 may exceptionally be exceeded.                  

### *CHAPTER VIII*U.K.***The IMP measures financed under shared management***

#### Article 79U.K.Specific objectives

1.Support under this Chapter shall contribute to the achievement of the specific objectives under the Union priority set out                        in Article 6(6), including:                  

(a)the Integrated maritime surveillance (IMS) and, in particular, the Common information sharing environment (CISE) for the surveillance                        of the Union maritime domain;                  

(b)the promotion of the protection of the marine environment, in particular its biodiversity and marine protected areas such                        as Natura 2000 sites, without prejudice to Article 37 of this Regulation, and the sustainable use of marine and coastal resources,                        and the further definition of the boundaries of the sustainability of human activities that have an impact on the marine environment,                        in particular in the framework of Directive 2008/56/EC.                  

2.Amendments of the operational programme with regard to the measures referred to in paragraph 1 shall not result in an increase                        of the total financial allocation referred to in Article 13(7).                  

#### Article 80U.K.Eligible operations

1.The EMFF may support operations in accordance with the objectives set out in Article 79, such as operations that:                  

(a)contribute to achieving the objectives of the IMS and, in particular, those of the CISE;                  

(b)protect the marine environment, in particular its biodiversity and marine protected areas such as Natura 2000 sites, in accordance                        with the obligations established in Directives 92/43/EEC and 2009/147/EC;                  

(c)improve the knowledge on the state of the marine environment, with a view to establishing the monitoring programmes and the                        programmes of measures provided for in Directive 2008/56/EC, in accordance with the obligations established in that Directive.                  

2.The salary costs of personnel of national administrations shall not be considered to be eligible operating costs.                  

## TITLE VIU.K.**MEASURES FINANCED UNDER DIRECT MANAGEMENT**

### *CHAPTER I*U.K.***Integrated maritime policy***

#### Article 81U.K.Geographical scope

By way of derogation from Article 2, this Chapter shall also apply to operations carried out outside the territory of the                     Union.                  

#### Article 82U.K.Scope and objectives

Support under this Chapter shall contribute to enhancing the development and implementation of the Union’s IMP. It shall:

foster the development and implementation of integrated governance of maritime and coastal affairs, in particular by:

promoting actions which encourage Member States and their regions to develop, introduce or implement integrated maritime governance;

promoting dialogue and cooperation with and among competent authorities of the Member States and stakeholders on marine and                                       maritime issues, including by developing and implementing integrated sea-basin strategies taking into account a balanced approach                                       in all sea basins as well as the specific characteristics of the sea basins and sub-sea basins, and relevant macro-regional                                       strategies where applicable;                                    

promoting cross-sectoral cooperation platforms and networks, including representatives of public authorities at national,                                       regional and local level, industry including tourism, research stakeholders, citizens, civil society organisations and the                                       social partners;                                    

improving the cooperation between Member States through exchange of information and best practices among their competent authorities;

promoting the exchange of best practices and dialogue at international level, including bilateral dialogue with third countries,                                       taking into account UNCLOS and the relevant international conventions based on UNCLOS, without prejudice to other agreements                                       or arrangements which may exist between the Union and the third countries concerned. Such dialogue shall include, as appropriate,                                       effective discussion on the ratification and implementation of UNCLOS;                                    

enhancing the visibility of, and raising the awareness of public authorities, the private sector and the general public to                                       an integrated approach to, maritime affairs;                                    

contribute to the development of cross-sectoral initiatives that are mutually beneficial to different maritime sectors and/or                              sectoral policies, taking into account and building upon existing tools and initiatives, such as:                           

the IMS so as to reinforce the safe, secure and sustainable use of maritime space in particular by enhancing effectiveness                                       and efficiency through information exchange across sectors and borders, while taking due account of existing and future cooperation                                       mechanisms and systems;                                    

maritime spatial planning and integrated coastal zone management processes;

the progressive development of a comprehensive and publicly accessible high quality marine data and knowledge base which shall                                       facilitate the sharing, re-use and dissemination of those data and knowledge among various user groups, thus avoiding a duplication                                       of efforts; for that purpose, the best use shall be made of existing Union and Member States’ programmes;                                    

support sustainable economic growth, employment, innovation and new technologies within emerging and prospective maritime                              sectors, as well as in coastal, insular and outermost regions of the Union, in a way that complements established sectoral                              and national activities;                           

promote the protection of the marine environment, in particular its biodiversity and marine protected areas such as Natura                              2000 sites, and the sustainable use of marine and coastal resources and to further define the boundaries of the sustainability                              of human activities that have an impact on the marine environment, in accordance with the objectives of achieving and maintaining                              a good environmental status as required by Directive 2008/56/EC.                           

#### Article 83U.K.Eligible operations

1.The EMFF may support operations in accordance with the objectives set out in Article 82, such as:                  

(a)studies;                  

(b)projects, including test projects and cooperation projects;                  

(c)public information and sharing best practices, awareness-raising campaigns and associated communication and dissemination                        activities such as publicity campaigns, events, the development and maintenance of websites, and stakeholder platforms;                  

(d)conferences, seminars, fora and workshops;                  

(e)coordination activities, including information-sharing networks, and development support for sea–basin strategies;                  

(f)the development, operation and maintenance of IT systems and networks enabling the gathering, administration, validation,                        analysis and exchange of, and the development of sampling methods for, data, as well as interconnection to cross–sectoral                        data exchange systems;                  

(g)training projects for the development of knowledge, professional qualifications and measures aimed at promoting professional                        development in the maritime sector.                  

2.In order to achieve the specific objective of developing cross–border and cross–sectoral operations set out in point (b) of                        Article 82, the EMFF may support:                  

(a)the development and implementation of technical tools for the IMS, in particular for supporting the deployment, operation                        and maintenance of the CISE, with a view to promoting cross-sectoral and cross-border surveillance information exchanges interlinking                        all user communities, taking into account the relevant developments of sectoral policies as regards surveillance and contributing,                        as appropriate, to their necessary evolution;                  

(b)activities of coordination and cooperation between Member States or regions in order to develop maritime spatial planning                        and integrated coastal zone management, including expenditure related to systems and practices of data sharing and monitoring,                        evaluation activities, the setting-up and running of networks of experts, and the setting-up of a programme aimed at building                        capacity for Member States to implement maritime spatial planning;                  

(c)initiatives to co-finance, purchase and maintain marine observation systems and technical tools for designing, setting-up                        and running an operational European marine observation and data network system which aims to facilitate the collection, acquisition,                        assembly, processing, quality control, re-use and distribution of marine data and knowledge, through cooperation between Member                        States and/or international institutions concerned.                  

