Amended proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the European Maritime and Fisheries Fund [repealing Council Regulation (EC) No 1198/2006 and Council Regulation(EC) No 861/2006 and Council Regulation No XXX/2011 on integrated maritime policy]
Date: 2013-04-22
Institutions: European Commission
Subjects: aquaculture, common fisheries policy, financial aid, fishery resources, fishing area, innovation, marine ecosystem, shipping policy, sustainable development

EUROPEAN 
COMMISSION 

Brussels, 22.4.2013  
COM(2013) 245 final 

2011/0380 (COD) 

Amended proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on the European Maritime and Fisheries Fund [repealing Council Regulation (EC) No 
1198/2006 and Council Regulation(EC) No 861/2006 and Council Regulation No 
XXX/2011 on integrated maritime policy] 

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EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

The Commission adopted on December 2nd 2011 a proposal for a "REGULATION OF THE 
EUROPEAN  PARLIAMENT  AND  OF  THE  COUNCIL  on  the  European  Maritime  and 
Fisheries  Fund 
(EC)  No  1198/2006  and  Council 
Regulation(EC) No 861/2006 and Council Regulation No XXX/2011 on integrated maritime 
policy]" (EMFF) 

[repealing  Council  Regulation 

The Commission presented its proposals for a regulation laying down common provisions on 
the ERDF, the ESF, the CF, the EAFRD and the EMFF and general provisions on cohesion 
policy funds on 6 October 2011 (COM(2011) 615 final).  

The  initial  Commission's  proposal  for  the  EMFF  Regulation  aligned  the  management  and 
control  system  for  the  EMFF  with  the  arrangements  proposed  for  the  EAFRD.  This  was 
proposed mainly for the reason that the authorities managing the EAFRD and EMFF are often 
the same and would benefit from harmonised arrangements for these two funds.  

During the examination of the EMFF proposal in the Fisheries Working Group in the Council, 
a  number  of  Member  States  have  expressed  reservations  as  regards  the  shift  to  the  system 
proposed by the Commission for management and control and for financial management. In 
the  previous  (2000-2006)  and  the  current  (2007-2013)  programming  periods  the  delivery 
system  of  the  EMFF  was  aligned  with  arrangements  set  up  under  cohesion  policy  and 
Member  States consider  that  the  highest degree of continuity should be ensured. They have 
expressed a view that continuing with such arrangements would enable to make the best use 
of  the  expertise  gained  by  national  authorities  currently  involved  in  the  management  of  EU 
funds for fisheries. 

Although a majority of Member States have indicated that they prefer alignment of the EMFF 
with the delivery system for cohesion policy, they have also highlighted the need to take into 
account  the  principle  of  proportionality  (CPR  Article  4(5)).  The  fisheries  operational 
programmes, in most of the cases, are smaller than those under cohesion policy and also have 
specific features to ensure that the EMFF contributes to the reform of the Common Fisheries 
Policy.  

In  order  to  facilitate  the  already  on-going  negotiations  in  the  Council  and  the  European 
Parliament,  the  Commission  proposes  a  simultaneous  amendment  of  the  Commission 
proposals  for  the  Common  Provisions  Regulation  and  of  the  EMFF  Regulation  to  ensure 
simple  and  streamlined  integration  of  the  EMFF  into  an  already  existing  set  of  rules  for 
cohesion policy.  

A close alignment of EMFF delivery systems with those proposed for cohesion policy in the 
manner  proposed  will  contribute  to  harmonisation  and  consistency  of  rules  across  these 
different Funds (ERDF, ESF, CF and EMFF). It builds on the experience attained in previous 
programming periods and facilitates a smooth transition from one programming period to the 
next. 

2. 

RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND 
IMPACT ASSESSMENTS 

The  Commission  proposal  amending  the  Common  Provisions  Regulation  and  the  EMFF 
Regulation has been preceded by throrough discussions on the delivery arrangements of the 

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EMFF in the Fisheries Working Party of the Council and bilateral contacts with the Member 
States. 

An Impact Assessment has been carried out for the original legislative proposals. 

3. 

LEGAL ELEMENTS OF THE PROPOSAL 

The  proposal  involves  a  parallel  amendment  of  the  Commission  proposals  for  the  Common 
Provisions Regulation and of the EMFF Regulation: 

the  EMFF  is  integrated  in  the  relevant  provisions  in  the  Common  Provisions 
• 
Regulation which were initially specific to cohesion policy, creating a new Part Four of the 
Common Provisions Regulation which applies to cohesion policy and to the EMFF; 

Respective provisions (which correspond to the delivery arrangements of the EAFRD 
• 
or overlap with the articles of the Common Provisions Regulations in its amended form) are 
deleted from the EMFF Regulation and appropriate references to the CPR are introduced in 
the EMFF Regulation, where necessary. 

Recitals  and  definitions  are  aligned  with  the  changes  to  the  articles  and  amendment  of  the 
structure  of  the  regulations.  The  terminology  used  in  the  new  Part  Four  is  adjusted  to 
accommodate  the  specificities  of  the  EMFF  and  in  certain  instances  it  is  clarified  that  the 
Fund-specific rules under the EMFF may set out complementary rules. 

4. 

BUDGETARY IMPLICATION 

The amended proposal will have no budgetary implications. The availability of new data and 
macro-economic forecasts as well as the accession of the Republic of Croatia results however 
in changes of the EMFF envelope. 

These  modifications  are  without  prejudice  to  the  on-going  negotiations  on  the  MFF 
Regulation and the Financial Regulation. 

5. 

SUMMARY OF AMENDMENTS 

As regards the EMFF Regulation, the amendment concerns recitals 86, 89, 101, 103, 104 and 
deletion of recitals 91, 93, 94 and 97. It includes amendments to Articles 3, 12, 14, 20, 24, 25, 
28, 33, 37, 38, 39, 45, 46, 54, 56, 61, 62, 63, 64, 67, 75, 78, 92, 94, 95, 102, 103, 105, 108, 
117, 118, 119, 120, 122, 126, 128, 129, 131, 132, 133, 134, 135, 1369, 137, 138, 139, 140, 
141, 142,143, 144, 145, 146, 147, 148, 149, 150,151, 152, 153, 154 and deletion of Articles 
96, 97, 98, 99, 100, 101, 104, 106, 107, 109, 110, 111, 112, 113, 114, 115, 116, 121, 123, 124, 
125, 127 and 130. 

As  regards  the  Common  Provisions  Regulation,  the  amendment  concerns  recitals  3,  75,  78, 
80,  84  and  87.  It  also  introduces  changes  in  Article  1  and  Article  3  to  clearly  set  out  the 
applicability of each Part of the Common Provisions Regulation as regards each of the Funds 
(ERDF,  ESF,  CF,  EMFF  and  EAFRD).  It  has  required  limited  adjustment  of  definitions  set 
out under paragraphs (5), (7), (25) and (26) of Article 2 in order to replace references to Part 
Three with references to Part Four. 

It includes amendments to Articles 55 (7), 64 (6), 74 (1), 112 (3), 113 (5), 114 (3) (b) and (g), 
117 (4), 120, 121 (1), 124, 126 (4), 128, 130 (1), 131 (1), 133(1), 134 (1), 135, 136, 137 and 
140 (1). 

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2011/0380 (COD) 

Amended proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on the European Maritime and Fisheries Fund [repealing Council Regulation (EC) No 
1198/2006 and Council Regulation(EC) No 861/2006 and Council Regulation No 
XXX/2011 on integrated maritime policy] 

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),  Article  175,  Article 
188, Article 192(1), Article 194(2) and Article 195(2) 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 opinion of the European Economic and Social Committee1, 
Having regard to the opinion of the Committee of the Regions2, 

Acting in accordance with the ordinary legislative procedure, 

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 on 
the "Reform of the Common Fisheries Policy" (hereinafter "the CFP Communication") 
set  out  potential  challenges,  objectives  and  orientations  for  the  Common  Fisheries 
Policy  (hereinafter  "the  CFP")  after  2013.  In  the  light  of  the  debate  on  that 
Communication, the CFP should be  reformed with  effect from 1 January 2014.  That 
reform should cover all the main elements of the CFP, including its financial aspects. 
In  order  to  address  the  objectives  of  the  reform,  it  is  appropriate  to  repeal  Council 
Regulation (EC) No 1198/2006 on the European Fisheries Fund3, Regulation (EC) No 
861/2006  establishing  Community  financial  measures  for  the  implementation  of  the 
Common  Fisheries  Policy  and  in  the  area  of  the  Law  of  the  Sea4,  the  provisions  of 
Regulation  (EC)  No  1290/2005  Guarantee  Fund  concerning  the  fishery  and 
aquaculture  products5,  Regulation  (EC)  No  791/2007  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' remoteness6 and to replace them with 
a new Regulation on the European Maritime Fisheries Fund (EMFF). Recognizing that 
all  matters  related  to  Europe's  oceans  and  seas  are  interlinked,  the  new  Regulation 
should also support the further development of the Integrated Maritime Policy (IMP) 

1 
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3 
4 
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6 

OJ C , , p. . 
OJ C , , p. . 
OJ L223, 15.8.2006, p.1 
OJ L 160, 14.6.2006, p.1. 
OJ L209, 11.8.2005, p.1. 
OJ L176, 6.7.2007, p 1. 

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(2) 

(3) 

(4) 

(5) 

(6) 

(7) 

covered in [Regulation of the European Parliament and of the Council establishing a 
Programme to support the further development of an Integrated Maritime Policy]. 

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

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

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

In  line  with  the  conclusions  of  the  European  Council  of  17  June  2010,  whereby  the 
Europe 2020 Strategy was adopted, the Union and Member States should implement 
the delivery of smart, sustainable and inclusive growth, while promoting harmonious 
development of the Union. In particular, resources should be concentrated to meet the 
Europe  2020  objectives  and  targets  and  effectiveness  should  be  improved  by  an 
increased focus on results. The inclusion of the IMP in the new EMFF also contribute 
to the major policy objectives set out in the Communication from the Commission of 3 
March  2010 "Europe  2020  - A strategy  for smart,  sustainable and inclusive growth"7 
("Europe  2020  Strategy")  and  is  in  line  with  the  general  objectives  to  increase 
economic, social and territorial cohesion set out in the Treaty. 

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

The  Union  should  at  all  stages  of  implementation  of  the  Fund,  aim  at  eliminating 
inequalities  and  promoting  equality  between  men  and  women,  as  well  as  combating 
discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or 
sexual orientation. 

(8) 

The  overall  objective  of  the  Common  Fisheries  Policy  is  to  ensure  that  fishing  and 
aquaculture  activities  contribute  to  long-term  sustainable  environmental  conditions 

7 

COM(2010) 2020 final, 3.3.2010. 

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(9) 

which  are  necessary  for  economic  and  social  development.  It  should  contribute 
moreover  to  increased  productivity,  a  fair  standard  of  living  for  the  fisheries  sector, 
stable markets, ensure the availability of resources and that supplies reach consumers 
at reasonable prices. 

It is paramount to better integrate environmental concerns into the CFP which should 
deliver  on  the  objectives  and  targets  of  the  Union's  environmental  policy  and  the 
Europe 2020 Strategy. The CFP is aimed at an exploitation of living marine biological 
resources  that  restores  and  maintains  fish  stocks  at  levels  which  can  produce  the 
maximum  sustainable  yield,  not  later  than  2015.  The  CFP  shall  implement  the 
precautionary and eco-system approaches to fisheries management. Consequently the 
EMFF should contribute to the protection of the marine environment as set out in the 
Directive  2008/56/EC  of  the  European  Parliament  and  the  Council  of  17  June  2008 
establishing a framework for  community action  in  the  field  of  marine  environmental 
policy (Marine Strategy Framework Directive)8. 

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

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

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

(13) 

It  is  necessary  to  distinguish  between  control  and  enforcement  measure  categories 
being  co-financed within  the  framework of shared  management  and those within the 
framework  of  direct  management.  It  is  crucial  to  ring-fence  the  resources  to  be 
allocated to control under shared management. 

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OJ L 164, 25.6.2008, p. 19 

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

(15)  The achievement of the objectives of the CFP would be undermined if Union financial 
assistance  under  EMFF  is  disbursed  to  operators  who,  ex-ante,  do  not  comply  with 
requirements  related  to  the  public  interest  of  conservation  of  marine  biological 
resources.  Therefore  only  operators  should  be  admissible  who,  within  a  particular 
period  of  time  before  lodging  an  application  for  aid,  were  not  involved  in  the 
operation,  management  or  ownership  of  fishing  vessels  included  in  the  Union  IUU 
vessel list as set out in Article 40(3) of Council Regulation (EC) No 1005/2008 of 29 
September  2008  establishing  a  Community  system  to  prevent,  deter  and  eliminate 
illegal, unreported and unregulated fishing, amending Regulation (EEC) No 2847/93, 
(EC)  No  1936/2001  and  (EC)  No  601/2004  and  repealing  Regulations  (EC)  No 
1093/94 and (EC) No 1447/19999, and who have not committed a serious infringement 
under 42 of the Regulation (EC) No 1005/2008 or Article 90(1) of the Regulation (EC) 
No  1224/2009  of  20 November  2009  establishing  a  Community  control  system  for 
ensuring  compliance  with  the  rules  of  the  common  fisheries  policy,  amending 
Regulations  (EC)  No 847/96,  (EC)  No 2371/2002,  (EC)  No 811/2004,  (EC) 
No 768/2005,  (EC)  No 2115/2005,  (EC)  No 2166/2005,  (EC)  No 388/2006,  (EC) 
No 509/2007,  (EC)  No 676/2007,  (EC)  No 1098/2007,  (EC)  No 1300/2008,  (EC) 
No 1342/2008  and  repealing  Regulations  (EEC)  No 2847/93,  (EC)  No 1627/94 
and (EC)  No 1966/200610.  or  other  cases  of  non-compliance  with  CFP  rules  which 
particularly  jeopardise  the  sustainability  of  the  stocks  concerned  and  constitute  a 
serious threats to the sustainable exploitation of living marine biological resources that 
restores  and  maintains  populations  of  harvested  species  above  levels  which  can 
produce the Maximum Sustainable Yield (hereinafter MSY). 

(16) 

In addition, the beneficiaries should continue to comply with requirements related to 
the public interest of conservation of marine biological resources after lodging the aid 
application,  during  the  whole  period  of  implementation  of  operation  and,  for  certain 
types of operation, also for an identified period of time after the last payment. Support 
disbursed to or retained by beneficiaries who do not respect the requirements related to 
the  public  interest  of  conservation  of  marine  biological  resources  might  be  possibly 
linked to infringements and thus might jeopardize the achievements of the objectives 
of the CFP. 

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

(18)  The  achievement  of  the  objectives  of  the  CFP  would  also  be  undermined  if  Union 
financial  assistance  under  EMFF  is  paid  to  Member  States  who  do  not  comply  with 
their obligations under the CFP rules related to the public interest of conservation of 

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10 

OJ L286, 29.10.2008, p.1. 
OJ L 343, 22.12.2009, p. 1. 

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marine  biological  resources,  such  as  collecting  data  and  implementing  the  control 
obligations.  Moreover,  without  complying  with  those  obligations  there  is  a  risk  that 
inadmissible  beneficiaries  or  ineligible  operations  are  not  detected  by  the  Member 
States. 

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

(20) 

In  order  to  improve  coordination  and  harmonise  implementation  of  the  Funds 
providing  support  under  the  cohesion  policy,  namely  the  European  Regional 
Development Fund (ERDF), the European Social Fund (ESF) and the Cohesion Fund 
(CF), with  the  Funds for rural development, namely the European  Agricultural  Fund 
for  Rural  Development  (EAFRD),  and  for  the  maritime  and  fisheries  sector,  namely 
the  European  Maritime  and  Fisheries  Fund  (EMFF),  common  provisions  have  been 
established  for  all  these  Funds  (the  'CSF  Funds')  in  the  [Regulation  (EU)  No  […] 
laying down Common Provisions]11. In addition to this Regulation, the EMFF contains 
specific provisions due to the particularities of the CFP and the IMP. 

(21)  Taking  into  account  the  size  of  the  future  EMFF  and  in  the  light  of  the  principle  of 
proportionality,  the  provisions relating  to  the  strategic  planning  have  been  derogated 
from  the  Regulation  [on  Common  Provisions],  henceforth  the  consultation  of  the 
stakeholders should take place at least twice during the programming period however 
not  obligatory  once  each  year  as  it  would  constitute  a  excessive  administrative  and 
financial burden both for the Commission and the Member States. 

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

(23)  According to the principle of proportionality, the means employed by the Commission 
and  Member  States  may  vary  according  to  the  total  amount  of  public  expenditure 
allocated  to  the  operational  programme.  Such  variation  should  apply  in  particular  to 
the means used for evaluation, control, and reporting on implementation of operational 
programmes; 

(24)  The Commission should establish an annual breakdown by Member States of available 
commitment  appropriations  using  objective  and  transparent  criteria;  these  criteria 

11 

COM(2011) 615 final. 

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should include the historical allocations under Council Regulation (EC) No 1198/2006 
and the historical consumption under Council Regulation No 861/2006. 

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

(26) 

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

(27) 

In order to contribute to the goal of simplification in the implementation of the EMFF 
and to reduce the costs of control and the error rate, Member States should make use 
as much as possible of the possibility offered in the [Regulation laying down Common 
Provisions] to use lump sums and other simplified forms of grant. 

(28)  For the purpose of enforcing control obligations under the CFP, Member States should 
draw up the section on control of the Operational Programme in line with the priorities 
of  the  Union  adopted  by  the  Commission  for  this  policy  area.  In  order  to  adjust  the 
operational programme to the evolving needs in terms of control and enforcement; the 
control section of the operational programmes may be reviewed regularly on the basis 
of  the  changes  in  the  priorities  of  the  Union  in  the  control  and  enforcement  policy 
under CFP. These amendments should be approved by the Commission. 

(29) 

In order to keep flexibility in the programming of activities in the field of control, the 
revision  of  the  section  of  the  operational  programme  concerning  control  should  be 
subject to a simplified procedure. 