### *CHAPTER II*U.K.***Accompanying measures for the CFP and the IMP under direct management***

#### Article 84U.K.Geographical scope

By way of derogation from Article 2, this Chapter shall also apply to operations carried out outside the territory of the                     Union.                  

#### Article 85U.K.Specific objectives

Measures under this Chapter shall facilitate the implementation of the CFP and the IMP, in particular with regard to:

the collection, management and dissemination of scientific advice under the CFP;

specific control and enforcement measures under the CFP;

voluntary contributions to international organisations;

Advisory Councils;

market intelligence;

communication activities under the CFP and the IMP.

#### Article 86U.K.Scientific advice and knowledge

1.The EMFF may support the provision of scientific deliverables, particularly applied–research projects directly linked to the                        provision of scientific and socio–economic opinions and advice, for the purpose of sound and efficient fisheries management                        decisions under the CFP.                  

2.In particular, the following types of operations shall be eligible:                  

(a)studies and pilot projects needed for the implementation and development of the CFP, including those on alternative types                        of sustainable fishing and aquaculture management techniques, including within Advisory Councils;                  

(b)the preparation and provision of scientific opinions and advice by scientific bodies, including international advisory bodies                        in charge of stock assessments, by independent experts and by research institutions;                  

(c)the participation of experts in the meetings of working groups on scientific and technical issues related to fisheries, such                        as STECF, as well as in international advisory bodies and in meetings where the contribution of fishery and aquaculture experts                        is required;                  

(d)research surveys at sea, as referred to in Article 12(2) of Regulation (EC) No 199/2008, in areas where Union vessels operate                        under Sustainable fisheries partnership agreements as referred to in Article 31 of Regulation (EU) No 1380/2013;                  

(e)expenditure incurred by the Commission for services related to the collection, management and use of data, to the organisation                        and management of fisheries expert meetings and the management of annual work programmes related to fisheries scientific and                        technical expertise, to the processing of data calls and datasets and to the preparatory work aiming at delivering scientific                        opinions and advice;                  

(f)cooperation activities between Member States in the field of data collection, including those between the various regional                        stakeholders, and including the setting–up and running of regionalised databases for the storage, management and use of data                        which will benefit regional cooperation and improve data collection and management activities as well as improving scientific                        expertise in support of fisheries management.                  

#### Article 87U.K.Control and enforcement

1.The EMFF may support the implementation of a Union control, inspection and enforcement system as provided for in Article 36                        of Regulation (EU) No 1380/2013 and further specified in Regulation (EC) No 1224/2009.                  

2.In particular, the following types of operations shall be eligible:                  

(a)joint purchase and/or chartering by several Member States belonging to the same geographical area, of patrol vessels, aircrafts                        and helicopters, provided that they are used for fisheries control for at least 60 % of the total period of use per year;                  

(b)expenditure relating to the assessment and development of new control technologies, as well as of processes for the exchange                        of data;                  

(c)all operational expenditure related to control and evaluation by the Commission of the implementation of the CFP, in particular                        that relating to verification, inspection and audit missions, equipment and training for Commission officials, the organisation                        of or participation in meetings, including the exchange of information and best practices between Member States, studies,                        IT services and suppliers, and the charter or purchase by the Commission of inspection means as specified in Titles IX and                        X of Regulation (EC) No 1224/2009.                  

3.With a view to strengthening and standardising controls, the EMFF may support the implementation of transnational projects                        that aim to develop and test the inter–State control, inspection and enforcement systems provided for in Article 36 of Regulation                        (EU) No 1380/2013 and further laid down in Regulation (EC) No 1224/2009.                  

Eligible types of operations shall include, in particular, the following:

(a)international training programmes for personnel responsible for monitoring, control and surveillance of fisheries activities;                  

(b)initiatives, including seminars and media tools, for standardising the interpretation of regulations and associated controls                        in the Union.                  

4.In the case of the operations referred to in point (a) of paragraph 2, only one of the Member States concerned shall be designated                        as a beneficiary.                  

#### Article 88U.K.Voluntary financial contributions to international organisations

The EMFF may support the following types of operations in the area of international relations:

financial contributions provided to the United Nations organisations as well as voluntary funding provided to any international                              organisation active in the field of the Law of the Sea;                           

financial contributions to preparations for new international organisations or the preparation of new international treaties                              which are of interest to the Union;                           

financial contributions to work or programmes carried out by international organisations which are of special interest to                              the Union;                           

financial contributions to any activity (including working, informal or extraordinary meetings of contracting parties) which                              upholds the interests of the Union in international organisations and strengthens cooperation with its partners in those organisations.                              In that regard, when the presence of representatives of third countries in negotiations and meetings in international fora                              and organisations becomes necessary for the interests of the Union, the EMFF may bear the costs of their participation.                           

#### Article 89U.K.Advisory Councils

1.The EMFF shall support the operating costs of the Advisory Councils established in accordance with Article 43 of Regulation                        (EU) No 1380/2013.                  

2.An Advisory Council having legal personality may apply for Union support as a body pursuing an aim of general European interest.                  

#### Article 90U.K.Market intelligence

The EMFF may support the development and dissemination of market intelligence for fishery and aquaculture products by the                     Commission in accordance with Article 42 of Regulation (EU) No 1379/2013.                  

#### Article 91U.K.Communication activities under the CFP and the IMP

The EMFF may support:

the costs of information and communication activities linked to the CFP and the IMP, including:

the costs of the production, translation and dissemination of material tailored to the specific needs of the different target                                       groups in written, audiovisual and electronic format;                                    

the costs of the preparation and organisation of events and meetings to inform, or collect the views of, the different parties                                       concerned by the CFP and the IMP;                                    

the travelling and accommodation costs of experts and stakeholders’ representatives invited by the Commission to meetings;

the costs of the corporate communication of the political priorities of the Union as far as they are related to the general                              objectives of this Regulation.                           

### *CHAPTER III*U.K.***Technical assistance***

#### Article 92U.K.Technical assistance at the initiative of the Commission

The EMFF may support, at the initiative of the Commission and subject to the ceiling of 1,1 % of the EMFF:

the measures of technical assistance specified in Article 58 of Regulation (EU) No 1303/2013;

the preparation, monitoring and evaluation of sustainable fisheries agreements and the Union participation in regional fisheries                              management organisations. The measures concerned shall consist of studies, meetings, expert involvement, temporary staff costs,                              information activities and any other administrative costs or costs arising from scientific or technical assistance by the                              Commission;                           

the setting-up of a European network of FLAGs aimed at capacity building, disseminating information, exchanging experiences                              and best practices and supporting cooperation between the FLAGs. That network shall cooperate with the networking and technical                              support bodies for local development set up by the ERDF, the ESF and the EAFRD as regards their local development activities                              and transnational cooperation.                           

## TITLE VIIU.K.**IMPLEMENTATION UNDER SHARED MANAGEMENT**

### *CHAPTER I*U.K.***General provisions***

#### Article 93U.K.Scope

This Title shall apply to measures financed under shared management as set out in Title V.

### *CHAPTER II*U.K.***Delivery mechanism***

#### *Section 1*U.K.***Support from the EMFF***

##### Article 94U.K.Determination of co-financing rates

1.When adopting implementing acts pursuant to Article 19 approving an operational programme, the Commission shall set the maximum                        EMFF contribution to that programme.                  

2.The EMFF contribution shall be calculated on the basis of the amount of eligible public expenditure.                  

The operational programme shall establish the EMFF contribution rate applicable to the Union priorities set out in Article                     6. The maximum EMFF contribution rate shall be 75 % and the minimum EMFF contribution rate shall be 20 % of eligible public                     expenditure.                  

3.By way of derogation from paragraph 2, the EMFF contribution shall be:                  

(a)100 % of the eligible public expenditure for the support under storage aid referred to in Article 67;                  

(b)100 % of the eligible public expenditure for the compensation regime referred to in Article 70;                  

(c)50 % of the eligible public expenditure for the support referred to in Articles 33, 34 and Article 41(2);                  

(d)70 % of the eligible public expenditure for the support referred to in point (e) of Article 76(2);                  

(e)90 % of the eligible public expenditure for the support referred to in points (a) to (d) and (f) to (l) of Article 76(2);                  

(f)80 % of the eligible expenditure for the support referred to in Article 77.                  

4.By way of derogation from paragraph 2, the maximum EMFF contribution rate applicable to the specific objectives under a Union                        priority shall be increased by ten percentage points, where the whole of the Union priority set out in Article 6(4) is delivered                        through community-led local development.                  

##### Article 95U.K.Intensity of public aid

1.Member States shall apply a maximum intensity of public aid of 50 % of the total eligible expenditure of the operation.                  

2.By way of derogation from paragraph 1, Member States may apply an intensity of public aid of 100 % of the eligible expenditure                        of the operation where:                  

(a)the beneficiary is a public law body or an undertaking entrusted with the operation of services of general economic interest                        as referred to in Article 106(2) TFEU, where the aid is granted for the operation of such services;                  

(b)the operation is related to the storage aid referred to in Article 67;                  

(c)the operation is related to the compensation regime referred to in Article 70;                  

(d)the operation is related to the data collection referred to in Article 77;                  

(e)the operation is related to support under Article 33 or 34 or to compensation under Article 54, 55 or 56;                  

(f)the operation is related to the IMP measures referred to in Article 80.                  

3.By way of derogation from paragraph 1, Member States may apply an intensity of public aid between 50 % and 100 % of the total                        eligible expenditure where:                  

(a)the operation is implemented under Chapter I, II or IV of Title V and fulfils all of the following criteria:                  

it is of collective interest;

it has a collective beneficiary;

it has innovative features, where appropriate, at local level;

(b)the operation is implemented under Chapter III of Title V, fulfils one of the criteria referred to in points (a)(i), (ii)                        or (iii) of this paragraph and provides public access to its results.                  

4.By way of derogation from paragraph 1, additional percentage points of public aid intensity shall apply for specific types                        of operations as set out in Annex I.                  

5.The Commission shall adopt implementing acts establishing how the different percentage points of public aid intensity shall                        apply in case several conditions of Annex I are fulfilled. Those implementing acts shall be adopted in accordance with the                        examination procedure referred to in Article 127(3).                  

##### Article 96U.K.Calculation of additional costs or income foregone

Where aid is granted on the basis of additional costs or income foregone, Member States shall ensure that the relevant calculations                     are adequate, accurate and established in advance on the basis of a fair, equitable and verifiable calculation.                  

### *CHAPTER III*U.K.***Management and control systems***

#### Article 97U.K.Managing authority

1.In addition to the general rules set out in Article 125 of Regulation (EU) No 1303/2013, the managing authority shall:                  

(a)by 31 March each year, provide the Commission with relevant cumulative data on operations selected for funding until the end                        of the previous calendar year, including key characteristics of the beneficiary and the operation itself;                  

(b)ensure publicity for the operational programme by informing potential beneficiaries, professional organisations, the economic                        and social partners, bodies involved in promoting equality between men and women, and the non-governmental organisations concerned,                        including environmental organisations, of the possibilities offered by the programme and the rules for gaining access to programme                        funding;                  

(c)ensure publicity for the operational programme by informing beneficiaries of the Union contribution and the general public                        of the role played by the Union in the programme.                  

2.The Commission shall adopt implementing acts laying down rules for the presentation of the data referred to in point (a) of                        paragraph 1. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 127(2).                  

#### Article 98U.K.Transmission of financial data

1.By 31 January and 31 July, the Member States shall transmit, by electronic means, to the Commission a forecast of the amount                        for which they expect to submit payment applications for the current and for the subsequent financial year.                  

2.The Commission shall adopt an implementing act establishing the model to be used when submitting the financial data to the                        Commission. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 127(3).                  

### *CHAPTER IV*U.K.***Control by Member States***

#### Article 99U.K.Financial corrections by Member States

1.In addition to the financial corrections referred to in Article 143 of Regulation (EU) No 1303/2013, Member States shall make                        financial corrections if the beneficiary does not respect the obligations referred to in Article 10(2) of this Regulation.                  

2.In the cases of financial corrections referred to in paragraph 1, Member States shall determine the amount of the correction,                        which shall be proportionate, having regard to the nature, gravity, duration and repetition of the infringement or offence                        by the beneficiary and the importance of the EMFF contribution to the economic activity of the beneficiary.                  

### *CHAPTER V*U.K.***Control by the Commission***

#### *Section 1*U.K.***Interruption and suspension***

##### Article 100U.K.Interruption of the payment deadline

1.In addition to the criteria allowing for interruption listed in points (a), (b) and (c) of Article 83(1) of Regulation (EU)                        No 1303/2013, the authorising officer by delegation, within the meaning of Regulation (EU, Euratom) No 966/2012, may interrupt                        the payment deadline for an interim payment claim in the case of non-compliance by a Member State with its obligations under                        the CFP which is liable to affect the expenditure contained in a certified statement of expenditure for which the interim                        payment is requested.                  