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

(31) 

(32) 

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

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

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

EN 

9 

   EN 

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

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

(36) 

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

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

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

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

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

(41) 

(42) 

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

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

(43) 

In  line  with  the  discard  ban  introduced  by  the  CFP,  the  EMFF  should  support 
investments  on  board  aiming  at  make  the  best  use  of  unwanted  fish  caught  and 
valorise  underused  components  of  the  fish  caught.  Considering  the  scarcity  of  the 

EN 

10 

   EN 

resources,  in  order  to  maximise  the  value  of  the  fish  caught,  the  EMFF  should  also 
support investments on board aiming at adding commercial value to fish caught. 

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

(45) 

(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 environmental impact 
while  ensuring  that  these  sectors  retain  economic  viability,  appropriate  provisions 
should support inland fishing. 

In line with the Commission's Strategy for the Sustainable Development of European 
Aquaculture12,  the  CFP  objectives  and  Europe  2020  Strategy,  the  EMFF  should 
support  the  environmentally,  economically  and  socially  sustainable  development  of 
the aquaculture industry. 

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

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

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

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

(51) 

(52) 

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

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

12 

COM(2002) 511 final. 

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11 

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

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

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

(56) 

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

(57)  The  sustainable  development  of  fisheries  areas  should  contribute  to  the  EU2020 
objectives  of  promoting  social  inclusion  and  poverty  reduction  and  to  fostering 
innovation  at  local  level  as  well  as  to  the  objective  of  territorial  cohesion,  a  main 
priority in the Lisbon Treaty. 

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

(59)  Networking  between  local  partnerships  is  an  essential  feature  of  this  approach. 
Cooperation between these local partnerships is an important development tool which 
should be made available 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  local  development  strategies  and  operations  of 
local  action  groups  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 the [Regulation (EU) No on the common organisation of the markets in fishery and 
aquaculture  products]13  as  well  as  for  marketing  and  processing  activities  carried  by 
operators  to  maximise  the  value  of  fisheries  and  aquaculture  products.  Particular 
attention  should  be  paid  to  the  promotion  of  operations  which  integrate  producing, 
processing and marketing activities of the supply chain. In order to adapt to the new 
discard ban policy, the EMFF should also support the processing of unwanted catches. 

(62)  Priority  should  be  given  to  producer  organisations  and  associations  of  producer 
organisations by granting them support. The compensation for storage aid and aid for 

13 

OJ L[..], […],p.; 

EN 

12 

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production and marketing plans should gradually be phased out as the importance of 
this particular kind of support has lost its interest in the light of the evolving structure 
of  the  Union  market  for  this  kind  of  products  and  the  growing  importance  of  strong 
producer's organisations. 

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

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

(65) 

(66) 

In order to maintain the competitiveness of certain fishery products from the outermost 
regions  of  the  European  Union  compared  with  that  of  similar  products  from  other 
European  Union's  regions,  the  European  Union  introduced  measures  in  1992  to 
compensate  for  the  related  additional  costs  in  the  fisheries  sector.  The  measures 
applying  for  the  period  2007-2013  are  laid  down  in  Council  Regulation  (EC)  No 
791/200714. It is necessary to continue providing support to offset the additional costs 
for the marketing of certain fishery products as of 1 January 2014. 

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

(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  and  in  particular  from  the  costs  of  transporting  the  products  to 
mainland Europe. To  avoid  overcompensation,  the  amount  should  be  proportional  to 
the additional costs the aid off-sets and in no case exceed 100 % of the transport and 
other  related  costs  to  mainland  Europe.  To  this  end,  it  should  also  take  into  account 
other types of public intervention having an impact on the level of additional costs. 

(69) 

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

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

14 

OJ L 176, 6.7.2007, p. 1. 

EN 

13 

   EN 

                                                 
(71) 

In line with the Union control and enforcement policy objectives, it seems 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 the support under the EMFF. 

(72)  Considering  the  importance  of  cooperation  between  Member  States  in  the  field  of 

control, the EMFF should provide support for that purpose. 

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

(74) 

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

(75)  The  objective  of  the  IMP  is  to  support  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, in accordance with the Commission Communication "An Integrated Maritime 
Policy of the European Union15. 

(76)  Sustained  funding  is  needed  for  the  implementation  and  further  development  of  the 
Integrated  Maritime  Policy  for  the  European  Union  as  reflected  in  the  statements  of 
the Council, the European Parliament and the Committee of the Regions16. 

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

(78)  The  EMFF  should  also  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  integrated  maritime  surveillance,  which  aims  at  improving 
maritime  situational  awareness  through  enhanced  and  secure  information  exchanges 
across sectors. However, operations related to maritime surveillance falling under the 
scope of Title V of the Treaty on the Functioning of the European Union should not be 
financed through the EMFF. 

(79) 

Interconnection  of  the  certain  information  systems  run  by  those  sectors  may  require 
mobilisation  of  their  own  funding  mechanisms  in  a  coherent  way  and  in  line  with 
Treaty provisions. Maritime spatial planning and integrated coastal zone management 
are essential for the sustainable development of marine areas and coastal regions and 
both contributing to the aims of ecosystem-based management and the development of 
land-sea  links.  These  tools  are  also  important  to  manage  diverse  uses  of  our  coasts, 

15 
16 

COM(2007)575 final of 10.10.2007. 
General Affairs Council conclusions of 14 June 2010, EP resolution of 21 October 2010 on Integrated 
Maritime Policy (IMP) – Evaluation of progress made and new challenges; opinion of the Committee of 
the Regions on 'The development of an Integrated Maritime Policy and Marine Knowledge 2020'.  

EN 

14 

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seas  and  oceans  to  enable  their  sustainable  economic  development  and  to  stimulate 
cross-border  investment,  whereas  the  implementation  of  the  Marine  Strategy 
Framework  Directive  will  further  define  the  boundaries  of  sustainability  of  human 
activities that have an impact on the marine environment. Furthermore, it is necessary 
to  improve  knowledge  of  the  marine  world,  and  stimulate  innovation  by  facilitating 
collection,  free  sharing,  re-use  and  dissemination  of  data  concerning  the  status  of 
oceans and seas. 

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

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

(82) 

(83) 

In order to achieve the objectives of the CFP at the 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 sustainably exploitation of fisheries resources on the high seas and in 
third country waters. The support granted to international organisations on the basis of 
the Regulation No. (EC) 861/2006 should be continued under the EMFF pursuing the 
logic of a single fund. 

In order to improve governance within the CFP and ensure the effective functioning of 
the Advisory Councils (ACs), it is essential for ACs 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 ACs under the EMFF should 
replace the support given to Regional Advisory Councils (RACs) on the basis of the 
Regulation (EC) No. 861/2006. 

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

(85) 

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

EN 

15 

   EN 

(86) 

[Regulation  (EU)  No  […]  laying  down  Common  Provisions]  and  the  provisions 
adopted  pursuant  to  it  should  apply  to  the  provisions  of  this  Regulation,  which  fall 
under  shared  management.  In  particular  the  [Regulation  (EU)  No  […]  laying  down 
Common Provisions]17 lays down provisions related to the shared management of the 
Union  funds  with  Member  States  based  on  the  principles  of  sound  financial 
management,  transparency  and  non-discrimination,  as  well  as  provisions  on  the 
function  of  accredited  bodies,  the  budgetary  principles,  provisions  which  should  be 
respected in the framework of this Regulation. 

(87)  Taking  however  into  account  the  specificity  of  the  EMFF,  in  particular  its  size,  the 
types of operations financed, the strong link to the CFP and any other relevant factors, 
some  of  the  common  provisions  relating  to  shared  management  should  be  adapted, 
derogated or supplemented in this regulation. Where required by the provisions of the 
[Regulation  (EU)  No  […]  laying  down  Common  Provisions],  the  EMFF  should 
complete and supplement those common provisions. 

(88)  Conscious  of  the  importance  of  ensuring  conservation  of  marine  biological  and 
protecting  fish  stocks  in  particular  from  illegal  fishing  and  in  the  spirit  of  the 
conclusions  drawn  in  the  Green  Paper  on  the  Reform  of  the  CFP18,  those  operators 
who  do  not  comply  with  the  rules  of  the  CFP,  and  particularly  jeopardise  the 
sustainability  of  the  stocks  concerned  and  constitute  therefore  a  serious  threat  to  the 
sustainable  exploitation  of  living  marine  biological  resources  that  restores  and 
maintains populations of harvested species above levels which can produce the MSY, 
and those who are involved in IUU fishing should be excluded from support under the 
EMFF.  Union  funding  should  not  at  any  stage  from  the  selection  to  the 
implementation  of  an  operation  be  used  to  undermine  the  public  interest  of 
conservation  of  marine  biological  resources  expressed  in  the  objectives  of  the  CFP 
Regulation. 

(89)  Member States should adopt adequate measures to guarantee the proper functioning of 
management and control systems. To that end, a managing authority, a paying agency 
and  a  certification  body  should  be  designated  for  each  operational  programme  and 
their responsibilities should be specified. These responsibilities should relate primarily 
to  the  sound  financial  implementation,  organisation  of  evaluation,  certification  of 
expenditure,  audit  and  compliance  with  Union  law.  Provision  should  be  made  for 
regular  meetings  between  the  Commission  and  the  national  authorities  concerned  in 
order  to  monitor  the  assistance.  With  respect  to  management  and  control  it  is 
necessary, in particular, to establish the modalities by which Member States give the 
assurance that the systems are in place and function satisfactorily. Whereas to ensure 
smooth transition from the current management and control arrangements for the EFF 
and to promote harmonisation of rules for the ESI Funds, the management and control, 
and financial management arrangements should be set out in the [Regulation (EU) No 
[…] laying down Common Provisions]. 

(8990) The  financial  interests  of  the  European  Union  should  be  protected  through 
proportionate  measures  throughout  the  expenditure  cycle,  including  the  prevention, 
detection, and investigation of irregularities, the recovery of funds lost, wrongly paid 
or incorrectly used and, where appropriate, penalties. 

(91)  Sums recovered by Member States following irregularities should remain available to 
the  operational  programmes  of  the  Member  State  concerned.  A  system  of  financial 

17 
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OJ L[..], […], p. 
COM(2009)163 final of 22.4.2009. 

EN 

16 

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responsibility of Member States should be designed in the absence of total recovery of 
irregularities and the Commission should be enabled to safeguard the interests of the 
Union  budget  by  charging  to  the  Member  State  concerned  sums  lost  as  a  result  of 
irregularities and not recovered within reasonable deadlines. 

(902)  In  the  interest  of  a  good  working  partnership  and  the  proper  promotion  of  Union 
assistance, the broadest possible information and publicity about it should be provided 
for. The authorities responsible for managing assistance should be responsible for this 
aspect and for keeping the Commission informed of measures taken. 

(93)  The rules and procedures governing commitments and payments should be simplified 
so that a regular cash flow is ensured. A pre-financing of 4 % of the contribution from 
the EMFF should help speeding up the implementation of the operational programme. 

(94) 

In order to ensure the sound management of Union resources, improvements should be 
made to the forecasting and implementing of expenditure. To that end Member States 
should  regularly  send  the  Commission  their  forecasts  regarding  the  use  of  Union 
resources and any delays in financial implementation should give rise to repayment of 
advances and to automatic decommitments. 

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

(926)  In addition to the possibility  of interruption and, in order to avoid an evident risk of 
paying  out  ineligible  expenditure,  the  Commission  should  be  allowed  to  suspend 
payments linked to a non compliance of CFP rules as required by Articles 50 and 51 of 
the [CFP Regulation]. 

(97) 

In order to establish the financial relationship between the accredited paying agencies 
and  the  Union  budget,  the  Commission  should  clear  the  accounts  of  these  paying 
agencies annually. The clearance of accounts decision should cover the completeness, 
accuracy and veracity of the accounts but not the conformity of the expenditure with 
Union legislation. 

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

(949)  Responsibility  for  monitoring  of  the  programme  should  be  shared  between  the 
Managing Authority and a Monitoring Committee set up for this purpose. To this end 
the  respective  responsibilities  should  be  specified.  Monitoring  of  the  programme 
should  involve  the  drawing  up  of  an  annual  implementation  report,  to  be  sent  to  the 
Commission. 

(95100) 

With  a  view  to  strengthening  accessibility  and  transparency  of  information 
about funding opportunities  and project beneficiaries, in each Member State a  single 
website or website portal providing information on operational programme, including 
the lists of operations supported  under each operational programme, should be made 

EN 

17 

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available. This information should give a reasonable, tangible and concrete idea to the 
wider public and in particular to Union taxpayers on how Union funding is spent in the 
framework of the EMFF. In addition to this objective, the publication of relevant data 
should  serve  the  purpose  of  further  publicising  the  possibility  of  applying  for  Union 
funding. However in full respect of the fundamental right to data protection and in line 
with the judgment of the Court in the Joined Cases Schecke19, the publication of the 
names of natural persons should not be requested. 

(96101) 

In  order  to  supplement  and  amend  certain  non-essential  elements  of  this 
Regulation,  the  power  to  adopt  acts  in  accordance  with  Article  290  of  the  Treaty 
should  be  delegated  to  the  Commission  in  respect  of  a  code  of  conduct  on 
identification  of  the  cases  of  non-compliance  of  CFP  rules  which  could  lead  to 
inadmissibility of application and the timeframe of application, in order to ensure ex 
ante  conditionality  in  a  proportionate  way,  identification  of  eligible  investments  on 
board  in  order  to  avoid  investments  which  would  lead  to  increasing  the  fishing 
capacity of the vessel, on the method of calculation of net revenue in the case of eco-
innovation,  on  the  determination  of  the  eligible  operations  and  costs  linked  to  the 
protection  and  restoration  of  marine  protected  areas,  on  the  identification  of  eligible 
costs  in  the  investments  in  off-shore  and  non-food  aquaculture,  the  determination  of 
the content of the action plan of local development strategies, determination of eligible 
costs under the preparatory support for local development strategies, definition of the 
eligible  costs  under  running  costs  and  animation  costs  for  the  local  development 
strategies,  the  obligations  of  paying  agencies,  the  determination  of  tasks  of 
certification  bodies,  the  clarification  of  the  procedures  for  adequate  audit  trail,  the 
clarification  of  the  obligations  of  Member  States  in  case  of  recoveries  of  undue 
payments, the determination of cases of non-compliance of CFP which might lead to 
suspension of payments, the establishment of the criteria and methodology to apply in 
case of flat rate or extrapolated financial corrections and  the list of relevant cases of 
non-compliance  with  CFP  rules  which  might  lead  to  the  application  of  financial 
corrections  and  on  the  content  and  construction  of  the  monitoring  and  evaluation 
system. 

(97102) 

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 Council. 

(98103) 

The  Commission  should  be  empowered  to  adopt,  by  means  of  implementing 
acts,  decisions  on  the  annual  breakdown  of  allocations,  decisions  approving  the 
operational programmes and their amendments, decisions on the priority of the Union 
in the  control and enforcement  policy, decision approving the  annual work plans for 
data collection,  decisions establishing evidence of non-compliance  with  CFP  leading 
to possible  interruptions of the payment  deadline, decisions on the failure to comply 
with  CFP  rules  leading  to  possible  suspension  of  payments,  decisions  suspending 
payments  and  lifting  suspension  of  payments  and,  decisions  on  financial  corrections 
an decision on clearance of accounts. 

(99104) 

In  order  to  ensure  uniform  conditions  for  the  implementation  of  this 
Regulation,  the  implementing  powers  relating  to  the  format  of  the  operational 
programme,  the  procedures  to  adopt  the  operational  programme,  the  procedures 
relating  to  the  adoption  of  annual  work  plan  for  data  collection,  the  concrete 
application of the percentage points of aid intensity of Annex I, the period of time for 

19 

Judgment of the Court of 9.11.2010, Joined Cases C-92/09 and C-93/09, Schecke.  

EN 

18 

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sending the intermediate declaration of expenditure, rules on the obligation of paying 
agencies  as  regard  to  management  and  control,  specific  tasks  of  the  certification 
bodies, the rules for efficient management and control, rules for the determination of 
the payments to be suspended, the procedures for interrupting the payment deadline or 
for  suspending  payments,  the  procedure  for  additional  on-the-spots  controls  by  the 
Commission,  the  format  of  the  Annual  Implementation  Reports,  the  elements  to  be 
included  in  the  ex-ante  and  ex-post  evaluations  and  the  elaboration  of  technical 
elements  for  publicity  measures  should  be  conferred  on  the  Commission.  Those 
powers should be exercised in accordance with 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 powers20. 

(100105) 

In  light  of  the  procedural  nature  of  the  provisions  to  be  adopted  by  the 
Commission with the implementing acts of Article 24, Article 98, Article 10320 and 
Article 12043, the advisory procedure should apply when adopting these latter. 

(101106) 

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

(102107) 

The new support scheme provided for by this Regulation replaces the support 
scheme  set  up  by  Regulation  (EC)  No  1198/2006,  Regulation  (EC)  No  861/2006, 
Regulation of the European Parliament and of the Council establishing a Programme 
to support the further development of an Integrated Maritime Policy, Regulation (EC) 
No 1290/2005 Guarantee Fund, Regulation (EC) No 791/2007 and Article 103 of the 
Regulation 1224/2009. Therefore, these regulations and provision should be repealed 
from 1 January 2014. 

HAVE ADOPTED THIS REGULATION: 

20 

OJ L55, 28.2.2011, p.13. 

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19 

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TITLE I 
OBJECTIVES  

CHAPTER I 
Scope and Definitions 

Article 1 
Subject matter 

This Regulation defines Union financial measures for the implementation of: 

(a) 

(b) 

(c) 

(d) 

the Common Fisheries Policy (CFP), 

relevant measures relating to the Law of the Sea, 

the sustainable development of fisheries areas and inland fishing, 

and the Integrated Maritime Policy (IMP). 

Article 2 
Geographical scope 

This  Regulation  shall  apply  to  operations  carried  out  in  the  territory  of  the  Union  unless 
otherwise expressly provided for in this Regulation. 

Article 3 
Definitions 

1. 

For  the  purposes  of  this  Regulation  and  without  prejudice  to  paragraph  2,  the 
definitions  referred  to  in  Article  5  of  the  [Regulation  on  the  Common  Fisheries 
Policy]21, Article 5 of the [Regulation on the Common Organisation of the markets in 
fishery and aquaculture products] and Article 4 of the Council Regulation (EC) No 
1224/2009  and  Article  2  of  Regulation  No  [Regulation  laying  down  Common 
Provisions]22 shall apply. 

2. 

For the purpose of this Regulation, the following definitions shall apply: 

(1) 

(2) 

(3) 

'Common  Information  Sharing  Environment  (CISE)'  means  a  network  of 
systems with a decentralised set-up developed for the exchange of information 
across  users  from  different  sectors  to  improve  situational  awareness  of 
activities at sea; 

'cross-sectoral  operations'  means  initiatives  that  mutually  benefit  different 
sectors and/or sectoral policies, as referred to in the Treaty on the Functioning 
of  the  European  Union,  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 Articles 15, 24 and 
63 of Council Regulation (EC) No 1224/2009; 

21 
22 

COM(2011) 425 final. 
COM(2011) 615 final. 

EN 

20 

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(4) 

(5) 

(6) 

(7) 

'European  Marine  Observation  and  Data  Network'  means  a  network  that 
integrates  national  marine  observation  and  data  programmes  into  a  common 
and accessible European resource; 

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

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

"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; 

(8) 

'Integrated  Maritime  Surveillance'  is  a  EU  initiative  aiming  to  enhance 
effectiveness  and  efficiency  in  surveillance  activities  of  the  European  seas 
through information exchange and collaboration across sectors and borders; 

(9) 

"irregularity"  means  irregularity  as  defined  in  Article  1(2)  of  the  Council 
Regulation 2988/95; 

(10)  'inland  fishing'  means  fishing  carried  out  for  commercial  purposes  by  vessels 

operating exclusively in inland waters or by other devices used for ice fishing; 

(11)  'integrated  coastal  zone  management"  means  such  strategies  and  measures  as 
defined in the Recommendation of the European Parliament and of the Council 
(2002/413/EC)of  30  May  2002  concerning  the  implementation  of  Integrated 
Coastal Zone Management in Europe23; 

(12)  'integrated  maritime  governance'  means  the  coordinated  management  of  all 
sectoral policies of the EU affecting the oceans, seas, and coastal regions; 

(13)  'marine  regions'  means  the  geographical  areas  set  out  in  Annex  I  to  Council 
Decision  2004/585/EC  and  the  areas  established  by  the  regional  fisheries 
management organisations; 

(14)  'maritime spatial planning' means a process by which public authorities analyse 
and allocate the spatial and temporal distribution of human activities in marine 
areas to achieve ecological, economic and social objectives; 

(15)  'measure' means a set of operations; 

(16)  'public  expenditure'  means  any  contribution  to  the  financing  of  operations 
derived from the Member State's budget or from the budget of regional or local 
authorities,  or  the  European  Union  and  any  similar  expenditure.  Any 
contribution to the financing of operations whose origin is the budget of public-
law  bodies  or  associations  of  one  or  more  regional  or  local  authorities  or 
public-law  bodies  acting  in  accordance  with  Directive  2004/18/EC  of  the 
European Parliament and of the Council of 31 March 2004 on the coordination 

23 

O.J. L 148 of 6.6.2002 

EN 

21 

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of procedures for the award of public works contracts, public supply contracts 
and public service contracts shall be regarded as a public contribution; 

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

(18)  'small scale coastal fishing' means fishing carried out by fishing vessels of an 
overall length of less than 12 metres and not using towed gear as listed in Table 
3 Annex I of Commission Regulation (EC) No 26/2004 of 30 December 2003 
regarding the fishing vessels register of the Union24; 

(19)  'vessels  operating  exclusively  in  inland  waters'  means  vessels  engaged  in 
commercial fishing in inland waters and not included in the Union fishing fleet 
register. 

24 

OJ L 5, 9.1.2004, p.25. 

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22 

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TITLE II 
GENERAL FRAMEWORK 

CHAPTER I 
Establishment and objectives of the European Maritime and 
Fisheries Fund 

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

Article 4 
Establishment 

Article 5 
Objectives 

The EMFF shall contribute to the following objectives: 

(a) 

(b) 

(c) 

(d) 

promoting sustainable and competitive fisheries and aquaculture; 

fostering  the  development  and  implementation  of  the  Union's  Integrated  Maritime 
Policy in a complementary manner to cohesion policy and to the Common Fisheries 
Policy; 

promoting a balanced and inclusive territorial development of fisheries areas; 

fostering the implementation of the CFP. 

Article 6 
Union priorities 

The achievement of the objectives of the EMFF shall contribute to the Europe 2020 strategy 
for  smart,  sustainable  and  inclusive  growth.  It  shall  be  pursued  through  the  following  six 
Union priorities, which translate the relevant Thematic Objectives of the Common Strategic 
Framework (hereinafter CSF): 

(1) 

Increasing employment and territorial cohesion through the following objectives: 

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

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

(2) 

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

(a) 

(b) 

support to strengthening technological development, innovation and knowledge 
transfer; 

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

(c)  development of new professional skills and lifelong learning; 

(d) 

improved market organisation for fishery products. 

EN 

23 

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(3) 

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

(a) 

(b) 

support to strengthening technological development, innovation and knowledge 
transfer; 

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

(c)  development of new professional skills and lifelong learning; 

(d) 

improved market organisation for aquaculture products. 

(4) 

Promoting  a  sustainable  and  resource  efficient  fisheries  through  the  focus  on  the 
following areas: 

(a) 

reduction of the impact of fisheries on the marine environment; 

(b)  protection and restoration of marine biodiversity and ecosystems including the 

services they provide. 

(5) 

Promoting a sustainable and resource efficient aquaculture through the focus on the 
following areas: 

(a) 

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

(b)  promotion  of  aquaculture  with  high  level  of  environmental  protection  and  of 

animal health and welfare and of public health and safety. 

(6) 

Fostering the implementation of the CFP through: 

(a) 

(b) 

the supply of scientific knowledge and collection of data; 

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

CHAPTER II 
Shared and direct management 

Article 7 
Shared and direct management 

1. 

2. 

Measures  covered  by  Title  V  and  technical  assistance  under  Article  92  shall  be 
financed  by  the  EMFF  in  accordance  with  the  principle  of  shared  management 
between the Member States and the Union and under the common rules laid down by 
the [Regulation (EU) No […] laying down Common Provisions].25 

Measures  covered  by  Title  VI  with  the  exception  of  the  technical  assistance  under 
Article 92 shall be financed by the EMFF in accordance with the principle of direct 
management. 

25 

OJ L, P.. 

EN 

24 

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CHAPTER III 
General Principles of Assistance under Shared Management 

Article 8 
State aid 

1. 

2. 

3. 

Without  prejudice  to  paragraph  2  of  this  Article,  Articles  107,  108  and  109  of  the 
Treaty shall apply to aid granted by the Member States to enterprises in fisheries and 
aquaculture. 

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

National provisions setting up public financing going beyond the provisions of this 
Regulation concerning financial contributions, as provided for in paragraph 2, shall 
be treated as a whole on the basis of paragraph 1. 

Article 9 
Partnership 

By  derogation  to  Article  5(4)  of  the  [Regulation  (EU)  No  […]  laying  down  Common 
Provisions]  the  Commission  shall  consult  at  least  twice  during  the  programming  period  the 
organisations  which  represent  the  partners  at  Union  level  on  the  implementation  of  support 
from the EMFF. 

Article 10 
Coordination 

In  addition  to  the  principles  enounced  in  Article  4  of  the  [Regulation  (EU)  No  […]  laying 
down Common Provisions], the Commission and the Member States shall ensure coordination 
and  complementarity  between  support  from  the  EMFF  and  from  other  Union  policies  and 
financial  instruments,  including  the  Regulation  (EC)  No  [establishing  the  Framework 
Programme  for  Environment  and  Climate  Change  Action  (LIFE  Framework  Programme)]26 
and those in the framework  of  the  Union's external action. Coordination between assistance 
from  the  EMFF  and  LIFE  Framework  Programme  shall  be  achieved  in  particular,  by 
promoting  the  funding  of  activities  that  complement  integrated  projects  funded  under  LIFE 
Framework  Programme,  as  well  as  by  promoting  the  use  of  solutions,  methods  and 
approaches validated under LIFE Framework Programme. 

Article 11 
Ex ante conditionalities 

The  ex  ante  conditionalities  referred  to  in  Annex  III  of  this  Regulation  shall  apply  for  the 
EMFF. 

26 

OJ L[..], [...],P. 

EN 

25 

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CHAPTER IV 
Admissibility of applications and ineligible operations 

Article 12 
Admissibility of applications 

1. 

Applications submitted by the following operators shall not be admissible for support 
from the EMFF for an identified period of time: 

(a)  operators  that  have  committed  a  serious  infringement  under  42  of  the 
Regulation  (EC)  No  1005/2008  or  Article  90(1)  of  the  Regulation  (EC)  No 
1224/2009; 

(b)  operators  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 the 
Regulation (EC) No 1005/2008; 

(c)  operators  who  committed  other  cases  of  non  compliance  with  the  CFP  rules 

which seriously jeopardise the sustainability of the stocks concerned. 

Applications  submitted  by  operators  that  have  committed  an  irregularity  under  the 
EFF or the EMFF shall not be admissible for an identified period of time. 

The  Commission  shall  be  empowered  to  adopt  delegated  act  in  accordance  with 
Article 12750 concerning: 

(a) 

(b) 

(c) 

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

the relevant starting or ending dates of the period referred to in paragraph 1; 

the identification of the other cases of non compliance referred to in paragraph 
1(c) which seriously jeopardise the sustainability of the stocks concerned. 

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 and have not committed an irregularity under the EEF or 
the EMFF as referred to in paragraph 2. Member States shall verify the veracity of 
the statement before the approval of the operation. 

The  Commission  shall  be  empowered  to  adopt  delegated  acts  in  accordance  with 
Article  12750  on  delegation  concerning  the  establishment  of  a  system  for  the 
exchange of information of non-compliance between Member States. 

2. 

3. 

4. 

5. 

The following operations shall not be eligible under the EMFF: 

Article 13 
Ineligible operations 

(a) 

(b) 

(c) 

(d) 

operations increasing the fishing capacity of the vessel; 

construction  of  new  fishing  vessels,  decommissioning  or  importation  of  fishing 
vessels; 

temporary cessation of fishing activities; 

experimental fishing; 

EN 

26 

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(e) 

(f) 

transfer of ownership of a business; 

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

EN 

27 

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TITLE III 
FINANCIAL FRAMEWORK 

Article 14 
Budget implementation 

1. 

2. 

3. 

4. 

1. 

2. 

3. 

4. 

5. 

The Union budget allocated to the EMFF under Title V shall be implemented within 
the framework of shared management according to Article 4 of [Regulation (EU) No 
[…] laying down Common Provisions]. 

The  Union  budget  allocated  to  the  EMFF  under  Title  VI  shall  be  implemented 
directly by the Commission in accordance with Article 55(1)(a) of the [new Financial 
Regulation]. 

The  Commission  shall  cancel  all  or  part  of  the  budget  commitment  under  direct 
management  in  accordance  with  the  [new  Financial  Regulation]  and  in  accordance 
with Article 12447 of this Regulation. 

The  principle  of  sound  financial  management  shall  be  applied  in  accordance  with 
Articles 27 and 50 of the [new Financial Regulation]. 

Article 15 
Budgetary resources under shared management 

The  resources  available  for  commitments  from  the  EMFF  for  the  period  2014  to 
2020  under  shared  management  shall  be  EUR  5  520  000  000  in  current  prices  in 
accordance with the annual breakdown set out in Annex II. 

EUR 4 535 000 000 of the resources referred to in paragraph (1) shall be allocated to 
the  sustainable  development  of  fisheries,  aquaculture  and  fisheries  areas  under 
Chapters I, II and III of Title V. 

EUR 477 000 000 of the resources referred to in paragraph (1) shall be allocated to 
control and enforcement measures referred to in Article 78. 

EUR 358 000 000 of the resources referred to in paragraph (1) shall be allocated to 
measures on data collection referred to in Article 79. 

The  resources  allocated  to  compensation  of  outermost  regions  under  Chapter  V  of 
Title V, shall not exceed per year: 

– 

– 

– 

EUR 4 300 000 for the Azores and Madeira; 

EUR 5 800 000 for the Canary Islands; 

EUR 4 900 000 for the French Guiana and Réunion. 

6. 

EUR 45 000 000 of the resources referred to in paragraph (1) shall be allocated to the 
storage aid referred to in Article 72 from 2014 to 2018 included. 

Article 16 
Budgetary resources under direct management 

An  amount  of  EUR  1  047  000  000  of  the  EMFF  shall  allocated  to  measures  under  direct 
management  as  specified  in  Chapter  I  and  II  of  Title  VI.  This  amount  includes  technical 
assistance under Article 91. 

EN 

28 

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Article 17 
Financial distribution for shared management 

1. 

The resources available for commitments by Member States referred to in Article 15 
(2)  to  (6)  for  the  period  2014  to  2020  as  set  out  in  the  table  in  Annex  II  are 
determined on the basis of the following objective criteria: 

(a)  As regards Title V: 

(i) 

the level of employment in fisheries and aquaculture, 

(ii) 

the level of production in fisheries and aquaculture, and 

(iii) 

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

(b)  As regards Article 78 and Article 79: 

(i) 

(ii) 

(iii) 

(iv) 

the  extent  of  the  control  tasks  of  the  Member  state  concerned 
approximated  by  the  size  of  the  national  fishing  fleet,  the  amount  of 
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,  whereby  available  means  are  approximated  by 
number of controls conducted at sea and of landing inspections; 

the  extent  of  data  collections  tasks  of  the  Member  State  concerned, 
approximated  by  the  size  of  the  national  fishing  fleet,  the  amount  of 
landings,  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 
approximated to the number of observers at sea and the amount of human 
resources  and  technical  means  needed  to  implement  the  national 
sampling programme for data collection. 

(c)  As  regards  all  measures,  the  historical  allocations  under  Council  Regulation 
(EC) No 1198/2006 and the historical consumption under Council Regulation 
(EC) No 861/2006. 

2. 

The Commission shall adopt a decision, by  means  of implementing  act,  setting  out 
the annual breakdown of the global ressources by Member State. 

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TITLE IV 
PROGRAMMING 

CHAPTER I 
Programming for measures financed under shared management 

Article 18 
Preparation of operational programmes 

1. 

2. 

3. 

4. 

Each Member State shall draw up a single operational programme to implement the 
Union priorities to be co-financed by the EMFF. 

The operational programme shall be established by the Member State following close 
co-operation with the partners referred to in Article 5 of the [Regulation (EU) No [...] 
laying  down  Common  Provisions].  Consultation  of  the  partners  on  the  preparatory 
documents shall be organised in such a way as to allow the partners to examine them. 

For  the  section  of  the  operational  programme  referred  to  in  Article  20(1)(n)  the 
Commission shall adopt by means of implementing act the priorities of the Union for 
enforcement and control policy by 31 May 2013 at the latest. 

The section of the operational programme referred to in Article 20(1)(o) covering the 
part of the multiannual programme referred to in Article 37(5) of the [Regulation on 
Common Fisheries Policy] for the year 2014 shall be transmitted by 31 October 2013 
at the latest. 

Article 19 
Guiding principles for the operational programme 

In the preparation of the operational programme, the Member State shall take into account the 
following guiding principles: 

(a) 

(b) 

(c) 

(d) 

relevant  combinations  of  measures  are  included  in  relation  to  each  of  the  Union 
priorities,  logically  following  from  the  ex-ante  evaluation  and  the  strengths, 
weaknesses, opportunities and threats (hereinafter "SWOT") analysis; 

a  pertinent  approach  towards  innovation  and  climate  change  mitigation  and 
adaptation is integrated into the programme; 

appropriate  action  is  envisaged  to  simplify  and  facilitate  the  implementation  of  the 
programme; 

where  applicable,  consistency  of  the  measures  under  Union  priorities  for  EMFF 
referred to in Article 6(3) and (5) of this Regulation with the Multiannual National 
Strategic  Plan  for  Aquaculture  referred  to  in  Article  43  of  the  [Regulation  on 
Common Fisheries Policy]. 

Article 20 
Content of the operational programme 

1. 

In addition to the elements referred to in Article 24 of the [Regulation (EU) No [...] 
laying down Common Provisions], the operational programme shall include: 

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(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

ex-ante  evaluation  referred  to  in  Article  48  of  the  [Regulation  (EU)  No  [...] 
laying down Common Provisions]; 

an analysis of the situation in terms of SWOT and identification of the needs 
that have to be addressed in the geographical area covered by the programme; 

The  analysis  shall  be  structured  around  the  Union  priorities.  Specific  needs 
concerning  climate  change  mitigation  and  adaptation  and  promotion  of 
innovation  shall  be  assessed  across  Union  priorities,  in  view  of  identifying 
relevant responses in these two areas at the level of each priority; a synthesis of 
the situation of the  policy  areas  eligible for  support in terms of strengths and 
weaknesses; 

a demonstration of a pertinent approach integrated into the programme towards 
innovation, the environment, including the specific needs of Natura 2000 areas, 
and climate change mitigation and adaptation; 

the assessment of the ex ante conditionalities and, where required, the actions 
referred  to  in  Article  17(4)  of  the  [Regulation  (EU)  No  [...]  laying  down 
Common Provisions], and the milestones established for the purpose of Article 
19 of the [Regulation (EU) No [...] laying down Common Provisions]; 

a list of measures selected organised by Union priorities; 

description of selection criteria for projects; 

(g)  description of selection criteria for local development strategies under Chapter 

III of Title V ; 

(h) 

(i) 

(j) 

a  clear  indication  of  the  operations  under  Chapter  III  of  Title  V  that  may  be 
undertaken  collectively  and  therefore  may  benefit  from  higher  aid  intensity 
according to Article 95(3); 

an analysis of needs relating to monitoring and evaluation requirements and the 
evaluation plan referred to in Article 49 of the [Regulation (EU) No […] laying 
down  Common  Provisions].  The  Member  States  shall  provide  sufficient 
resources and capacity building activities to address the identified needs; 

a financing plan to be designed taking into account Articles 18 and 20 of the 
[Regulation (EU) No […] laying down Common Provisions] and in accordance 
with the Commission's decision referred to in Article 17(3), comprising: 

(i) 

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

(ii) 

a  table  setting out  the  applicable EMFF resources and co-financing  rate 
for the objectives under the Union priorities of Article 6 and the technical 
assistance.  Where  applicable,  this  table  shall  indicate  separately  the 
EMFF  resources  and  the  co-financing  rates  which  apply  by  way  of 
derogation to the general rule of Article 94(1) for support referred to in 
Article  72,  Article  73,  Article  78(2)(a)  to  (d)  and  (f)  to  (j),  Article 
78(2)(e) and Article 79. 