2.Prior to the interruption of an interim payment deadline as referred to in paragraph 1, the Commission shall, adopt implementing                        acts recognising that there is evidence suggesting non-compliance with obligations under the CFP. Before the Commission adopts                        such implementing acts, it shall immediately inform the Member State concerned of such evidence or reliable information and                        the Member State shall be given the opportunity to present its observations within a reasonable period of time.                  

3.The interruption of all or part of the interim payments related to the expenditure referred to in paragraph 1 covered by the                        payment claim shall be proportionate, having regard to the nature, gravity, duration and repetition of the non-compliance.                  

##### Article 101U.K.Suspension of payments

1.In addition to Article 142 of Regulation (EU) No 1303/2013, the Commission may adopt implementing acts suspending all or part                        of the interim payments under the operational programme in the case of a serious non-compliance by a Member State with its                        obligations under the CFP, which is liable to affect the expenditure contained in a certified statement of expenditure for                        which the interim payment is requested.                  

2.Prior to the suspension of an interim payment as referred to in paragraph 1, the Commission shall adopt an implementing act                        recognising that a Member State has failed to comply with its obligations under the CFP. Before the Commission adopts such                        an implementing act, it shall immediately inform the Member State concerned of such findings or reliable information and the                        Member State shall be given the opportunity to present its observations on the matter.                  

3.The suspension of all or part of the interim payments related to the expenditure referred to in paragraph 1 covered by the                        payment claim shall be proportionate, having regard to the nature, gravity, duration and repetition of the serious non-compliance.                  

##### Article 102U.K.Commission powers

The Commission shall be empowered to adopt delegated acts, in accordance with Article 126, defining those cases of non-compliance,                     referred to in Article 100, and the cases of serious non-compliance, referred to in Article 101(1), deriving from the relevant                     CFP rules that are essential to the conservation of marine biological resources.                  

#### *Section 2*U.K.***Information exchange and financial corrections***

##### Article 103U.K.Access to information

On request by the Commission, Member States shall communicate to the Commission the laws, regulations and administrative provisions                     which they have adopted for implementing Union acts relating to the CFP, where those acts have a financial impact on the EMFF.                  

##### Article 104U.K.Confidentiality

1.Member States and the Commission shall take all necessary steps to ensure the confidentiality of the information communicated                        or obtained during on-the-spot controls or in the context of the clearance of accounts implemented pursuant to this Regulation.                  

2.The principles referred to in Article 8 of Council Regulation (Euratom, EC) No 2185/96(39) shall apply to the information referred to in paragraph 1 of this Article.                  

##### Article 105U.K.Financial corrections by the Commission

1.In addition to the cases referred to in Article 22(7), Article 85 and Article 144(1) of Regulation (EU) No 1303/2013, the                        Commission shall adopt implementing acts making financial corrections by cancelling all or part of the Union contribution                        to an operational programme if, after carrying out the necessary examination, it concludes that:                  

(a)expenditure contained in a certified statement of expenditure is affected by cases in which the beneficiary does not respect                        the obligations referred to in Article 10(2) of this Regulation and has not been corrected by the Member State prior to the                        opening of the correction procedure under this paragraph;                  

(b)expenditure contained in a certified statement of expenditure is affected by cases of serious non-compliance with the CFP                        rules by the Member State which have resulted in the suspension of payment under Article 101 of this Regulation and where                        the Member State concerned still fails to demonstrate that it has taken the necessary remedial action to ensure compliance                        with and the enforcement of applicable rules in the future.                  

2.The Commission shall decide on the amount of the correction taking into account the nature, gravity, duration and repetition                        of the serious non-compliance by the Member State or beneficiary with the CFP rules and the importance of the EMFF contribution                        to the economic activity of the beneficiary concerned.                  

3.Where it is not possible to quantify precisely the amount of expenditure linked to non-compliance with the CFP rules by the                        Member State, the Commission shall apply a flat rate or extrapolated financial correction in accordance with paragraph 4.                  

4.The Commission shall be empowered to adopt delegated acts, in accordance with Article 126, determining the criteria for establishing                        the level of financial correction to be applied and the criteria for applying flat rates or extrapolated financial corrections.                  

##### Article 106U.K.Procedure

Article 145 of Regulation (EU) No 1303/2013 shall apply mutatis mutandis where the Commission proposes a financial correction                     referred to in Article 105 of this Regulation.                  

### *CHAPTER VI*U.K.***Monitoring, evaluation, information and communication***

#### *Section 1*U.K.***Establishment and objectives of a common monitoring and evaluation system***

##### Article 107U.K.Monitoring and evaluation system

1.A common monitoring and evaluation system for EMFF operations under shared management shall be established with a view to                        measuring the performance of the EMFF. In order to ensure an effective performance measurement, the Commission shall be empowered                        to adopt delegated acts, in accordance with Article 126, defining the content and construction of that system.                  

2.The general impact of the EMFF shall be considered in relation to the Union priorities set out in Article 6.                  

The Commission may adopt implementing acts establishing the set of indicators specific to those Union priorities. Those implementing                     acts shall be adopted in accordance with the examination procedure referred to in Article 127(3).                  

3.Member States shall provide the Commission with all the information necessary to permit the monitoring and evaluation of the                        measures concerned. The Commission shall take into account the data needs and synergies between potential data sources, in                        particular their use for statistical purposes when appropriate. The Commission shall adopt implementing acts laying down rules                        on the information to be sent by Member States, as well as on the data needs and synergies between potential data sources.                        Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 127(3).                  

4.The Commission shall present a report on the implementation of this Article to the European Parliament and to the Council                        every four years. The first report shall be presented by 31 December 2017.                  

##### Article 108U.K.Objectives

The objectives of the common monitoring and evaluation system shall be:

to demonstrate the progress and achievements of the CFP and the IMP, to consider the general impact and to assess the effectiveness,                              efficiency and relevance of EMFF operations;                           

to contribute to better targeted support for the CFP and the IMP;

to support a common learning process related to monitoring and evaluation;

to provide robust, evidenced based evaluations of the EMFF operations that feed into the decision-making process.

#### *Section 2*U.K.***Technical provisions***

##### Article 109U.K.Common indicators

1.A list of common indicators relating to the initial situation as well as to the financial execution, outputs and results of                        the operational programme and applicable to each operational programme shall be specified in the monitoring and evaluation                        system provided for in Article 107 to allow for aggregation of data at Union level.                  

2.The common indicators shall be linked to the milestones and targets established in the operational programmes in accordance                        with the Union priorities set out in Article 6. Those common indicators shall be used for the performance review referred                        to in Article 21(1) of Regulation (EU) No 1303/2013, and shall allow assessment of the progress, efficiency and effectiveness                        of policy implementation against objectives and targets at Union and programme level.                  