(k) 

information on the complementarity with measures financed through other CSF 
Funds or the LIFE Framework Programme; 

(l) 

programme implementing arrangements including: 

(i) 

the  designation  by  the  Member  State  of  all  authorities  referred  to  in 
Article 107 113 of the [Regulation (EU) No [...] laying down Common 

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Provisions]  and,  for  information,  a  summary  description  of  the 
management and control structuresystem; 

(ii) 

a description of the monitoring and evaluation procedures, as well as the 
composition of the Monitoring Committee; 

(iii) 

the provisions to ensure that the programme is publicised in accordance 
with Article 12043. 

(m) 

the designation of the partners referred to in Article 5 of the [Regulation (EU) 
No [...] laying down Common Provisions] and the results of the consultation of 
the partners; 

(n) 

for  the  objective  of  increased  compliance  through  control  referred  in  under 
Article 6(6) and in accordance with article 18 (3): 

(i) 

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

(ii)  overall  objectives  of  the  control  measures  to  be  implemented  using 

common indicators to be set in accordance with Article 11033; 

(iii)  specific  objectives  to  be  achieved  in  line  with  the  Union  priorities  of 
Article  6  and  detailing  how  many  items  of  every  expenditure  category 
shall be purchased over the entire programming period; 

(o)  For  the  objective  of  collection  of  data  for  sustainable  fisheries  management 
referred  in  under  Articles  6(6)  and  18(4)  and  in  accordance  with  the 
multiannual  Union  programme  referred  to  in  Article  37(5)  of  the  [Regulation 
on Common Fisheries Policy]: 

(i) 

a description of activities of data collection to be carried out to allow the 
following: 

– 

– 

– 

an  evaluation  of  the  fishing  sector  (biological,  economical  and 
transversal variables as well as research surveys at sea), 

an  evaluation  of  the  economic  situation  of  aquaculture  and 
processing industries, 

an evaluation of the effects of the fishing sector on the ecosystem. 

(ii) 

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

(iii)  a  demonstration  of  the  capability  to  achieve  sound  financial  and 

administrative management of the data collected. 

This  section  of  the  operational  programme  shall  be  supplemented  by  Article 
23. 

2. 

The  operational  programme  shall  include  the  methods  for  the  calculation  of 
simplified  costs referred to  in  Article  57 of  the [Regulation (EU)  No [...]  laying 
down Common Provisions], additional costs or income foregone in accordance with 
Article  97103,  or  method  to  calculate  compensation  according  to  relevant  criteria 
identified for each of the activities deployed under Article 38(1). 

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3. 

4. 

1. 

2. 

1. 

2. 

3. 

1. 

In  addition,  the  operational  programme  shall  include  a  description  of  the  specific 
actions to promote equal opportunities and prevent any discrimination based on sex, 
racial  or  ethnic  origin,  religion  or  belief,  disability,  age  or  sexual  orientation, 
including  the  arrangements  to  ensure  the  integration  of  gender  perspective  at 
operational programme and operation level. 

The  Commission  shall  lay  down,  by  means  of  implementing  acts,  rules  for  the 
presentation of the elements described in paragraphs 1, 2 and 3. These implementing 
acts shall be adopted in accordance with the advisory procedure referred to in Article 
12851(2). 

Article 21 
Approval of the Operational Programme 

In addition to the provisions of Article 25 of the [Regulation on (EU) No [...] laying 
down  Common  provisions]  the  Commission  shall  assess  the  consistency  of  the 
operational programmes with this Regulation and their  effective  contribution  to  the 
Union priorities for EMFF referred to in Article 6 and taking account of the ex ante 
evaluation. 

The  Commission  shall  approve 
implementing act. 

the  operational  programme  by  means  of 

Article 22 
Amendment of the Operational Programme 

The  Commission  shall  approve  the  amendment  of  an  operational  programme  by 
means of implementing acts. 

In order to adapt to the evolving technical needs of control activities, the section of 
the operational programme referred to in Article 20(1)(n) may be amended every two 
years, for the first time with the effect from 1 January 2015. 

For this purpose, the Commission shall adopt a decision, by means of implementing 
act,  detailing  the  changes  in  the  priorities  of  the  Union  in  the  enforcement  and 
control policy mentioned in Article 18(3) and the corresponding eligible operations 
to be prioritised. 

Taking  into  account  the  new  priorities  laid  down  in  the  decision  mentioned  in  the 
second  sub-paragraph  of  this  paragraph,  Member  States  shall  submit  to  the 
Commission  by  31  October  of  the  year  preceding  the  year  of  implementation 
concerned, the amendment to the Operational Programme. 

In line with the principle of proportionality, the programmes amendments referred to 
in paragraph 2 shall benefit from a simplified procedure adopted in line with Article 
24. 

Article 23 
Annual work plan for data collection 

For the purpose of application of Article 20(1)(o), Member States shall submit to the 
Commission an annual work plan before 31 October each year. Annual work plans 
shall contain a description of the procedures and methods to be used in collecting and 
analysing data and in estimating their accuracy and precision. 

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2. 

3. 

4. 

1. 

Member States shall submit each annual work plan by electronic means. 

The Commission shall approve, by means of implementing act, the annual work plan 
for each year by 31 December of each year. 

The first annual work plan shall include the activities for the year 2014 and has to be 
submitted to the Commission by 31 October 2013 at the latest. 

Article 24 
Rules on procedures and timetables 

The  Commission  may  adopt,  by  means  of  implementing  acts,  rules  on  procedures, 
format and timetables for: 

– 

– 

– 

– 

the approval of operational programmes; 

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

the  submission  and  approval  of  proposals  for  amendments  referred  to  in 
paragraphs 2 of Article 22; 

the submission of annual workplans for data collection. 

The  procedures  and  timetables  shall  be  simplified  in  case  of  amendments  to 
operational programmes concerning: 

(a) 

(b) 

(c) 

(d) 

a transfer of funds between Union's priorities; 

introduction or withdrawal of measures or types of operations; 

changes  in  the  description  of  measures,  including  changes  of  eligibility 
conditions; 

amendments referred to in Article 22(2) as well as further amendments of the 
programme of the section referred to in Article 20(1)(n). 

Amendments referred to in (a) and (b) shall not exceed 5 % of the amount allocated 
to the Union priority and 10 % of the amount allocated to each measure in order to 
benefit from this simplified procedure. 

2. 

These implementing acts shall be adopted in accordance with the advisory procedure 
referred to in Article 12851(2). 

CHAPTER II 
Programming for measures financed under direct management 

Article 25 
Annual work programme 

1. 

2. 

To implement Chapters I and II of Title VI and Article 92, the Commission shall, by 
means  of  implementing  acts,  adopt  annual  work  programme  in  accordance  with 
objectives  set  out  in  those  Chapters.  Those  implementing  acts  shall  be  adopted  in 
accordance with the examination procedure referred to in Article 12851(3). 

The  annual  work  programme  shall  set  out  the  objectives  pursued,  the  expected 
results,  the  method  of  implementation  and  its  total  amount.  It  shall  also  contain  a 
description of the activities to be financed, an indication of the amount allocated to 

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each activity, an indicative implementation timetable, as well as information on their 
implementation.  It  shall  include  for  grants  the  priorities,  the  essential  evaluation 
criteria and the maximum rate of co-financing. 

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TITLE V 
MEASURES FINANCED UNDER SHARED 
MANAGEMENT 

CHAPTER I 
Sustainable development of fisheries 

Article 26 
Specific Objectives 

Support  under  this  Chapter  shall  contribute  to  the  achievement  of  the  Union  priorities 
identified in Article 6(2) and (4).  

1. 

2. 

1. 

2. 

3. 

1. 

Article 27 
General conditions 

The  owner  of  a  fishing  vessel  having  received  support  under  Articles  32(1)(b),  36, 
39(1)(a),  or  40(2)  of  this  Regulation  shall  not  transfer the  vessel  to  a  third  country 
outside the Union during at least 5 years following the date of actual payment to the 
beneficiary. 

Operating  costs  are  not  eligible  unless  otherwise  expressly  provided  for  in  this 
Chapter. 

Article 28 
Innovation 

In order to stimulate innovation in fisheries, the EMFF may support projects aiming 
at developing or introducing new or substantially improved products compared to the 
state  of  art,  new  or  improved  processes,  new  or  improved  management  and 
organisation systems. 

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

The  results  of  operations  financed  under  this  Article  shall  be  subject  to  adequate 
publicity by the Member State according to Article 12043. 

Article 29 
Advisory services 

In  order  to  improve  the  overall  performance  and  competitiveness  of  operators,  the 
EMFF may support: 

(a) 

feasibility  studies  assessing  the  viability  of  projects  potentially  eligible  for 
support under this Chapter; 

(b) 

the provision of professional advice on business and marketing strategies. 

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2. 

3. 

4. 

5. 

1. 

2. 

3. 

The feasibility studies and advice referred to respectively in paragraph 1(a) and (b) 
shall  be  provided  by  recognised  scientific  or  technical  bodies  with  the  required 
advisory competences as recognised by the national law of each Member State. 

The support referred to in paragraph 1 shall be granted to operators or organisations 
of  fishermen,  recognised  by  the  Member  State,  who  commissioned  the  feasibility 
study referred to in paragraph 1. 

Member  States  shall  ensure  that  operations  to  be  financed  under  this  Article  are 
selected through an accelerated procedure. 

The  support  referred  to  in  paragraph  1  shall  take  the  form  of  lump  sums  not 
exceeding the amount of 3 000 Euro. This limit shall not apply when the beneficiary 
is an organisation of fishermen. 

Article 30 
Partnerships between scientists and fishermen 

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

(a) 

the  creation  of  a  network  composed  by  one  or  more  independent  scientific 
bodies and fishermen or one or more organisations of fishermen; 

(b) 

the activities carried out by a network as referred in point (a). 

Activities referred to in paragraph 1(b) may cover data collection activities, studies, 
dissemination of knowledge and best practices. 

The  support  referred  to  in  paragraph  1  may  be  granted  to  public  law  bodies, 
fishermen,  organisations  of 
fishermen  and  non-governmental  organisations 
recognised by the Member State or FLAGs as defined under Article 62. 

Article 31 
Promoting human capital and social dialogue 

1. 

In order to promote human capital and social dialogue, the EMFF may support: 

(a) 

lifelong  learning,  dissemination  of  scientific  knowledge  and  innovative 
practices, and acquisition of new professional skills in particular linked to the 
sustainable  management  of  marine  ecosystems,  activities  in  the  maritime 
sector, innovation and entrepreneurship; 

(b)  networking and exchange of experience and best practice between stakeholders 
including  among  organisations  promoting  equal  opportunities  between  men 
and women; 

(c)  promoting  the  social  dialogue  at  national,  regional  or  local  level  involving 

fishermen and other relevant stakeholders. 

2. 

The  support  referred  to  in  paragraph  1  shall  also  be  granted  to  spouses  of  self-
employed  fishermen  or,  when  and  in  so  far  as  recognised  by  national  law,  the  life 
partners  of  self-employed  fishermen,  not  being  employees  or  business  partners, 
where they habitually, under the conditions laid down by national law, participate in 
the activities of the self-employed fishermen or perform ancillary tasks. 

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Article 32 
Facilitating diversification and job creation 

1. 

In order to facilitate diversification and job creation outside fishing, the EMFF may 
support: 

(a)  business start-ups outside fishing; 

(b) 

retrofitting of small scale coastal fishing vessels in order to reassign them for 
activities outside fishing. 

2. 

Support under paragraph 1 (a) shall be granted to fishermen who: 

(a) 

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

(b)  possess adequate professional skills which may be acquired through operations 

financed under Article 31(1)(a). 

Support  under  paragraph  1(b)  shall  be  granted  to  small  scale  coastal  fishermen 
owning a Union fishing vessel registered as active and which have carried out fishing 
activities  at  sea  at  least  60  days  during  the  two  years  preceding  the  date  of 
submission of the application. The fishing licence associated with the fishing vessel 
shall be permanently withdrawn. 

Beneficiaries  of  the  support  referred  to  in  paragraph  1  shall  not  engage  in 
professional fishing in the five years following the reception of the last payment of 
the support. 

Eligible costs under paragraph 1(b) shall be limited to the costs of modification of a 
vessel undertaken for the purpose of its reassignment. 

The  amount  of  financial  assistance  granted  under  paragraph  1  (a)  shall  not  exceed 
50%  of  the  budget  foreseen  in  the  business  plan  for  each  operation  and  shall  not 
exceed a maximum amount of 50 000 EUR for each operation. 

Article 33 
Health and safety on board 

In  order  to  improve  working  conditions  on  board  for  fishermen  the  EMFF  may 
support  investments  on  board  or  in  individual  equipments  providing  that  these 
investments go beyond standards required under national or Union law. 

The support shall be granted to fishermen or owners of fishing vessels. 

When  the  operation  consists  in  an  investment  on  board,  the  support  shall  not  be 
granted more than once during the programming period for the same fishing vessel. 
When  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 
beneficiary. 

The  Commission  shall  be  empowered  to  adopt  delegated  acts  in  accordance  with 
Article 12750 in order to identify the types of operations eligible under paragraph 1. 

Article 34 
Support to systems of transferable fishing concessions of the CFP 

In  order  to  establish  or  modify  systems  of  transferable  fishing  concessions  under 
Article 27 of the [Regulation on the CFP], the EMFF may support: 

3. 

4. 

5. 

6. 

1. 

2. 

3. 

4. 

1. 

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(a) 

(b) 

(c) 

(d) 

the  design  and  development  of  technical  and  administrative  means  necessary 
for the creation or functioning of a transferable fishing concessions system; 

stakeholder  participation  in  designing  and  developing  transferable  fishing 
concessions systems; 

the monitoring and evaluation of transferable fishing concessions systems; 

the management of transferable concessions systems. 

2. 

Support under paragraph 1 (a), (b) and (c) shall only be granted to public authorities. 
Support  under  paragraph  1  (d)  of  this  Article  shall  be  granted  to  public  authorities 
legal or natural persons or recognized producer organizations involved in collective 
management  of  pooled  transferable  fishing  concessions  in  accordance  with  Article 
28(4) of the Regulation on Common Fisheries. 

Article 35 
Support to the implementation of conservation measures under the CFP 

1. 

In order to ensure efficient implementation of conservation measures under Articles 
17 and 21 of the [Regulation on Common Fisheries Policy] the EMFF may support: 

(a) 

(b) 

the  design  and  development  of  technical  and  administrative  means  necessary 
for the implementation of conservation measures in the meaning of Articles 17 
and 21 of the [Regulation on Common Fisheries Policy]; 

implementing  conservation 
stakeholder  participation 
measures in the meaning of Articles 17 and 21 of the [Regulation on Common 
Fisheries Policy] 

in  designing  and 

2. 

The support referred to in paragraph 1 shall only be granted to public authorities. 

1. 

2 

3. 

Article 36 
Limiting the impact of fishing on the marine environment 

In  order  to  reduce  the  impact  of  fishing  on  the  marine  environment,  foster  the 
elimination  of  discards  and  facilitate  the  transition  to  exploitation  of  living  marine 
biological  resources  that  restores  and  maintains  populations  of  harvested  species 
above  levels  which  can  produce  the  MSY,  the  EMFF  may  support  investments  in 
equipment: 

(a) 

(b) 

(c) 

improving size selectivity or species selectivity of fishing gear; 

reducing unwanted catches of commercial stocks or other by-catches; 

limiting the physical and biological impacts of fishing on the ecosystem or the 
sea bed. 

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

Support  shall  only  be  granted  when  the  gear  or  other  equipment  referred  under 
paragraph  1  has  demonstrably  better  size-selection  or  lower  impact  on  non-target 
species  than  the  standard  gear  or  other  equipment  permitted  under  Union  law  or 
relevant national law of Member States adopted in the context of regionalisation as 
referred to in the [Regulation on the CFP]. 

4. 

Support shall be granted to: 

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

(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  years  preceding  the 
date of submission of the application; 

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

Article 37 
Innovation linked to the conservation of marine biological resources 

In order to contribute to the elimination of discards and by-catches and facilitate the 
transition  to  exploitation  of  living  marine  biological  resources  that  restores  and 
maintains  populations  of  harvested  species  above  levels  which  can  produce  the 
MSY,  the  EMFF  may  support  projects  aiming  at  developing  or  introducing  new 
technical  or  organisational  knowledge  reducing  impacts  of  fishing  activities  on  the 
environment or achieving a more sustainable use of marine biological resources. 

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

The results of operations financed under this Article shall be the subject to adequate 
publicity by the Member State according to Article 12043. 

Fishing vessels involved in projects financed under this Article shall not exceed 5% 
of  the  vessels  of  the  national  fleet  or  5%  of  the  national  fleet  tonnage  in  gross 
tonnage, calculated at the time of submission of the application. 

Operations consisting of testing new fishing gear or techniques shall be carried out 
within the limits of the fishing opportunities allocated to the Member State. 

The net revenue generated by the participation of the fishing vessel in the operation 
shall be deducted from the eligible expenditure of the operation. 

The  Commission  shall  be  empowered  to  adopt  delegated  act  in  accordance  with 
Article  12750  in  order  to  specify  the  calculation  of  net  revenue  referred  to  in 
paragraph 6 linked to a relevant period of time. 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

Article 38 
Protection and restoration of marine biodiversity and ecosystems in the framework of 
sustainable fishing activities 

1. 