##### Article 110U.K.Electronic information system

1.Key information on the implementation of the operational programme, on each operation selected for funding, as well as on                        completed operations, needed for monitoring and evaluation, including the key characteristics of the beneficiary and the project,                        shall be recorded and maintained electronically.                  

2.The Commission shall ensure that there is an appropriate secure electronic system to record, maintain and manage key information                        and report on monitoring and evaluation.                  

##### Article 111U.K.Provision of information

Beneficiaries of support under EMFF, including FLAGs, shall undertake to provide to the managing authority and/or to appointed                     evaluators or other bodies to which the performance of functions on its behalf is delegated, all the data and information                     necessary to permit monitoring and evaluation of the operational programme, in particular in relation to meeting specific                     objectives and priorities.                  

#### *Section 3*U.K.***Monitoring***

##### Article 112U.K.Monitoring procedures

1.The managing authority referred to in Article 97 of this Regulation and the monitoring committee referred to in Article 47                        of Regulation (EU) No 1303/2013 shall monitor the quality of programme implementation.                  

2.The managing authority and the monitoring committee shall carry out monitoring of the operational programme by means of financial,                        output and result indicators.                  

##### Article 113U.K.Functions of the monitoring committee

In addition to the functions provided for in Article 49 of Regulation (EU) No 1303/2013, the monitoring committee shall verify                     the performance of the operational programme and the effectiveness of its implementation. For that purpose, the monitoring                     committee shall:                  

be consulted and shall approve, within six months of the decision approving the programme, the selection criteria for the                              financed operations; the selection criteria shall be revised in accordance with programming needs;                           

examine the activities and outputs related to the evaluation plan of the programme;

examine actions in the programme relating to the fulfilment of specific *ex ante* conditionalities;                           

examine and approve the annual implementation reports before they are sent to the Commission;

examine actions to promote equality between men and women, equal opportunities, and non-discrimination, including accessibility                              for disabled persons.                           

The monitoring committee shall not be consulted on the work plans for data collection referred to in Article 21.

##### Article 114U.K.Annual implementation report

1.By 31 May 2016, and by 31 May of each subsequent year up to and including 2023, Member States shall submit to the Commission                        an annual implementation report on the implementation of the operational programme in the previous calendar year. The report                        submitted in 2016 shall cover the calendar years 2014 and 2015.                  

2.In addition to the provisions of Article 50 of Regulation (EU) No 1303/2013, annual implementation reports shall include:                  

(a)information on financial commitments and expenditure by measure;                  

(b)a summary of the activities undertaken in relation to the evaluation plan;                  

(c)information on the actions taken in cases of serious infringements as referred to in Article 10(1) of this Regulation, and                        of non-respect of the conditions laid down in Article 10(2) of this Regulation, as well as on remedy actions;                  

(d)information on actions taken to comply with Article 41(10) of this Regulation.;                  

(e)information on the actions taken to ensure the publication of beneficiaries in accordance with Annex V to this Regulation,                        for natural persons in accordance with national law, including any applicable threshold.                  

3.The Commission shall adopt implementing acts laying down rules concerning the format and presentation of the annual implementation                        reports. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 127(3).                  

#### *Section 4*U.K.***Evaluation***

##### Article 115U.K.General provisions

1.The Commission shall adopt implementing acts laying down the elements to be contained in *ex ante* evaluation reports referred to in Article 55 of Regulation (EU) No 1303/2013 and establishing the minimum requirements for                        the evaluation plan referred to in Article 56 of that Regulation. Those implementing acts shall be adopted in accordance with                        the examination procedure referred to in Article 127(3) of this Regulation.                  

2.Member States shall ensure that the evaluations conform to the common monitoring and evaluation system agreed in accordance                        with Article 107, shall organise the production and gathering of the necessary data, and shall supply the various pieces of                        information provided by the monitoring system to the evaluators.                  

3.The evaluation reports shall be made available by Member States on the internet and by the Commission on the Union website.                  

##### Article 116U.K.Ex ante evaluation

Member States shall ensure that the *ex ante* evaluator is involved from an early stage in the process of development of the operational programme, including the development                     of the analysis referred to in point (a) of Article 18(1), the design of the programme’s intervention logic and the establishment                     of the programme’s targets.                  

##### Article 117U.K.Ex post evaluation

In accordance with Article 57 of Regulation (EU) No 1303/2013, an *ex post* evaluation report shall be prepared by the Commission in close cooperation with Member States.                  

##### Article 118U.K.Synthesis of evaluations

A synthesis at Union level of the *ex ante* evaluation reports shall be undertaken under the responsibility of the Commission. The synthesis of the evaluation reports                     shall be completed at the latest by 31 December of the year following the submission of the relevant evaluations.                  

#### *Section 5*U.K.***Information and communication***

##### Article 119U.K.Information and publicity

1.The managing authority shall be responsible in accordance with point (b) of Article 97(1) for:                  

(a)ensuring the establishment of a single website or a single website portal providing information on, and access to, the operational                        programme in the Member State;                  

(b)informing potential beneficiaries about funding opportunities under the operational programme;                  

(c)publicising to Union citizens the role and achievements of the EMFF through information and communication actions on the results                        and impact of partnership agreements, operational programmes and operations;                  

(d)ensuring that a summary of measures designed to ensure compliance with the CFP rules, including cases of non-compliance by                        Member States or beneficiaries, as well as of remedy actions such as financial corrections taken, is made publicly available.                  

2.In order to ensure transparency concerning the support from the EMFF, Member States shall maintain a list of operations in                        CSV or XML format which shall be accessible through the single website or the single website portal, providing a list of operations                        and a summary of the operational programme.                  

The list of operations shall be updated at least every six months.

The minimum information to be set out in the list of operations, including specific information concerning operations under                     Articles 26, 39, 47, 54 and 56, is laid down in Annex V.                  

3.Detailed rules concerning the information and publicity measures for the public and information measures for applicants and                        beneficiaries are laid down in Annex V.                  

4.The Commission shall adopt implementing acts laying down the technical characteristics of information and publicity measures                        for the operation, instructions for creating the emblem and a definition of the standard colours. Those implementing acts                        shall be adopted in accordance with the advisory procedure referred to Article 127(2).                  

## TITLE VIIIU.K.**IMPLEMENTATION UNDER DIRECT MANAGEMENT**

### *CHAPTER I*U.K.***General provisions***

#### Article 120U.K.Scope

This Title shall apply to measures financed under direct management as set out in Title VI.