In order to stimulate the participation of fishermen in the protection and restoration 
of  marine  biodiversity  and  ecosystems  including  the  services  they  provide  in  the 
framework  of  sustainable  fishing  activities,  the  EMFF  may  support  the  following 
operations: 

(a) 

(b) 

collection of waste from the sea such as the removal of lost fishing gears and 
marine litter; 

the construction or installation of static or movable facilities intended to protect 
and enhance marine fauna and flora; 

(c) 

the contribution to a better management or conservation of resources; 

EN 

40 

   EN 

(d)  management,  restoration  and  monitoring  NATURA  2000  sites  in  accordance 
with  Council  Directive  92/43/EEC  of  21  May  1992  on  the  conservation  of 
natural  habitats  and  of  wild  fauna  and  flora27  and  Council  and  European 
Parliament Directive 2009/147/EC of 30 November 2009 on the conservation 
of  wild  birds28,  in  accordance  with  prioritised  action  frameworks  established 
pursuant to Council Directive 92/43/EEC; 

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

(f) 

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. 

2. 

3. 

Operations  under  this  Article  shall  be  implemented  by  public  law  bodies  and  shall 
involve fishermen or organisations of fishermen, recognised by the Member State, or 
non-governmental  organisation  in  partnership  with  organisations  of  fishermen  or 
FLAGs as defined under Article 62. 

The  Commission  shall  be  empowered  to  adopt  delegated  acts  in  accordance  with 
Article 12750 in order to: 

(a) 

(b) 

identify the types of operations eligible under paragraph 1 of this Article; 

specify the eligible costs under paragraph 1. 

Article 39 
Mitigation of climate change 

1. 

In order to mitigate the effects of climate change the EMFF may support: 

(a) 

investments  on  board  aimed  at  reducing  the  emission  of  pollutants  or  green-
house gases and increasing energy efficiency of fishing vessels; 

2. 

3. 

1. 

2. 

(b) 

energy efficiency audits and schemes. 

Support shall not contribute to the replacement or modernisation of main or ancillary 
engines. Support shall only be granted to owners of fishing vessels and not more than 
once during the programming period for the same fishing vessel. 

The  Commission  shall  be  empowered  to  adopt  delegated  acts  in  accordance  with 
Article 12750 in order to define the investments eligible under paragraph 1(a). 

Article 40 
Product quality and use of unwanted catches 

In order to improve the quality of the fish caught the EMFF may support investments 
on board for this purpose. 

In order to improve the use of unwanted catches the EMFF may support investments 
on board to make the best use of unwanted catches of commercial stocks and valorise 
underused components of fish caught, in line with Article 15 of the [Regulation on 
Common  Fisheries  Policy]  and  Article  8(b)  of  the  [Regulation  (EU)  No  on  the 
common organisation of the markets in fishery and aquaculture products]. 

27 
28 

OJ L 206 , 22.7.1992 p.7. 
OJ L 20, 26.1.2010, p. 7. 

EN 

41 

   EN 

                                                 
3. 

4. 

1. 

2. 

3. 

4. 

1. 

Support  under  this  Article  shall  not  be  granted  more  than  once  during  the 
programming period for the same fishing vessel or the same beneficiary. 

The  support  referred  to  in  paragraph  1  shall  only  be  granted  to  owners  of  Union 
fishing vessels whose vessels are which have carried a fishing activity for at least 60 
days at sea during the two years preceding the date of submission of the application. 

Article 41 
Fishing ports, landing sites and shelters 

For  the  purpose  of  increasing  the  quality  of  the  product  landed,  increasing  energy 
efficiency, contributing to environmental protection or improving safety and working 
conditions, the EMFF may support investments improving fishing port infrastructure 
or  landing  sites,  including  investments  in  facilities  for  waste  and  marine  litter 
collection. 

In order to facilitate the use of unwanted catches the EMFF may support investments 
in  fishing  ports  and  landing  sites  which  enable  to  make  the  best  use  of  unwanted 
catches of commercial stocks and which valorise under-used components of the fish 
caught, in line with Article 15 of the [Regulation on Common Fisheries Policy] and 
Article 8(b) of the [Regulation (EU) No on the common organisation of the markets 
in fishery and aquaculture products]. 

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

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

Article 42 
Inland Fishing 

In order to reduce the impact of inland fishing on the environment, increase energy 
efficiency,  increase  the  quality  of  fish  landed,  or  to  improve  safety  or  working 
conditions, the EMFF may support the following investments: 

(a)  on board or in individual equipment as referred to in Article 33 and under the 

conditions set out in that Article; 

(b) 

in equipment as referred to in Article 36 and under the conditions set out in that 
Article; 

(c)  on  board  and  energy  efficiency  audits  and  schemes  as  foreseen  in  Article  39 

and under the same conditions set out in that Article; 

(d)  on  existing  ports  and  landing  sites  as  referred  to  in  Article  41  and  under  the 

conditions set out in that Article. 

2 

For the purposes of paragraph 1: 

(a)  References  made  in  Articles  33,  36  and  39  to  fishing  vessels  shall  be 
understood as references to vessels operating exclusively in inland water; 

(b)  References made in Article 36 to the marine environment shall be understood 
as references to the environment in which the inland fishing vessel operates. 

EN 

42 

   EN 

3. 

4. 

5. 

6. 

In  order  to  sustain  diversification  by  inland  fishermen,  the  EMFF  may  support  the 
reassignment of vessels operating in inland fishing to other activities outside fishing 
under the conditions of Article 32 of this Regulation. 

For  the  purposes  of  paragraph  3,  references  made  in  Article  32  to  fishing  vessels 
shall be understood as references to vessels operating exclusively in inland water. 

In order to protect and develop aquatic fauna and flora, the EMFF may support the 
participation  of  inland  fishermen  in  managing,  restoring  and  monitoring  NATURA 
2000  sites  where  these  areas  directly  concern  fishing  activities  as  well  as  the 
rehabilitation of inland waters, including spawning grounds and migration routes for 
migratory species, without prejudice of Article 38(1)(d). 

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

CHAPTER II 
Sustainable development of aquaculture 

Article 43 
Specific objectives 

Support  under  this  Chapter  shall  contribute  to  achieving  the  Union  priorities  identified  in 
Article 6(2) and (4). 

Article 44 
General conditions 

1. 

2. 

Support  under  this  Chapter  shall  be  limited  to  aquaculture  enterprises  unless 
otherwise expressly established. 

Where  operations  consist  of  investments  in  equipment  or  infrastructure  ensuring 
compliance with requirements on the environment, human or animal health, hygiene 
or  animal  welfare  under  Union  law,  and  entering  into  force  after  2014,  may  be 
granted until the date on which the standards become mandatory for the enterprises. 

Article 45 
Innovation 

1. 

In order to stimulate innovation in aquaculture, the EMFF may support operations: 

(a) 

introducing  new  technical  or  organisational  knowledge  in  aquaculture  farms 
which  reduces  their  impact  on  the  environment  or  fosters  a  more  sustainable 
use of resources in aquaculture; 

(b)  developing  or  introducing  in  the  market  new  or  substantially  improved 
products  compared  to  the  state  of  art,  new  or  improved  processes,  new  or 
improved management and organisation systems. 

2. 

3. 

Operations under this Article must be carried out in collaboration with a scientific or 
technical body as recognised by the national law of each Member State which shall 
validate the results of such operations. 

The results of operations receiving support shall be subject to adequate publicity by 
the Member State according to Article 12043. 

EN 

43 

   EN 

1. 

2. 

1. 

2. 

Article 46 
Investments in off-shore and non-food aquaculture 

In  order  to  foster  forms  of  aquaculture  with  high  growth  potential,  the  EMFF  may 
support investment in the development of off-shore or non food aquaculture. 

The  Commission  shall  be  empowered  to  adopt  delegated  acts  in  accordance  with 
Article 12750 in order to identify the type of operations and the eligible costs. 

Article 47 
New forms of income and added value 

In  order  to  foster  entrepreneurship  in  aquaculture,  the  EMFF  may  support 
investments contributing to: 

(a) 

adding value to aquaculture products, in particular by allowing the aquaculture 
enterprise  to  carry  out  the  processing,  marketing  and  direct  sale  of  its  own 
aquaculture production; 

(b)  diversification  of 

the 

income  of  aquaculture  enterprises 

through 

the 

development of new aquaculture species with good market prospects; 

(c)  diversification  of 

the 

income  of  aquaculture  enterprises 

through 

the 

development of complementary activities outside aquaculture. 

Support  under  paragraph  1(c)  shall  be  granted  only  to  aquaculture  enterprises 
provided  that  the  complementary  activities  outside  aquaculture  relate  to  the  core 
aquaculture  business  of  enterprise,  such  as  angling 
tourism,  aquaculture 
environmental services or educational activities on aquaculture. 

Article 48 
Management, relief and advisory services for aquaculture farms 

1. 

In  order  to  improve  the  overall  performance  and  competitiveness  of  aquaculture 
farms, the EMFF may support: 

(a) 

(b) 

the setting up management, relief and advisory services for aquaculture farms; 

the  provision  of  farm  advisory  services  of  technical,  scientific,  legal  or 
economic nature. 

2. 

Advisory services under paragraph 1(b) shall cover: 

(a) 

the  management  needs  for  aquaculture  to  comply  with  Union  and  national 
environmental  protection  legislation  as  well  as  Maritime  Spatial  Planning 
requirements; 

(b)  Environmental Impact Assessment; 

(c) 

the  management  needs  for  aquaculture  to  comply  with  Union  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. 

Support under paragraph (1)(a) shall only be granted to public law bodies selected to 
set  up  the  farm  advisory  services.  Support  under  paragraph  (1)(b)  shall  only  be 
granted to aquaculture SMEs or aquaculture producer's organisations. 

EN 

44 

   EN 

4. 

Aquaculture farms shall not receive support for the advisory services more than once 
for  each  category  of  services  covered  under  paragraph  2  (a)  to  (e)  during  the 
programming period. 

Article 49 
Promoting human capital and networking 

1. 

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

2. 

1. 

(a) 

lifelong  learning,  dissemination  of  scientific  knowledge  and  innovative 
practices and acquisition of new professional skills in aquaculture; 

(b)  networking  and  exchange  of  experience  and  best  practice  among  aquaculture 
enterprises  or  professional  organisations  and  other  stakeholders,  including 
scientific  bodies  or  those  promoting  equal  opportunities  between  men  and 
women. 

Support  referred  to  in  paragraph  1(a)  shall  not  be  granted  to  large  aquaculture 
enterprises. 

Article 50 
Increasing the potential of aquacultures sites 

In order to contribute to the development of the aquaculture sites and infrastructures, 
the EMFF may support: 

(a) 

(b) 

(c) 

identification  and  mapping  of  most  suitable areas for developing aquaculture, 
and where applicable, taking into account maritime spatial planning processes; 

improvement  of  infrastructures  of  aquaculture  areas  including  through  land 
consolidation, energy supply or water management; 

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

2. 

Beneficiaries of support under this Article shall only be public law bodies. 

Article 51 
Encouraging new aquaculture farmers 

1. 

2. 

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

Support  1  shall  be  granted  to  aquaculture  farmers  entering  the  sector  provided  that 
they: 

(a)  possess adequate professional skills and competence; 

(b) 

are  setting  up  for  the  first  time  an  aquaculture  micro  or  small  enterprise  as 
heads of such enterprise; 

(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 Article 49(1)(a). 

EN 

45 

   EN 

Article 52 
Promotion of aquaculture with high level of environmental protection 

In order to substantially reduce the impact of aquaculture on the environment the EMFF may 
support investments: 

(a) 

(b) 

(c) 

(d) 

(e) 

allowing for a substantial reduction of impact of aquaculture enterprises on water, in 
particular through reducing the amount of water used or improving the output water 
quality, including through the deployment of multi-trophic aquaculture systems; 

limiting the negative impact of aquaculture enterprises on nature or biodiversity; 

the  purchase  of  the  equipment  protecting  aquaculture  farms  from  wild  predators 
benefitting  from  protection  under  Council  and  European  Parliament  Directive 
2009/147/EEC and Council Directive 92/43/EC; 

increasing energy efficiency and promoting conversion of aquaculture enterprises to 
renewable sources of energy; 

the  restoration  of  existing  aquaculture  ponds  or  lagoons  through  removal  of  silt,  or 
possible measures aimed at the prevention of silt deposition. 

Article 53 
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) 

conversion  of  conventional  aquaculture  production  methods  into  organic 
aquaculture within the meaning of Council Regulation (EC) No 834/2007 of 28 
June  2007  on  organic  production  and  labelling  of  organic  products  and 
repealing  Regulation  (EEC)  No  2092/9129  and  according  to  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 production30; 

(b) 

the participation in the Union eco-management and audit schemes established 
by  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)31. 

2. 

3. 

Support  shall  only  be  granted  to  beneficiaries  who  commit  themselves  for  a 
minimum  of  3  years  to  participate  in  the  EMAS  or  for  a  minimum  of  5  years  to 
comply with the requirements of organic production. 

Support shall take the form of compensation for a maximum of two years during the 
period  of  the  conversion  of  the  enterprise  to  organic  production  or  during  the 
preparation for participation in the EMAS scheme. 

4. 

Member States shall calculate the compensation on the basis of: 

29 
30 
31 

OJ L 189, 20.7.2007, p. 1 
OJ L 204, 6.8.2009, p. 15 
OJ L 114, 24.4.2001, p. 1 

EN 

46 

   EN 

                                                 
(a) 

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

(b) 

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

Article 54 
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  Council  Directive  92/43/EEC  and 
Council and European Parliament Directive 2009/147/EC; 

(b)  participation  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) 

forms of extensive aquaculture including conservation and improvement of the 
environment,  biodiversity,  and  management  of  the  landscape  and  traditional 
features of aquaculture zones. 

Support  under  paragraph  1  (a)  shall  take  the  form  of  annual  compensation  for  the 
additional  costs 
income  foregone  resulting  from  management 
requirements  in  the  areas  concerned,  related  to  the  implementation  of  Council 
Directive 92/43/EEC or Council and European Parliament Directive 2009/147/EC. 

incurred  or 

Support  under  paragraph  1  (c)  shall  be  granted  only  where  beneficiaries  commit 
themselves for a minimum 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 a given 
operation are already recognised. 

Support provided under paragraph 1 (c) shall take the form of annual compensation 
for the additional costs incurred. 

The  results  of  operations  receiving  support  under  this  Article  shall  be  subject  to 
adequate publicity by the Member State according to Article 12043. 

Article 55 
Public health measures 

The  EMFF  shall  support  compensation  to  mollusc  farmers  for  the  temporary 
suspension of harvesting of farmed molluscs exclusively for reasons of public health. 

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

(a) 

it lasts for more than four months consecutively; or 

2. 

3. 

4. 

5. 

1. 

2. 

EN 

47 

   EN 

(b) 

the loss, resulting from the suspension of the harvest, amounts to more than 35 
% of the annual turnover of the business concerned, calculated on the basis of 
the average turnover of the business over the preceding three years. 

The  duration  for  which  compensation  may  be  granted  shall  be  of  maximum  12 
months over the entire programming period. 

Article 56 
Animal health and welfare measures 

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

(a) 

(b) 

(c) 

the  control  and  eradication  of  diseases  in  aquaculture  under  the  terms  of 
Council Decision 2009/470/EC on expenditure in the veterinary field; 

the  development  of  general  and  species  specific  best  practices  or  codes  of 
conducts on bio-security or on animal welfare needs in aquaculture; 

increasing the availability of veterinary medicines for its use in aquaculture and 
promoting  appropriate  use  of  such  medicines  through  the  commissioning  of 
pharmaceutical studies and the dissemination and exchange of information. 

Support under paragraph 1(c) shall not cover the purchase of veterinary medicines. 

The  results  of  the  studies  financed  under  paragraph  1(c)  shall  be  the  subject  to 
adequate reporting and publicity by the Member State according to Article 12043. 

Support may also be granted to public law bodies. 

Article 57 
Aquaculture stock insurance 

In order to safeguard the income of aquaculture producers the EMFF may support the 
contribution to an aquaculture stock insurance which shall cover the losses due to: 

(a)  natural disasters; 

(b) 

(c) 

adverse climatic events; 

sudden water quality changes; 

(d)  diseases in aquaculture or destruction of production facilities. 

The occurrence of an adverse climatic event or the outbreak of disease in aquaculture 
shall be formally recognised as such by the Member State concerned. 

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

Support shall only be granted for aquaculture stock insurance contracts which cover 
economic losses under paragraph 1 exceeding 30% of the average annual production 
of the aquaculture farmer. 

3. 

1. 

2. 

3. 

4. 

1. 

2. 

3. 

EN 

48 

   EN 

CHAPTER III 
Sustainable development of fisheries areas 

SECTION 1 
SCOPE AND OBJECTIVES 

Article 58 
Scope 

The  EMFF  shall  support  the  sustainable  development  of  fisheries  areas  following  a 
community-led local development approach as set out in Article 28 of the [Regulation (EU) 
No [...] laying down Common Provisions]. 

Article 59 
Specific Objectives 

Financial  support  under  this  Chapter  shall  contribute  to  the  achievement  of  the  Union 
priorities identified in Article 6(1). 

SECTION 2 
FISHERIES AREAS, LOCAL PARTNERSHIPS AND LOCAL DEVELOPMENT 
STRATEGIES 

1. 

A fisheries area eligible for support shall be: 

Article 60 
Fisheries areas 

(a) 

(b) 

limited in size and, as a general rule, shall be smaller than NUTS level 3 of the 
common  classification  of  territorial  units  for  statistics  within  the  meaning  of 
Regulation  (EC)  No  1059/2003  of  26  May  2003  of  the  European  Parliament 
and  of  the  Council  of  23  May  2003  on  the  establishment  of  a  common 
classification of territorial units for statistics (NUTS)32; and 

functionally  coherent  in  geographical,  economic  and  social  terms,  taking 
specific  account  of  the  fisheries  and  aquaculture  sectors  and  offer  sufficient 
critical mass in terms of human, financial end economic resources to support a 
viable local development strategy.. 