### *CHAPTER II*U.K.***Control***

#### Article 121U.K.Protection of Union financial interests

1.The Commission shall take appropriate measures to ensure that, when operations financed under this Regulation are implemented,                        the financial interests of the Union are protected by the application of preventive measures against fraud, corruption and                        any other illegal activities, by effective checks and, if irregularities are detected, by the recovery of the amounts wrongly                        paid and, where appropriate, by effective proportionate and dissuasive penalties.                  

2.The Commission or its representatives and the Court of Auditors shall have the power of audit, both on the basis of documents                        and on-the-spot checks, over all beneficiaries, contractors and sub-contractors who have received Union funds.                  

The European Anti-Fraud Office (OLAF) may carry out on-the-spot checks and inspections on economic operators concerned directly                     or indirectly by Union funding, in accordance with the procedures laid down in Regulation (EU, Euratom) No 883/2013 of the                     European Parliament and of the Council(40) and in Regulation (Euratom, EC) No 2185/96, with a view to establishing whether fraud, corruption or any other illegal activity                     has occurred affecting the financial interests of the Union in connection with a grant agreement, grant decision or a contract                     concerning Union funding.                  

3.Without prejudice to paragraphs 1 and 2, cooperation agreements with third countries and international organisations, grant                        agreements, grant decisions and contracts resulting from the implementation of this Regulation shall contain provisions expressly                        empowering the Commission, the Court of Auditors and OLAF to conduct the audits, on-the-spot checks and inspections referred                        to in those paragraphs, in accordance with their respective competences.                  

#### Article 122U.K.Audits

1.Officials of the Commission and of the Court of Auditors, or their representatives, may carry out on-the-spot audits on operations                        financed by this Regulation at any time with a notice of at least ten working days, except in urgent cases, for a period of                        up to three years after the final payment made by the Commission.                  

2.Officials of the Commission and of the Court of Auditors, or their representatives, duly empowered to carry out on-the-spot                        audits, shall have access to the books and all other documents, including documents and metadata drawn-up or received and                        recorded in an electronic format relating to expenditure financed under this Regulation.                  

3.The powers of audit referred to in paragraph 2 shall not affect the application of national provisions which reserve certain                        acts for agents specifically designated by national legislation. Officials of the Commission and of the Court of Auditors,                        or their representatives, shall not take part, inter alia, in home visits or the formal questioning of persons within the                        framework of the national legislation of the Member State concerned. However, they shall have access to information thereby                        obtained.                  

4.If any Union financial support granted under this Regulation is subsequently allocated to a third party as a final beneficiary,                        the initial beneficiary, being the recipient of the Union financial support, shall provide the Commission with all relevant                        information regarding the identity of that final beneficiary.                  

#### Article 123U.K.Suspension of payments, reduction and cancellation of the financial contribution

1.If the Commission considers that Union funds have not been used in accordance with the conditions laid down in this Regulation                        or in any other applicable Union legal act, it shall notify the beneficiaries who shall have one month from the date of such                        notification to provide the Commission with their observations.                  

2.If the beneficiaries do not reply within the period referred to in paragraph 1 of this Article or if their observations are                        not considered satisfactory, the Commission shall reduce or cancel the financial contribution granted or suspend the payments.                        Any amount unduly paid shall be repaid to the general budget of the Union. Interest shall be added to any sums not repaid                        in due time under the conditions laid down in Regulation (EU, Euratom) No 966/2012.                  

### *CHAPTER III*U.K.***Evaluation and reporting***

#### Article 124U.K.Evaluation

1.Operations financed under this Regulation shall be monitored regularly in order to follow their implementation.                  

2.The Commission shall ensure the regular, independent, external evaluation of the operations financed.                  

#### Article 125U.K.Reporting

The Commission shall submit to the European Parliament and the Council:

by 31 March 2017, an interim evaluation report on the results obtained and the qualitative and quantitative aspects of the                              implementation of the operations financed under this Regulation;                           

by 31 August 2018, a communication on the continuation of the operations financed under this Regulation.

## TITLE IXU.K.**PROCEDURAL PROVISIONS**

### Article 126U.K.Exercise of delegation

1.The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.                  

2.The power to adopt delegated acts referred to in Articles 10, 14, 32, 40, 41, 72, 102, 105, 107 and 129 shall be conferred                        until 31 December 2020.                  

3.The delegation of power referred to in Articles 10, 14, 32, 40, 41, 72, 102, 105, 107 and 129 may be revoked at any time by                        the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the powers specified                        in that decision. It shall take effect the day following the publication of the decision in the *Official Journal of the European Union* or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.                  

4.As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the                        Council.                  

5.A delegated act adopted pursuant to Articles 10, 14, 32, 40, 41, 72, 102, 105, 107 and 129 shall enter into force only if                        no objection has been expressed either by the European Parliament or the Council within a period of two months of notification                        of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and                        the Council have both informed the Commission that they will not object. That period shall be extended by two months at the                        initiative of the European Parliament or the Council.                  

### Article 127U.K.Committee procedure

1.The Commission shall be assisted by a Committee for the European Maritime and Fisheries Fund. That committee shall be a committee                        within the meaning of Regulation (EU) No 182/2011.                  

2.Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply.                  

3.Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.                  

Where the committee delivers no opinion on a draft implementing act to be adopted pursuant to Article 95(5) of this Regulation,                     the Commission shall not adopt the draft implementing act and the third subparagraph of Article 5(4) of Regulation (EU) No                     182/2011 shall apply.                  

## TITLE XU.K.**FINAL PROVISIONS**

### Article 128U.K.Repeal

1.Without prejudice to the provisions of Article 129(2), Regulations (EC) No 2328/2003, (EC) No 861/2006, (EC) No 1198/2006,                        (EC) No 791/2007, (EU) No 1255/2011 and Article 103 of Regulation (EC) No 1224/2009 are repealed with effect from 1 January                        2014.                  

2.References to the repealed Regulations shall be construed as references to this Regulation.                  

### Article 129U.K.Transitional provisions

1.In order to facilitate the transition from the support schemes established by Regulations (EC) No 861/2006, (EC) No 1198/2006,                        (EC) No 791/2007 and (EU) No 1255/2011 to the scheme established by this Regulation, the Commission shall be empowered to                        adopt delegated acts, in accordance with Article 126, laying down the conditions under which support approved by the Commission                        under those Regulations may be integrated into support provided for under this Regulation, including for technical assistance                        and for the *ex post* evaluations.                  

2.This Regulation shall not affect the continuation or modification, including the total or partial cancellation, of the projects                        concerned, until their closure, or of assistance approved by the Commission on the basis of Regulations (EC) No 2328/2003,                        (EC) No 861/2006, (EC) No 1198/2006, (EC) No 791/2007 and (EU) No 1255/2011 and Article 103 of Regulation (EC) No 1224/2009                        or any other legislation applying to that assistance on 31 December 2013, which shall continue to apply to such projects or                        assistance.                  