In  the  operational  programme  Member  States  shall  lay  down  the  procedure  for 
selecting the areas including the criteria applied. 

Article 61 
Integrated local development strategies 

For the purposes of the EMFF, the integrated local development strategy referred to 
in  Article  28(1)(c)  of  [Regulation  (EU)  No  […]  laying  down  Common  Provisions] 
shall be based on the interaction between actors and projects of different sectors of 
the local economy, in particular the fisheries and aquaculture sectors; 

2. 

1. 

32 

OJ L 154, 21.6.2003, p. 1 

EN 

49 

   EN 

                                                 
2. 

In order to contribute to the achievement of the objectives referred to in Article 59 
local development strategies shall : 

(a)  maximise  the  participation  of  the  fisheries  and  aquaculture  sectors  in  the 

sustainable development of coastal and inland fisheries areas; 

(b) 

ensure that local communities fully exploit and benefit from the opportunities 
offered by maritime and coastal development. 

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

To be eligible for EMFF funding the integrated local development strategy referred 
to in Article 29 of the [Regulation (EU) No […] laying down Common Provisions] 
shall also contain as a minimum the following elements: 

(a) 

(b) 

a description and justification of the membership of the FLAG; 

a  justification  of  the  proposed  EMFF  budget  and  allocation  of  resources 
between the local priorities identified. 

The  Commission  shall  be  empowered  to  adopt  delegated  acts  in  accordance  with 
Article 12750 concerning the content of the action plan referred to in Article 29(1)(e) 
of the [Regulation (EU) No […] laying down Common Provisions]. 

Member States shall define in the operational programme criteria for the selection of 
local  development  strategies,  which  reflect  the  added  value  of  the  community-led 
approach. 

Article 62 
Fisheries local action groups 

For the purposes of the EMFF the local action groups referred to in Article 28(1)(b) 
of [Regulation (EU) No […] laying down Common Provisions] shall be designated 
as Fisheries Local Action Groups (hereinafter "FLAGs") 

The FLAGs shall propose an integrated local development strategy based at least on 
the elements set out in Article 61 and be responsible for its implementation. 

The FLAGs shall: 

(a)  broadly  reflect  the  main  focus  of  their  strategy  and  the  socio-economic 
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 fisheries and aquaculture sectors. 

If  the  local  development  strategy  is  supported  by  other  Funds  in  addition  to  the 
EMFF  a  specific  selection  body  for  EMFF  supported  projects  shall  be  established 
according to the criteria set out in paragraph (3). 

The minimum  tasks of  FLAGs are set out in Article 30(3) of the [Regulation (EU) 
No […] laying down Common Provisions]: 

FLAGs  may  also  carry  out  additional  tasks  delegated  to  them  by  the  managing 
authority and/or the paying agency. 

3. 

4. 

5. 

6. 

1. 

2. 

3. 

4. 

5. 

6. 

EN 

50 

   EN 

7. 

1. 

2. 

1. 

2. 

The respective roles of the FLAG, the managing authority /the paying agency for all 
implementation  tasks  relating  to  the  strategy  shall  be  clearly  described  in  the 
operational programme. 

SECTION 3 
ELIGIBLE OPERATIONS 

Article 63 
Support from the EMFF for integrated local development 

The operations eligible under this Section are set out in Article 31 of the [Regulation 
(EU) No […] laying down Common Provisions]. 

Local  action  groups  may  request  the  payment  of  an  advance  from  the  competent 
paying  agency  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. 

Article 64 
Preparatory support 

Preparatory  support  shall  cover  capacity  building,  training  and  networking  with  a 
view to preparing and implementing a local development strategy. 

The  Commission  shall  be  empowered  to  adopt  delegated  acts  in  accordance  with 
Article  12750  concerning  the  definition  of  eligible  costs  of  the  activities  under 
paragraph 1. 

Article 65 
Implementation of local development strategies 

1. 

Support  for  the  implementation  of  local  development  strategies  may  be  granted  for 
the following objectives : 

(a) 

(b) 

(c) 

adding  value,  creating  jobs,  and  promoting  innovation  at  all  stages  of  the 
fisheries and aquaculture supply chain; 

supporting  diversification  and  job  creation  in  fisheries  areas,  in  particular  in 
other maritime sectors; 

enhancing  and  capitalising  on  the  environmental  assets  of  the  fisheries  areas 
including operations to mitigate climate change; 

(d)  promoting  social  well  being  and  cultural  heritage  in  fisheries  areas  including 

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 given may include measures provided for Chapters I and II of this Title, 
provided  there  is  a  clear  rational  for  their  management  at  local  level.  When 
assistance  is  granted  for  operations  corresponding  to  these  measures,  the  relevant 
conditions and the scales of contribution per operation laid down in Chapters I and II 
of this Title shall apply. 

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Article 66 
Cooperation activities 

1. 

Support  referred  to  in  Article  31(c)  of  the  [Regulation  (EU)  No  […]  laying  down 
Common Provisions] may be granted to: 

(a) 

inter-territorial or transnational cooperation projects; 

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

“Inter-territorial  cooperation”  means  cooperation  within  a  Member  State. 
“Transnational  cooperation”  means  cooperation  between  territories  in  several 
Member States and with territories in third countries. 

Apart  from  other  FLAGs,  the  partners of  a  FLAG  under  the  EMFF  may  be  a  local 
public-private  partnership  that  is implementing a  local  development  strategy  within 
or outside the Union. 

In cases where co-operation projects are not selected by the FLAGs, Member States 
shall establish a  system  of  ongoing  application for 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. 

Approval of cooperation projects shall take place no later than four months after the 
date of submission of the project. 

Member  States  shall  communicate  to  the  Commission  the  approved  transnational 
cooperation projects. 

Article 67 
Running costs and animation 

Running  costs  referred  to  in  Article  31(d)  of  the  [Regulation  (EU)  No  […]  laying 
down Common Provisions] shall be linked to the management of the implementation 
of the local development strategy through the FLAG. 

Costs  for  the  animation  of  the  fisheries  area  referred  to  in  Article  31(d)  of  the 
[Regulation (EU) No […] laying down Common Provisions] shall cover operations 
to inform about the local development strategy as well as project development tasks. 

The  Commission  shall  be  empowered  to  adopt  delegated  acts  in  accordance  with 
Article 12750 concerning the definition of eligible costs of the operations referred to 
in paragraphs 1 and 2. 

CHAPTER IV 
Marketing and processing related measures 

2. 

3. 

4. 

5. 

1. 

2. 

3. 

Article 68 
Specific Objectives 

Support under this Chapter shall contribute to achieve the specific objectives of Chapter I and 
Chapter II of this Title. 

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1. 

2. 

3. 

4. 

5. 

1. 

Article 69 
Production and Marketing Plans 

The  EMFF  may  support  the  preparation  and  implementation  of  production  and 
marketing  plans  referred  to  in  Article  32  of  [Regulation  (EU)  No  on  the  common 
organisation of the markets in fishery and aquaculture products]. 

Expenditure  related  to  production  and  marketing  plans  shall  be  eligible  for  a 
contribution  under  the  EMFF  only  after  approval  by  the  competent  authorities  in 
each  Member  State  of  the  annual  report  referred  to  in  Article  32(4)  of  [Regulation 
(EU)  No  on  the  common  organisation  of  the  markets  in  fishery  and  aquaculture 
products]. 

Support  granted  per  year  under  this  Article  shall  not  exceed  3  %  of  the  average 
annual value of the marketed production at first sale of each producer organisation in 
the period 2009-2011. For any newly recognised producer organisation, the support 
granted per year shall not exceed 3 % of the average annual value  of the marketed 
production at first sale of their members in the period 2009-2011. 

The  Member  State  concerned  may  grant  an  advance  of  50%  of  the  financial 
assistance  after  approval  of  the  production  and  marketing  plan  in  conformity  with 
Article 32(2) of [Regulation (EU) No on the common organisation of the markets in 
fishery and aquaculture products]. 

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

Article 70 
Storage aid 

The  EMFF  may  support  compensation  to  recognised  producer  organisations  and 
associations of producers organisations which store fishery products listed in Annex 
II  of  Regulation  No.  [  on  the  common  organisation  of  the  market  in  fishery  and 
aquaculture  products],  provided  that  the  products  are  stored  in  conformity  with 
Articles 35 and 36 of Regulation No …[on the common organisation of the markets 
in fishery and aquaculture products]: 

(a) 

(b) 

(c) 

the amount of the storage aid shall not exceed the amount of the technical and 
financial  costs  of  the  actions  required  for  the  stabilisation  and  storage  of  the 
products in question; 

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

the financial assistance per year shall not exceed the following percentages of 
the  average  annual  value  of  the  marketed  production  at  first  sale  of  the 
members  of  producer  organisation  in  the  period  2009-2011.  In  the  case  that 
members  of  producer  organisation  did  not  have  any  marketed  production  in 
2009-2011, the average annual value of marketed production in the first three 
years of production of such member shall be taken into account: 

– 

– 

– 

1 % in 2014 

0,8 % in 2015 

0,6 % in 2016 

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– 

– 

0,4 % in 2017 

0,2 % in 2018 

2. 

3. 

4. 

5. 

By 2019 support referred to in paragraph 1 shall be phased out. 

The  support  shall  only  be  granted  once  the  products  are  released  for  human 
consumption. 

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

(a) 

(b) 

technical costs shall be calculated each year on the basis of direct costs relating 
to the actions required for stabilisation and storage; 

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

(c) 

technical and financial costs shall be made publicly available. 

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 these 
inspection  arrangements,  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 71 
Marketing measures 

1. 

The  EMFF  may  support  marketing  measures  for  fishery  and  aquaculture  products 
which aim at: 

(a) 

improving the conditions for the placing on the market of: 

(i) 

surplus or underexploited species; 

(ii)  unwanted catches landed in conformity with Article 15 of [Regulation on 
the  Common  Fisheries  Policy]  and  Article  8  (b)  second  indent  of  the 
[Regulation  (EU)  No  on  the  common  organisation  of  the  markets  in 
fishery and aquaculture products]; 

(iii)  products obtained using methods with low impact on the environment or 
organic  aquaculture  products  as  defined  in  Council  Regulation(EC)  No 
834/2007 on organic production. 

(b)  promoting the quality by facilitating: 

(i) 

(ii) 

the  application  for  registration  of  a  given  product  under  the  terms  of 
Council  Regulation  (EC)  No  510/2006  of  20  March  2006  on  the 
protection  of  geographical  indications  and  designations  of  origin  for 
agricultural products and foodstuffs33; 

certification  and  promotion 
including  of  sustainable  fishery  and 
aquaculture  products  and  of  environmentally  friendly  processing 
methods; 

(iii)  direct marketing of fishery products by small scale coastal fishermen. 

33 

OJ L 93, 31.3.2006, p. 12; OJ L 335M , 13.12.2008, p. 213 (MT). 

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(c) 

contributing to the transparency of production and the markets and conducting 
market surveys; 

(d)  drawing up standard contracts which are compatible with Union law; 

(e) 

creating  producers'  organisations,  associations  of  producer  organisations  or 
inter-branch  organisations  recognised  under  Chapter  II,  Section  III  of 
Regulation  [on  the  Common  Organisation  of  the  markets  in  fisheries  and 
aquaculture products]; 

(f) 

conducting  regional,  national  or  transnational  promotional  campaigns  for 
fishery and aquaculture products. 

Operations  under  paragraph  (1)(b)  may  include  the  integration  of  production, 
processing and marketing activities of the supply chain. 

Article 72 
Processing of fisheries and aquaculture products 

The  EMFF  may  support  investments  in  the  processing  of  fisheries  and  aquaculture 
products: 

(a) 

(b) 

(c) 

(d) 

contributing  to  energy  saving  or  reducing  the  impact  on  the  environment, 
including waste treatment; 

for the processing of species of limited or no commercial interest; 

for the processing of by-products resulting from main processing activities; 

for the processing of organic aquaculture products as regulated in Article 6 and 
7 of Council Regulation(EC) No 834/2007. 

2. 

1. 

2. 

The  support  referred  to  in  paragraph  1  shall  be  granted  exclusively  through  the 
financial instruments provided for in Title IV of the [Regulation (EU) No [...] laying 
down Common Provisions]. 

CHAPTER V 
Compensation for additional costs in outermost regions for fishery 
and aquaculture products 

Article 73 
Compensation regime 

1. 

2. 

3. 

The EMFF may support the compensation regime introduced by Council Regulation 
(EC)  No  791/2007  for  the  additional  costs  incurred  by  the  operators  in  the  fishing, 
farming and marketing of certain fishery and aquaculture products from the Azores, 
Madeira, the Canary Islands, French Guiana, and Réunion. 

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 the compensation. 

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

4. 

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

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(a) 

(b) 

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

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

(c) 

imported from third countries. 

5. 

Paragraph  4  (b)  of  this  Article  shall  not  apply  if  the  existing  capacity  of  the 
processing  industry  in  the  outermost  region  concerned  exceeds  the  quantity  of  raw 
material supplied according to the rules laid down in this Article. 

Article 74 
Calculation of the compensation 

The  compensation  shall  be  paid  to  the  operators  carrying  out  activities  in  the  concerned 
regions and shall take into account: 

(a) 

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

(b) 

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

Article 75 
Compensation plan 

1. 

2. 

The Member States concerned shall submit to the Commission a compensation plan 
for each region concerned including the list and quantities referred to in Article 73, 
the  level  of  compensation  referred  to  in  Article  74  and  the  competent  authority  as 
laid down in Article 99108. 

The  Commission  shall  be  empowered  to  adopt  delegated  acts  in  accordance  to 
Article 12750 in order to define the content of the compensation plan, including the 
criteria  for  the  calculation  of  the  additional  costs  resulting  from  the  specific 
handicaps of the regions concerned. 

CHAPTER VI 
Accompanying measures for the Common Fisheries Policy under 
shared management 

Article 76 
Geographical scope 

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

Article 77 
Specific Objectives 

Measures  under  this  Chapter  shall  support  the  implementation  of  Articles  37  and  46  of  the 
Regulation [on the CFP]. 

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Article 78 
Control and Enforcement 

1. 

The  EMFF  may  support  the  implementation  of  a  Union  control,  inspection  and 
enforcement system as provided for in Article 46 of the [Regulation on the Common 
Fisheries  Policy]  and  specified  in  Council  Regulation  (EC)  No  1224/2009  of  20 
November  2009  establishing  a  Union  control  system  for  ensuring  compliance  with 
the rules of the Common Fisheries Policy (34). 

2. 

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

(a)  purchase  or  development  of  technology,  including  hardware  and  software, 
vessel detection systems (VDS), CCTV systems and IT networks enabling the 
gathering,  administration,  validation,  analysis  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)  purchase  and  installation  of  the  components  necessary  to  ensure  data 
transmission  from  actors  involved  in  fishing  and  the  marketing  of  fishery 
products  to  the  relevant  Member  State  and  EU  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)  purchase and installation of the components necessary to ensure traceability of 
fishery  and  aquaculture  products,  as  defined  in  Article.  58  of  Council 
Regulation (EC) No 1224/2009; 

(d) 

implementation of programs aiming at exchanging and analysing data between 
Member States; 

(e)  modernisation  and  purchase  of  patrol  vessels,  aircrafts  and  helicopters, 

provided they are used at least 60% of the time for fisheries control; 

(f) 

(g) 

(h) 

(i) 

(j) 

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

implementation  of  pilot  projects  related  to  fisheries  control,  including  fish 
DNA analysis or the development of web-sites related to control; 

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

cost/benefit analysis as well as assessment of audits performed and expenditure 
incurred  by  competent  authorities  in  carrying  out  monitoring,  control  and 
surveillance; 

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

34 

OJ L 343, 22.12.2009, p. 1 

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3. 

4. 

1. 

The measures listed in points (h), (i) and (j) of paragraph 2 of this Article shall only 
be  eligible  for  support  if  they  relate  to  control  activities  carried  out  by  a  public 
authority. 

In case of the measures listed in points (d) and (h) of paragraph 2 of this Article, only 
one of the Member States involved shall be designated as paying agency managing 
authority. 

Article 79 
Data Collection 

The  EMFF  shall  support  the  collection  and  management  and  use  of  primary 
biological,  technical,  environmental  and  socioeconomic  data  as  in  the  multiannual 
Union  programme  referred  to  in  Article  37(5)  of  the  [Regulation  on  the  Common 
Fisheries Policy]. 

2. 

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

(a) 

the management and use of data for the purpose of scientific analysis and CFP 
implementation; 

(b)  national multi-annual sampling programmes; 

(c) 

(d) 

(e) 

at-sea monitoring of commercial and recreational fisheries; 

research surveys-at-sea; 

the  participation  of  Member  States'  representatives  in  regional  coordination 
meetings  as  referred  to  in  Article  37(4)  of  the  [Regulation  on  the  Common 
Fisheries Policy], meetings of regional fisheries management organisations of 
which  the  EU  is  a  contracting  partner  or  an  observer  or  meetings  of 
international bodies in charge of providing scientific advice. 

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TITLE VI 
MEASURES FINANCED UNDER DIRECT 
MANAGEMENT 

CHAPTER I 
Integrated Maritime Policy 

Article 80 
Geographical scope 

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

Article 81 
Scope and objectives 

Support  under  this  Chapter  shall  contribute  to  the  development  and  implementation  of  the 
Union's Integrated Maritime Policy. It shall: 

(a) 

foster the development and implementation of integrated governance of maritime and 
coastal  affairs  at  local,  regional,  national,  sea  basin,  EU  and  international  level,  in 
particular by: 

(i) 

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

(ii)  promoting  dialogue  and  cooperation  with  and  among  Member  States  and 
stakeholders on marine and maritime issues, including by developing sea-basin 
strategies; 

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

(iv)  promoting  the  exchange  of  best  practices  and  dialogue  at  international  level, 
including  bilateral  dialogue  with  third  countries  without  prejudice  to  other 
agreements  or  arrangements  which  may  exist  between  the  EU  and  the  third 
countries concerned; 

(v) 

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. 