3.Applications made under Regulation (EC) No 1198/2006 shall remain valid.                  

### Article 130U.K.Entry into force and date of application

This Regulation shall enter into force on the day following that of its publication in the *Official Journal of the European Union*.                  

This Regulation shall apply from 1 January 2014.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 15 May 2014.

*For the European Parliament*                            

*The President*                            

M. Schulz                            

*For the Council*                            

*The President*                            

D. Kourkoulas                            

## ANNEX IU.K.

### **SPECIFIC AID INTENSITY**

## ANNEX IIU.K.

### **ANNUAL BREAKDOWN OF COMMITMENT APPROPRIATIONS FOR 2014 TO 2020**

## ANNEX IIIU.K.**INDICATIVE DISTRIBUTION OF FUNDS UNDER CHAPTERS I AND II OF TITLE VI AMONG THE OBJECTIVES SET OUT IN ARTICLES 82 AND 85** (41) 

Objectives set out in Article 82:

Development and implementation of an integrated governance of maritime and coastal affairs – 5 %

Development of cross-sectorial initiatives – 33 %

Support for sustainable economic growth, employment, innovation and new technologies – 2 %

Promotion of the protection of the marine environment – 5 %

Objectives set out in Article 85:

Collection, management and dissemination of scientific advice under the CFP – 11 %

Specific control and enforcement measures under the CFP – 19 %

Voluntary contributions to international organisations – 10 %

Advisory Councils and communication activities under the CFP and the IMP – 9 %

Market intelligence, including the establishment of electronic markets – 6 %

## ANNEX IVU.K.

### **SPECIFIC *EX ANTE* CONDITIONALITIES**

## ANNEX VU.K.**INFORMATION AND COMMUNICATION ON SUPPORT FROM THE EMFF**

### 1.List of operationsU.K.

The list of operations referred to in Article 119 shall contain, in at least one of the official languages of the Member State,                     the following data fields:                  
          -  beneficiary name (only legal entities and natural persons in accordance with national law); 
          -  Community fleet register (CFR) identification number as referred to in Article 10 of Regulation (EC) No 26/2004 (to be completed                           only where the operation is linked to a fishing vessel);                         
          -  operation name; 
          -  operation summary; 
          -  operation start date; 
          -  operation end date (expected date for physical completion or full implementation of the operation); 
          -  total eligible expenditure; 
          -  amount of Union contribution; 
          -  operation postcode; 
          -  country; 
          -  name of Union priority; 
          -  date of the last update of the list of operations. 

### 2.Information and publicity measures for the publicU.K.

#### 1.The Member State shall ensure that the information and publicity measures aim at the widest possible media coverage using                        various forms and methods of communication at the appropriate level.U.K.

#### 2.The Member State shall be responsible for organising at least the following information and publicity measures:U.K.

a major information activity publicising the launch of the operational programme;

at least twice during the programming period major information activity which promotes the funding opportunities and the strategies                              pursued and presents the achievements of the operational programme;                           

displaying the flag or emblem, as appropriate, of the Union in front of, or at a place visible to the public, at the premises                              of each managing authority;                           

publishing electronically the list of operations in accordance with section 1;

giving examples of operations, by operational programme, on the single website or on the operational programme’s website that                              is accessible through the single website portal; the examples should be in a widely spoken official language of the Union                              other than the official language or languages of the Member State concerned;                           

ensuring that a specific section of the single website is dedicated to give a short summary of innovation and eco-innovation                              operations;                           

updating information about the operational programme’s implementation, including its main achievements, on the single website                              or on the operational programme’s website that is accessible through the single website portal;                           

ensuring that a summary of measures designed to ensure compliance with the CFP rules, including cases of non-compliance by                              Member States or beneficiaries, as well as of remedy actions such as financial corrections taken, is made publicly available.                           

#### 3.The managing authority shall involve in information and publicity measures, in accordance with national laws and practices,                        the following bodies:U.K.

the partners referred to in Article 5 of Regulation (EU) No 1303/2013;

information centres on Europe, as well as Commission representation offices in Member States;

educational and research institutions.

Those bodies shall widely disseminate the information referred to in points (a) and (b) of Article 119(1).

### 3.Information measures for potential beneficiaries and beneficiariesU.K.

#### 3.1.Information measures for potential beneficiariesU.K.

##### 1.The managing authority shall ensure that the operational programme’s objectives and funding opportunities offered by the EMFF                        are disseminated widely to potential beneficiaries and all interested parties.U.K.

##### 2.The managing authority shall ensure that potential beneficiaries are informed of at least the following:U.K.

the conditions of eligibility of expenditure to be met in order to qualify for support under an operational programme;

a description of the admissibility conditions for applications, procedures for examining applications for funding and of the                              time periods involved;                           

the criteria for selecting the operations to be supported;

the contacts at national, regional or local level that are able to provide information on the operational programmes;

that applications should propose communication activities, proportionate to the size of the operation, in order to inform                              the public about the operation’s aims and the Union support to the operation.                           

#### 3.2.Information measures for beneficiariesU.K.

The managing authority shall inform beneficiaries that acceptance of funding constitutes an acceptance of their inclusion                     in the list of operations published in accordance with Article 119(2).                  

1

OJ C 299, 4.10.2012, p. 133 and OJ C 271, 19.9.2013, p. 154.                           

2

OJ C 391, 18.12.2012, p. 84.                           

3

Position of the European Parliament of 16 April 2014 (not yet published in the Official Journal) and decision of the Council                              of 8 May 2014.                           

4

Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy,                              amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002 and                              (EC) No 639/2004 and Council Decision 2004/585/EC (OJ L 354, 28.12.2013, p. 22).                           

5

Council Regulation (EC) No 2328/2003 of 22 December 2003 introducing a scheme to compensate for the additional costs incurred                              in the marketing of certain fishery products from the Azores, Madeira, the Canary Islands and the French departments of Guiana                              and Réunion, as a result of those regions’ remoteness (OJ L 345, 31.12.2003, p. 34).                           

6

Council Regulation (EC) No 861/2006 of 22 May 2006 establishing Community financial measures for the implementation of the                              Common Fisheries Policy and in the area of the Law of the Sea (OJ L 160, 14.6.2006, p. 1).                           

7

Council Regulation (EC) No 1198/2006 of 27 July 2006 on the European Fisheries Fund (OJ L 223, 15.8.2006, p. 1).                           

8

Council Regulation (EC) No 791/2007 of 21 May 2007 introducing a scheme to compensate for the additional costs incurred in                              the marketing of certain fishery products from the outermost regions the Azores, Madeira, the Canary Islands, French Guiana                              and Réunion (OJ L 176, 6.7.2007, p. 1).                           

9

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 (OJ L 321, 5.12.2011, p. 1).                           

10

The United Nations Convention on the Law of the Sea and of the Agreement on the implementation of Part XI thereof (OJ L 179, 23.6.1998, p. 3).                           

11

Regulation (EU) No 1303/2013 of the European Parliament and the Council of 17 December 2013 laying down common provisions                              on the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for                              Rural Development and the European Maritime and Fisheries Fund and laying down general provisions on the European Regional                              Development Fund, the European Social Fund, the Cohesion Fund and the European Maritime and Fisheries Fund and repealing Council                              Regulation (EC) No 1083/2006 (OJ L 347, 20.12.2013, p. 320).                           

12

Directive 2008/56/EC of the European Parliament and of the Council of 17 June 2008 establishing a framework for community                              action in the field of marine environmental policy (Marine Strategy Framework Directive) (OJ L 164, 25.6.2008, p. 19).                           

13

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 Common Fisheries Policy                              (OJ L 60, 5.3.2008, p. 1).                           

14

Regulation (EU) No 1379/2013 of the European Parliament and of the Council of 11 December 2013 on the common organisation                              of the markets in fishery and aquaculture products, amending Council Regulations (EC) No 1184/2006 and (EC) No 1224/2009 and                              repealing Council Regulation (EC) No 104/2000 (OJ L 354, 28.12.2013, p. 1).                           

15

Council 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 (OJ L 343, 22.12.2009, p. 1).                           

16

Regulation (EU) No 1291/2013 of the European Parliament and of the Council of 11 December 2013 establishing Horizon 2020 —                              the Framework Programme for Research and Innovation (2014-2020) and repealing Decision No 1982/2006/EC (OJ L 347, 20.12.2013, p. 104).                           

17

Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with                              regard to the processing of personal data and on the free movement of such data (OJ L 281, 23.11.1995, p. 31).                           

18

Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general                              principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).                           

19

Recommendation 2002/413/EC of the European Parliament and of the Council of 30 May 2002 concerning the implementation of Integrated                              Coastal Zone Management in Europe (OJ L 148, 6.6.2002, p. 24).                           

20

Commission Regulation (EC) No 26/2004 of 30 December 2003 on the Community fishing fleet register (OJ L 5, 9.1.2004, p. 25).                           

21

Council Regulation (EC) No 1005/2008 of 29 September 2008 establishing a Community system to prevent, deter and eliminate                              illegal, unreported and unregulated fishing, amending Regulations (EEC) No 2847/93, (EC) No 1936/2001 and (EC) No 601/2004                              and repealing Regulations (EC) No 1093/94 and (EC) No 1447/1999 (OJ L 286, 29.10.2008, p. 1).                           

22

Directive 2008/99/EC of the European Parliament and of the Council of 19 November 2008 on the protection of the environment                              through criminal law (OJ L 328, 6.12.2008, p. 28).                           

23

Convention drawn up on the basis of Article K.3 of the Treaty on European Union, on the protection of the European Communities’                              financial interests (OJ C 316, 27.11.1995, p. 49).                           

24

Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules                              applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (OJ L 298, 26.10.2012, p. 1).                           

25

Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ L 206, 22.7.1992, p. 7).                           

26

Directive 2010/41/EU of the European Parliament and of the Council of 7 July 2010 on the application of the principle of equal                              treatment between men and women engaged in an activity in a self-employed capacity and repealing Council Directive 86/613/EEC                              (OJ L 180, 15.7.2010, p. 1).                           

27

Council Regulation (EC) No 1967/2006 of 21 December 2006 concerning management measures for the sustainable exploitation of                              fishery resources in the Mediterranean Sea, amending Regulation (EEC) No 2847/93 and repealing Regulation (EC) No 1626/94                              (OJ L 409, 30.12.2006, p. 11).                           

28

Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds                              (OJ L 20, 26.1.2010, p. 7).                           

29

Commission Decision 2005/629/EC of 26 August 2005 establishing a Scientific, Technical and Economic Committee for Fisheries                              (OJ L 225, 31.8.2005, p. 18).                           

30

Directive 60/2000/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community                              action in the field of water policy (OJ L 327, 22.12.2000, p. 1).                           

31

Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001 on the assessment of the effects of certain                              plans and programmes on the environment (OJ L 197, 21.7.2001, p. 30).                           

32

Council Directive 2006/88/EC of 24 October 2006 on animal health requirements for aquaculture animals and products thereof,                              and on the prevention and control of certain diseases in aquatic animals (OJ L 328, 24.11.2006, p. 14).                           

33

Council Regulation (EC) No 834/2007 of 28 June 2007 on organic production and labelling of organic products and repealing                              Regulation (EEC) No 2092/91 (OJ L 189, 20.7.2007, p. 1).                           

34

Commission Regulation (EC) No 710/2009 of 5 August 2009 amending Regulation (EC) No 889/2008 laying down detailed rules for                              the implementation of Council Regulation (EC) No 834/2007, as regards laying down detailed rules on organic aquaculture animal                              and seaweed production (OJ L 204, 6.8.2009, p. 15).                           

35

Regulation (EC) No 761/2001 of the European Parliament and of the Council of 19 March 2001 allowing voluntary participation                              by organisations in a Community eco-management and audit scheme (EMAS) (OJ L 114, 24.4.2001, p. 1).                           

36

Council Decision 2009/470/EC of 25 May 2009 on expenditure in the veterinary field (OJ L 155, 18.6.2009, p. 30).                           

37

Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural                              products and foodstuffs (OJ L 343, 14.12.2012, p. 1).                           

38

Council Regulation (EC) No 768/2005 of 26 April 2005 establishing a Community Fisheries Control Agency and amending Regulation                              (EEC) No 2847/93 establishing a control system applicable to the common fisheries policy (OJ L 128, 21.5.2005, p. 1).                           

39

Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out                              by the Commission in order to protect the European Communities’ financial interests against fraud and other irregularities                              (OJ L 292, 15.11.1996, p. 2).                           

40

Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council of 11 September 2013 concerning investigations                              conducted by the European Anti-Fraud Office (OLAF) and repealing Regulation (EC) No 1073/1999 of the European Parliament and                              of the Council and Council Regulation (Euratom) No 1074/1999 (OJ L 248, 18.9.2013, p. 1).                           

41

The percentages apply to the amount set out in Article 14 excluding the allocation under Article 92.