(b) 

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: 

(i) 

integrated  maritime  surveillance  to  enhance  effectiveness  and  efficiency 
through  information  exchange  across  sectors  and  borders  while  taking  due 
account of existing and future systems; 

(ii)  maritime spatial planning and integrated coastal zone management; 

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(c) 

(d) 

(iii) 

the progressive development of a comprehensive and publicly accessible high 
quality  marine  knowledge  base  which  shall  facilitate  sharing,  re-use  and 
dissemination of these data and knowledge among various user groups. 

Supporting  sustainable  economic  growth,  employment, 
innovation  and  new 
technologies within emerging and prospective maritime sectors in coastal regions, in 
complementarity with established sectoral and national activities. 

promoting 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 particular in the 
framework of the Marine Strategy Framework Directive. 

Article 82 
Eligible operations 

1. 

The  EMFF  may  support  operations  in  accordance  with  the  objectives  set  out  in 
Article 81, such as: 

(a) 

studies; 

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

(c)  public information and sharing best practice, awareness raising compaigns and 
associated  communication  and  dissemination  activities  such  as  publicity 
campaigns, events, the development and maintenance of websites, stakeholder 
platforms, including corporate communication of the political priorities of the 
Union as far as they are related to the general objectives of this Regulation; 

(d) 

(e) 

(f) 

conferences, seminars and workshops; 

exchange  of  best  practices,  coordination  activities  including  information 
sharing networks and steering mechanisms for sea-basin strategies; 

the  development,  operation  and  maintenance  of  IT-systems  and  networks 
enabling  the  gathering,  administration,  validation,  analysis  and  exchange  of, 
and the development of sampling methods for, data related to fisheries, as well 
as interconnection to cross-sectoral data exchange systems; 

2. 

In order to achieve the specific objective of developing cross-sectoral operations set 
out in Article 81 b), the EMFF may support: 

(a) 

(b) 

the development and implementation of technical tools for integrated maritime 
surveillance,  in  particular  for  supporting  the  deployment,  operation  and 
maintenance  of  a  decentralised  system  for  exchange  of  information  in  the 
maritime  domain  (CISE)  ,  in  particular  by  interconnecting  existing  or  future 
systems; 

activities  of  coordination  and  cooperation  among  Member  States  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  aiming  at  building  capacity  for  Member  States  to 
implement maritime spatial planning; 

(c) 

the  technical  tools  for  setting  up  and  running  of  an  operational  European 
Marine  Observation  and  Data  Network  aiming  to  facilitate  the  collection, 

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assembling,  quality  control,  re-use  and  distribution  of  marine  data  through 
cooperation between the Member states institutions involved in the network. 

CHAPTER II 
Accompanying measures for the Common Fisheries Policy and the 
Integrated Maritime Policy under direct management 

Article 83 
Geographical scope 

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

Article 84 
Specific Objectives 

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

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

1. 

scientific advice under CFP; 

specific control and enforcement measures under CFP; 

voluntary contributions to international organisations; 

Advisory Councils; 

market intelligence; 

Common Fisheries Policy and Integrated Maritime Policy communication activities. 

Article 85 
Scientific Advice and knowledge 

The EMFF may support the provision of scientific deliverables, particularly applied-
research projects directly linked to the provision of scientific 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) 

(b) 

(c) 

(d) 

studies  and  pilot  projects  needed  for  the  implementation  and  development  of 
the  CFP,  including  on  alternative  types  of  sustainable  fishing  management 
techniques; 

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

the participation of experts in the meetings on fisheries scientific and technical 
issues  and  expert  working  groups  as  well  as  in  international  advisory  bodies 
and in meetings where contribution of fisheries experts will be required; 

expenditure  incurred  by  the  Commission  for  services  related  to  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 

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datasets,  to  the  preparatory  work  aiming  at  delivering  scientific  opinions  and 
advice; 

(e) 

cooperation  activities  between  the  Member  States  in  the  field  of  data 
collection,  including  the  setting-up  and  running  of  regionalized  databases  for 
storage,  management  and  use  of  data  which  will  benefit  regional  cooperation 
and improve data collection and management activities as well as the scientific 
expertise in support of fisheries management. 

Article 86 
Control and enforcement 

1. 

The  EMFF  may  support  the  implementation  of  a  Union  control,  inspection  and 
enforcement  system  as  stipulated  in  Article  46  of  [Regulation  on  the  Common 
Fisheries  Policy]  and  specified  in  Council  Regulation  (EC)  No  1224/2009  of  20 
November  2009  establishing  a  Union  control  system  for  ensuring  compliance  with 
the rules of the Common Fisheries Policy. 

2. 

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

(a) 

(b) 

(c) 

joint  purchase  by  several  Member  States  belonging  to  the  same  geographical 
area, of patrol vessels, aircrafts and helicopters, provided they are used at least 
60% of the time for fisheries control; 

expenditure  relating  to  the  assessment  and  development  of  new  control 
technologies; 

all operational expenditure related to inspection, by Commission inspectors, of 
the  implementation  of  the  CFP  by  the  Member  States,  and  in  particular 
inspection  missions,  safety  equipment  and 
the 
organization of or participation at meetings and the charter or purchase by the 
Commission of inspection means as specified in Title X of Council Regulation 
(EC) No 1224/2009 of 20 November 2009. 

training  of 

inspectors, 

3. 

In  case  of  the  measure  listed  in  point  (a)  of  paragraph  2,  only  one  of  the  Member 
States involved shall be designated as the beneficiary. 

Article 87 
Voluntary contributions to international organisations 

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

(a)  voluntary  funding  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; 

(b)  voluntary  financial  contributions 

international 
organisations or preparation of new international treaties which are of interest 
to the European Union; 

to  preparations  for  new 

(c)  voluntary  financial  contributions  to  work  or  programmes  carried  out  by 
international organisations which are of special interest to the European Union; 

(d) 

financial  contributions  to  any  activity  (including  working,  informal  or 
extraordinary  meetings  of  contracting  parties)  which  upholds  the  interests  of 
the European Union in international organisations and strengthens cooperation 

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with its partners in these organisations. In this connection, when the presence 
of  representatives  of  third  countries  in  negotiations  and  meetings  within 
international  forums  and  organisations  becomes  necessary  for  the  European 
Union interests, the EMFF shall bear the costs of their participation. 

Article 88 
Advisory Councils 

1. 

2. 

The EMFF may support operating costs of the Advisory Councils as set up by Article 
52 of [Regulation on Common Fisheries Policy]. 

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

Article 89 
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  49  of  [Regulation 
(EU) No on the common organisation of the markets in fishery and aquaculture products]. 

Article 90 
Common Fisheries Policy and Integrated Maritime Policy communication activities 

The EMFF may support: 

(a) 

(b) 

(c) 

(d) 

(e) 

costs  for  information  and  communication  activities  linked  to  the  Common 
Fisheries Policy and to the Integrated Maritime Policy, including: 

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

costs  for  preparation  and  organisation  of  events  and  meetings  to  inform  or 
collect the  views of the different  parties concerned by the Common Fisheries 
Policy and the Integrated Maritime Policy. 

travelling and accommodation costs of experts and stakeholder representatives 
invited by the Commission to meetings. 

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

CHAPTER III 
Technical assistance 

Article 91 
Technical assistance at the initiative of the Commission 

The EMFF may support, at the initiative of the Commission, subject to the ceiling of 1.1% of 
this fund: 

(a) 

the  measures  of  technical  assistance  specified  in  Article  51(1)  of  the  [Regulation 
(EU)  No  [...]  laying  down  Common  Provisions]  for  the  implementation  of  this 
Regulation ; 

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(b) 

(c) 

the implementation of sustainable fisheries agreements and the Union participation in 
regional fisheries management organisations; 

the  setting  up  of  a  European  network  of  FLAGs  aiming  at  capacity  building, 
disseminating  information,  exchanging  experience  and  best  practice  and  supporting 
cooperation  between  the  local  partnerships.  This  network  shall  cooperate  with  the 
networking and technical support bodies for local development set up by the EFRD, 
the  ESF  and  the  EAFRD  as  regards  their  local  development  activities  and 
transnational co-operation. 

Article 92 
Technical assistance at the initiative of the Member States 

1. 

The EMFF may support, at the initiative of a Member State, subject to a ceiling of 5 
% of the total amount of the operational programme: 

(a) 

(b) 

the  measures  of  technical  assistance  referred  to  in  Article  52(1)  of  the 
[Regulation (EU) No [...] laying down Common Provisions]; 

the  establishment  of  national  networks  aiming  at  disseminating  information, 
capacity  building,  exchanging  best  practice  and  supporting  cooperation 
between the FLAGs in their territory. 

Exceptionally,  and  in  duly  justified  circumstances,  the  threshold  referred  to  in 
paragraph 1 may be exceeded. 

Costs of certification body audit authorities shall not be eligible under paragraph 1. 

The  Commission  shall  be  empowered  to  adopt  delegated  acts  in  accordance  with 
Article 12750 concerning the definition of the activities to be carried out by national 
networks mentioned in paragraph 1. 

2. 

3. 

4. 

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TITLE VII 
IMPLEMENTATION UNDER SHARED 
MANAGEMENT 

CHAPTER I 
General provisions 

Article 93 
Scope 

This Title shall apply to measures financed under shared management as set out in Title V 

CHAPTER II 
Delivery mechanism 

SECTION 1 
SUPPORT FROM THE EMFF 

Article 94 
Determination of co-financing rates 

1. 

2. 

The decision of the Commission approving the operational programme shall set the 
maximum EMFF contribution to that programme. 

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 
each of the objectives defined under the Union priorities for EMFF, as referred to in 
Article 6. The maximum EMFF contribution rate shall be 75% of the eligible public 
expenditure. 

The minimum EMFF contribution rate shall be 20%. 

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 70; 

(b)  100 % of the eligible public expenditure for the compensation regime referred 

to in Article 73; 

(c)  50  %  of  the  eligible  public  expenditure  for  the  support  referred  to  in  Article 

78(2)(e); 

(d)  80  %  of  the  eligible  public  expenditure  for  the  support  referred  to  in  Article 

78(2)(a) to (d) and (f) to (j); 

(e)  65 % of the eligible expenditure for the support referred to in Article 79. 

4. 

By way of derogation from paragraph 2, the maximum EMFF contribution rate 
applicable  to  the  objectives  under  a  Union  priority  shall  be  increased  by  ten 

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1. 

2. 

3. 

4. 

5. 

6. 

1. 

percentage points, where the whole of the Union priority set out in paragraph 1 
of Article 6 is delivered through community-led local development. 

Article 95 
Intensity of public aid 

Member  States  shall  apply  a  maximum  intensity  of  public  aid  of  50%  of  the  total 
eligible expenditure of the operation. 

By way of derogation from paragraph  1,  Member States shall apply an  intensity of 
public aid of 100% of the eligible public expenditure of the operation where: 

(a) 

(b) 

(c) 

(d) 

the beneficiary is a public law body; 

the operation is related to the storage aid referred to in Article 70; 

the operation is related to the compensation regime referred to in Article 73; 

the operation is related to the data collection referred to in Article 79. 

By  way  of  derogation  from  paragraph  1,  Member  States  may  apply  an  intensity  of 
public  aid between  50%  and maximum100%  of the total eligible expenditure when 
the  operation  is  implemented  under  Chapter  III  of  Title  V  and  fulfils  one  of  the 
following criteria: 

(a) 

(b) 

collective interest; 

collective beneficiary; 

(c)  public access to the results of the operation; 

(d) 

innovative features of the project at local level. 

By  way  of  derogation  from  paragraph  1,  additional  percentage  points  of  public  aid 
intensity as set out in Annex I shall apply. 

The minimum intensity of public aid shall be 20 % of the total eligible expenditure of 
the operation. 

The  Commission  shall  establish  by  means  of  implementing  acts  adopted  in 
accordance with the examination procedure referred to in Article 12851(3) how the 
different  percentage  points  of  public  aid  intensity  shall  apply  in  the  case  where 
several conditions of Annex I are fulfilled. 

SECTION 2 
FINANCIAL MANAGEMENT AND USE OF THE EURO 

Article 96 
Pre-financing arrangements 

In  addition  to  the  general  rules  of  Article  72  of  [Regulation  (EU)  No  [...]  laying 
down  Common  Provisions],  and  following  the  Commission  decision  approving  the 
operational programme, an initial pre-financing amount for the whole programming 
period shall be paid by the Commission. This shall represent 4% of the contribution 
from the Union budget to the operational programme concerned. It may be split into 
two instalments depending on budget availability. 

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2. 

Interest generated on the pre-financing shall be posted to the operational programme 
concerned and deducted from the amount of public expenditure indicated on the final 
declaration of expenditure. 

Article 97 
Accounting year 

The  accounting  year  shall  cover  expenditure  paid  and  revenue  received  and  entered  in  the 
accounts of the EMFF budget by the paying agency in respect of the year «N» beginning on 
16 October of year «N-1» and ending on 15 October of year «N». 

1. 

2. 

3. 

4. 

5. 

6. 

Article 98 
Interim payments 

Interim  payments  shall  be  made  for  each  operational  programme.  They  shall  be 
calculated by applying the co-financing rate for each Union priority to the certified 
public expenditure pertaining to it. 

Subject  to  resource  availability,  the  Commission  shall  make  intermediate  payments 
in  order  to  reimburse  the  expenditure  incurred  by  accredited  paying  agencies  in 
implementing the programmes. 

Each  interim  payment  shall  be  made  subject  to  compliance  with  the  following 
requirements: 

(a) 

transmission to the Commission of a declaration of expenditure signed by the 
accredited paying agency, in accordance with Article 124(1)(c); 

(b)  no overrun of the total EMFF contribution to each Union priority for the entire 

period covered by the programme concerned; 

(c) 

transmission  to  the  Commission  of  the  last  annual  progress  report  on  the 
implementation of the operational programme. 

If one of the requirements laid down in paragraph 3 is not met, the Commission shall 
forthwith inform the accredited paying agency. If one of the requirement laid down 
in point (a) or (c) of paragraph 3 is not met, the declaration of expenditure shall be 
inadmissible. 

The  Commission  shall  make  interim  payments  within  45  days  of  registering  a 
declaration of expenditure for which the requirements set out in paragraph 3 are met, 
without prejudice to Articles 123 and 127. 

Accredited paying agencies shall establish and forward intermediate declarations of 
expenditure  relating  to  operational  programmes  to  the  Commission,  within  the 
periods  set  by  the  Commission  by  means  of  implementing  acts  adopted  in 
accordance with the advisory procedure referred to in Article 151(2). 

Intermediate declarations of expenditure in respect of expenditure incurred from 16 
October onwards shall be booked to the budget of the following year. 

Article 99 
Payment of the balance and closure of the programme 

1. 

After  receiving  the  last  annual  progress  report  on  the  implementation  of  an 
operational  programme,  the  Commission  shall  pay  the  balance,  subject  to  resource 

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availability, on the basis of the financial plan in force, the annual accounts for the last 
execution  year  for  the  relevant  operational  programme  and  of  the  corresponding 
clearance  decision.  Those  accounts  shall  be  presented  to  the  Commission  no  later 
than  6  months  after  the  final  eligibility  date  of  expenditure  and  shall  cover  the 
expenditure  incurred  by  the  paying  agency  up  to  the  last  eligibility  date  of 
expenditure. 

The  balance  shall  be  paid  not  later  than  six  months  after  the  information  and 
documents referred to in paragraph 1 are considered receivable by the Commission 
and the last annual account has been cleared. The amounts still committed after the 
balance  is  paid  shall  be  decommitted  by  the  Commission  within  a  period  of  six 
months, without prejudice to Article 100. 

If by the time limit set out in paragraph 1 the Commission has not been sent the last 
annual progress report and the documents needed for clearance of the accounts of the 
last  execution  year  for  the  programme,  the  balance  shall  be  decommitted  in 
accordance with Article 100. 

2. 

3. 

Article 100 
Decommitment 

The  Commission  shall  decommit  any  portion  of  a  budget  commitment  for  an  operational 
programme  that  has  not  been  used  for  the  purpose  of  pre-financing  or  making  interim 
payments or for which no declaration of expenditure fulfilling the requirements laid down in 
Article 98(3) has been presented to it in relation to expenditure incurred by 31 December of 
the second year following that of the budget commitment. 

Article 101 
Use of the Euro 

1. 

2. 

3. 

4. 

The amounts set out in the operational programme submitted by the Member State, 
certified  statements  of  expenditure,  applications  for  payment  and  expenditure 
referred to in the annual and final reports of implementation shall be denominated in 
euro. 

Member States which have not adopted the euro as their currency on the date of an 
application for payment shall convert into euro the amounts of expenditure incurred 
in national currency. 

Those amounts shall be converted in euro using the monthly accounting rate of the 
Commission  in  the  month  during  which  the  expenditure  was  registered  in  the 
accounts  of  the  paying  agency  of  the  operational  programme  concerned.  This  rate 
shall be published electronically by the Commission each month. 

The  amounts  recovered  in  national  currency  by  Member  States  which  have  not 
adopted the euro as their currency on the date of the recovery shall be converted into 
euro using the exchange rate referred to in paragraph 2. 

When the euro becomes the currency of a Member State, the conversion procedure 
set out in the paragraph 3 shall continue to apply to all expenditure recorded in the 
accounts  by  the  paying  agency  before  the  date  of  entry  into  force  of  the  fixed 
conversion rate between the national currency and the euro. 

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SECTION 23 
ELIGIBILITY OF EXPENDITURE AND DURABILITY 

Article 96102 
Eligible expenditure 

1. 

2. 

3. 

In addition to the general rules set out in Article 55(1) of [Regulation (EU) No [...] 
laying down Common Provisions], payments by beneficiaries shall be supported by 
invoices and documents proving payment. 

Only  indirect  costs  under  Chapter  III  of  Title  V  shall  be  eligible  for  EMFF 
contribution. 

By way of derogation from Article 55(7)  of [Regulation (EU) No [...] laying down 
Common Provisions], expenditure which becomes eligible because of an amendment 
of the programme under Article 22(2) of this regulation shall only be eligible as of 
1st January of the year following the submission of the amendment by the Member 
State to the Commission in accordance with Article 24(1). 

Article 97103 
Calculation of simplified costs, additional costs or income foregone 

Where  aid  is  granted  on  the  basis  of  simplified  costs,  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. 

Article 104 
Advances 

1. 

2. 

3. 

4. 

1. 

2. 

Payment of advances shall be subject to the establishment of a bank guarantee or an 
equivalent guarantee corresponding to 100% of the amount of the advance. 

In  case  of  public  beneficiaries,  advances  shall  be  paid  to  municipalities,  regional 
authorities and associations thereof, and to public law bodies. 

A  facility  provided  as  a  guarantee  by  a  public  authority  shall  be  considered 
equivalent  to  the  guarantee  referred  to  in  paragraph  1,  provided  that  the  authority 
undertakes to pay the amount covered by that guarantee, if entitlement to the advance 
paid is not established. 

The  guarantee  may  be  released  when  the  competent  paying  agency  establishes  that 
the amount of actual expenditure corresponding to the public contribution related to 
the operation exceeds the amount of the advance. 

Article 98105 
Durability of the criteria for admissibility of the operation 

The beneficiary shall continue to comply with the admissibility conditions referred to 
in  Article  12(1),  after  submitting  the  application  and  during  the  whole  period  of 
implementation  of  the  operation  and,  for  certain  types  of  operation,  also  for  an 
identified period of time after the last payment. 

The  Commission  shall  be  empowered  to  adopt  delegated  acts  in  accordance  with 
Article 12750 concerning the identification: 

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(a)  of types of operation for which the admissibility conditions should be complied 

with after the last payment and 

(b)  of the period of time referred to in paragraph 1. 

The Commission shall exercise the empowerment in full respect of the principle of 
proportionality  and  taking  into  account  the  risk  that  the  non-compliance  with  the 
respective  CFP  rules  constitutes  a  serious  threats  to  the  sustainable  exploitation  of 
living  marine  biological  resources  that  restores  and  maintains  populations  of 
harvested species above levels which can produce the MSY, the sustainability of the 
stocks concerned or the conservation of the marine environment. 

CHAPTER III 
Management and control systems 

Article 106 
Responsibilities of Member States 

Member  States  shall  ensure  that  a  management  and  control  system  has  been  set  up  for  the 
operational  programme  ensuring  a  clear  allocation  and  separation  of  functions  between  the 
managing  authority,  the  paying  agency  and  the  certification  body.  Member  States  shall  be 
responsible  for  ensuring  that  the  system  functions  effectively  throughout  the  programme 
period. 

Article 107 
Competent authorities 

1. 

Member  States  shall  designate,  for  the  operational  programme,  the  following 
authorities: 

2. 

1. 

(a) 

(b) 

(c) 

the  managing  authority,  which  may  be  either  a  public  or  private  law  body 
acting at national or regional level, or the Member State itself when it carries 
out that task, to be in charge of the management of the programme concerned; 

the accredited paying agency within the meaning of Article 109; 

the certification body within the meaning of Article 112. 

Member  States  shall  clearly  define  the  tasks  of  the  managing  authority,  the  paying 
agency and, under sustainable local development, the local action groups referred to 
in Article 62 with regard to the application of eligibility and selection criteria and the 
project selection procedure. 

Article 99108 
Managing authority 

In  addition  to  the  general  rules  set  out  in  Article  114  of  [Regulation  (EU)  No 
[…] laying down Common Provisions] the managing authority shall be responsible 
for managing and implementing the programme in an efficient, effective and correct 
way, and in particular for: 

(a) 

ensuring  that  there  is  an  appropriate  secure  electronic  system  to  record, 
maintain, manage and report statistical information on the  programme and  its 
implementation required for the purposes of monitoring and evaluation and, in 

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particular,  information  required  to  monitor  progress  towards  the  defined 
objectives and Union priorities; 

(ab)  providinge the Commission, on a quarterly biannual basis, with relevant data 
on  operations  selected  for  funding,  including  key  characteristics  of  the 
beneficiary  and  the  operation  itself;.  The  Commission  shall  lay  down,  by 
means  of  implementing  act,  rules  for  the  presentation  of  these  data  in 
accordance with the advisory procedure reffered to in Article 12851(2). 

(c) 

ensuring that beneficiaries and other bodies involved in the implementation of 
the operations: 

(d) 

(e) 

(i) 

are  informed  of  their  obligations  resulting  from  the  aid  granted,  and 
maintain either a separate  accounting system or an adequate accounting 
code for all transactions relating to the operation; 

(ii) 

are  aware  of  the  requirements  concerning  the  provision  of  data  to  the 
managing authority and the recording of outputs and results; 

ensuring  that  the  ex  ante  evaluation  referred  to  in  Article  48  of  [Regulation 
(EU) No [...] laying down Common Provisions] conforms to the evaluation and 
monitoring system referred to in Article 131 and accepting and submitting this 
evaluation to the Commission; 

ensuring that the evaluation plan referred to in Article 49 of [Regulation (EU) 
No  [...]  laying  down  Common  Provisions]  is  in  place,  that  the  ex  post 
evaluation  referred  to  in  Article  140  is  conducted  within  the  time  limits  laid 
down  in  the  aforementioned  Article,  ensuring  that  such  evaluations  are  in 
conformity  with  the  monitoring  and  evaluation  system  referred  to  in  Article 
131  and  submitting  them  to  the  Monitoring  Committee  referred  to  in  Article 
136 and the Commission; 

(f) 

providing  the  monitoring  committee  referred  to  in  Article  136  with  the 
information  and  documents  needed  to  monitor  the  implementation  of  the 
programme in the light of its specific objectives and priorities; 

(g)  drawing  up  the  annual  implementation  report  referred  to  in  Article  138 
including  aggregate  monitoring  tables,  and,  after  approval  by  the  monitoring 
committee referred to in Article 136, submitting this report to the Commission; 

(h) 

ensuring  that  the  paying  agency  receives  all  necessary  information,  in 
particular on the procedures operated and any controls carried out in relation to 
operations selected for funding, before payments are authorised; 

(bi)  ensuringe  publicity  for  the  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 
the 
organisations  concerned, 
possibilities  offered  by  the  programme  and  the  rules  for  gaining  access  to 
programme funding; 

including  environmental  organisations,  of 

(cj)  as well asensure publicity for the programme by informing beneficiaries of 
the Union contribution and the general public on the role played by the Union 
in the programme. 

2. 

The  Member  State  or  the  managing  authority  may  designate  one  or  more 
intermediate  bodies  including  regional  or  local  authorities,  or  non-governmental 

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2. 

3. 

1. 

2. 

3. 

4. 

5. 

organisations,  to  carry  out  the  management  or  implementation  of  operations  under 
the operational programme. 

The  Commission  shall  lay  down,  by  means  of  implementing  act,  rules  for  the 
presentation  of  these  data  in  accordance  with  the  advisory  procedure  referred 
to in Article 128(2). 

When a part of  its tasks is  delegated  to  another body, the  managing  authority  shall 
retain  full  responsibility  for  the  efficiency  and  correctness  of  management  and 
implementation of those tasks. The managing authority shall ensure that appropriate 
provisions  are  in  place  to  allow  the  other  body  to  obtain  all  necessary  data  and 
information for execution of those tasks. 

Article 109 
Accreditation and withdrawal of accreditation of paying agency 

The  paying  agency  shall  be  a  dedicated  department  or  body  of  the  Member  States 
responsible  for  the  management  and  control  of  expenditure.  With  the  exception  of 
payment, the execution of those tasks may be delegated. 

Member States shall accredit as paying agencies departments or bodies which fulfil 
the  accreditation  criteria  to  be  laid  down  by  the  Commission  pursuant  to  Article 
111(2). 

The person in charge of the accredited paying agency shall draw up the information 
listed  in  Article  75(1)(a),  (b)  and  (c)  of  the  [Regulation  (EU)  No  [...]  laying  down 
Common Provisions]. 

Where an accredited paying agency does not meet or no longer meets one or more of 
the accreditation criteria referred to in paragraph 2, the Member State shall withdraw 
its  accreditation  unless  the  paying  agency  makes  the  necessary  changes  within  a 
period to be determined according to the severity of the problem. 

The  paying  agencies  shall  manage  and  ensure  control  of  the  operations  linked  to 
public  intervention  for  which  they  are  responsible  and  they  shall  retain  overall 
responsibility in that field. 

Article 110 
Payment in full to beneficiaries 

Save explicitly provided otherwise in the Union legislation, payments relating to the financing 
provided for in this Regulation shall be disbursed in full to the beneficiaries. 

Article 111 
Commission powers 

To ensure the sound operation of the system established in Article 106, the Commission shall 
be empowered to adopt delegated acts in accordance with Article 150 concerning: 

(a) 

(b) 

minimum  conditions  for  the  accreditation  of  paying  agencies  with  regard  to  the 
internal  environment,  control  activities,  information  and  communication,  and 
monitoring,  as  well  as  rules  on  the  procedure  for  issuing  and  withdrawing 
accreditation; 

rules relating to supervision and the procedure for reviewing accreditation of paying 
agencies; 

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(c) 

the  obligations  of  the  paying  agencies  as  regards  the  content  of  their  management 
and control responsibilities. 

Article 112 
Certification bodies 

1. 

2. 

The  certification  body  shall  be  a  public  or  private  audit  body  designated  by  the 
Member  State  which  shall  provide  an  opinion  on  the  management  declaration  of 
assurance covering the completeness, accuracy and veracity of the annual accounts of 
the paying agency, the proper functioning of its internal control system, the legality 
and regularity of the underlying transactions, as well as the respect of the principle of 
sound financial management. It shall  be operationally independent  from the paying 
agency  concerned,  the  managing  authority  and  the  authority  which  has  accredited 
that paying agency. 

The  Commission  shall  be  empowered  to  adopt  delegated  acts  in  accordance  with 
Article  150  laying  down  detailed  rules  on  status  of  the  certification  bodies,  the 
specific  tasks,  including  the  controls,  which  they  have  to  carry  out  as  well  as  the 
certificates and the reports, together with the documents accompanying them, to be 
drawn up by those bodies. 

Article 113 
Admissibility of payments made by the paying agencies 

The expenditure under shared management referred to Title V and under technical assistance 
referred to in Article 92 may be covered by Union financing only if it has been effected by 
accredited paying agencies. 

CHAPTER IV 
Control by Member States 

Article 114 
Responsibilities of the Member States 

1. 

Member  States  shall  adopt,  within  the  framework  of  the  EMFF,  all  legislative, 
regulatory  and  administrative  provisions  and  take  any  other  measures  necessary  to 
ensure effective protection of the financial interests of the Union, and in particular: 

(a) 

(b) 

(c) 

check the legality and regularity of operations financed including that the co-
financed  products  and  services  have  been  delivered  and  that  expenditure 
declared by the beneficiaries has been paid by them and that it complies with 
applicable  Union  and  national  law,  the  operational  programme  and  the 
conditions for support of the operation; 

ensure  that  beneficiaries  involved  in  the  implementation  of  operations 
reimbursed  on  the  basis  of  eligible  costs  actually  incurred  maintain  either  a 
separate accounting system or an adequate accounting code for all transactions 
relating to an operation; 

set up procedures to ensure that all documents regarding expenditure and audits 
required  to  ensure  an  adequate  audit  trail  are  held  in  accordance  with  the 
requirements  of  Article  62(g)  of  [Regulation  (EU)  No  [...]  laying  down 
Common Provisions]; 

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(d)  offer effective prevention against fraud, especially as regards the areas with a 
higher  level  of  risk,  and  which  shall  act  as  a  deterrent,  having  regard  to  the 
costs and benefits and to the proportionality of the measures; 

(e)  prevent, detect and correct irregularities and fraud; 

(f) 

(g) 

apply  the  required  financial  corrections  which  are  effective,  dissuasive  and 
proportionate in accordance with Union legislation or national law; 

recover  undue  payments  plus 
proceedings. 

interest  and 

if  necessary 

launch 

legal 

Member  States  shall  set  up  efficient  management  and  control  systems  in  order  to 
ensure compliance with this Regulation. 

In order to satisfy the obligations referred to in paragraph (1)(a) and (b), the systems 
set up by Member States shall include: 

(a) 

administrative  checks  in  respect  of  each  application  for  reimbursement  by 
beneficiaries; 

(b)  on-the-spot controls of operations. 

As  regards  the  on-the-spot  controls,  the  authority  responsible  shall  draw  its  control 
sample  from  the  entire  population  of  applicants  comprising,  where  appropriate,  a 
random part and a risk-based part in order to obtain a representative error rate, while 
targeting also highest errors. 

On-the-spot verifications of individual operations pursuant to paragraph (3)(b) may 
be carried out on a sample basis. 

Where  the  managing  authority  is  also  a  beneficiary  under  the  operational 
programme,  arrangements  for  the  verifications  referred  to  in  paragraph  1(a)  shall 
ensure adequate separation of functions. 

Member States shall inform the Commission of the provisions adopted and measures 
taken  under  paragraphs  1,  2,  3  and  5.  Any  conditions  which  the  Member  States 
establish  to  supplement  the  conditions  laid  down  in  this  Regulation  shall  be 
verifiable. 

The  Commission  may,  by  means  of  implementing  acts,  adopt  rules  aiming  at 
reaching a uniform application of paragraphs 1, 2, 3 and 4. Those implementing acts 
shall be adopted in accordance with the examination procedure referred to in Article 
151(3). 

The  Commission shall adopt delegated acts, in  accordance with Article 150, laying 
down rules concerning arrangements for the audit trail referred to in paragraph 1(c). 

Article 115 
Recovery of undue payments 

In the case of paragraph (1)(g) of Article 114, Member States shall recover amounts 
unduly  paid,  together  with  any  interest  on  late  payments.  They  shall  notify  those 
cases to the Commission and shall keep the Commission informed of the progress of 
the related administrative and legal proceedings. 

The  Commission  shall  be  empowered  to  adopt  delegated  acts  in  accordance  with 
Article  150  laying  down  detailed  rules  concerning  the  obligations  of  the  Member 
States specified in paragraph 1. 

2. 

3. 

4. 

5. 

6. 

7. 

8. 

1. 

2. 

EN 

74 

   EN 

Article 116 
Irregularities 

1. 

2. 

For  any  undue  payment  following  the  occurrence  of  irregularity  or  other  cases  of 
non-compliance,  Member  States  shall  request  recovery  from  the  beneficiary  within 
one  year  of  the  first  indication  that  such  an  irregularity  has  taken  place  and  shall 
record the corresponding amounts in the debtors' ledger of the paying agency. 

If recovery has not taken place within four years of the date of the recovery request, 
or  within  eight  years  where  recovery  is  taken  in  the  national  courts,  the  financial 
consequences  of  non-recovery  shall  be  borne  by  the  Member  State  concerned, 
without prejudice to the requirement that the Member State concerned must pursue 
recovery procedures in compliance with Article 115. 

Where,  in  the  context  of  the  recovery  procedure,  the  absence  of  any  irregularity  is 
recorded by an administrative or legal instrument of a definitive nature, the Member 
State concerned shall declare as expenditure to this fund the financial burden borne 
by it under the first subparagraph. 

3. 

On  duly  justified  grounds,  Member  States  may  decide  not  to  pursue  recovery.  A 
decision to this effect may be taken only in the following cases: 

(a) 

(b) 

if  the  costs  of  recovery  incurred  or  likely  to  be  incurred  sum  up  to  a  total 
amount exceeding the amount to be recovered, or 

if  recovery  proves  impossible  owing  to  the  insolvency,  recorded  and 
recognised under national law, of the debtor or the persons legally responsible 
for the irregularity. 

Where  the  decision  referred  to  in  the  first  subparagraph  of  this  paragraph  is  taken 
before the outstanding amount has been subject to the rules referred to in paragraph 
2, the financial consequence of non-recovery is borne by the Union budget. 

Member States shall enter in the annual accounts to be sent to the Commission under 
Article  125(c)(iii)  the  amounts  to  be  borne  by  them  under  paragraph  2.  The 
Commission  shall  verify  and,  if  needed,  decide  to  modify  the  annual  accounts  by 
means of implementing act. 

The  Commission  may,  by  means  of  implementing  acts,  decide  to  exclude  from 
Union financing sums charged to the Union budget in the following cases: 

(a) 

(b) 

(c) 

if the Member State has not respected the time limits referred to in paragraph 1; 

if it considers that the decision not to pursue recovery taken by a Member State 
pursuant to paragraph 3 is not justified; 

if  it  considers  that  the  irregularity  or  lack  of  recovery  is  the  outcome  of 
irregularity  or  negligence  attributable  to  the  administrative  authorities  or  any 
other official body of the Member State. 

Before  adopting  any  decision  by  means  of  implementing  acts  mentioned  in  this 
Article, the procedure laid down in Article 129(6) shall apply. 

Article 10017 
Financial corrections by Member States 

The Member State shall in the first instance bear the responsibility for investigating 
irregularities  or  other  cases  of  non  compliance,  making  the  financial  corrections 

4. 

5. 

6. 

1. 

EN 

75 

   EN 

2. 

3. 

4. 

4. 

5. 

required  and  for  pursuing  recoveries.  In  the  case  of  a  systemic  irregularity,  the 
Member  State  shall  extend  its  investigation  to  cover  all  operations  potentially 
affected. 

The Member State shall make the financial corrections required in connection with 
individual  or  systemic  irregularities  or  other  cases  of  non  compliance  detected  in 
operations or the operational programme. The corrections made by the Member State 
shall consist of cancelling all or part of the public contribution to an operation or the 
operational  programme.  The  Member  State  shall  take  into  account  the  nature  and 
gravity  of  the  irregularities  and  the  financial  loss  to  the  EMFF  and  shall  apply  a 
proportionate  correction.  Financial  corrections  shall  be  recorded  in  the  annual 
accounts by the paying agency for the accounting year in which the cancellation is 
decided. 

In  addition  to  Article  135  of  [Regulation  (EU)  No  [...]  laying  down  Common 
Provisions], the Member States shall in the first instance be responsible also for 
investigating  the  cases  of  non-compliance  with  rules  applicable  under  the 
Common Fisheries Policy. 

Ffor the cases of financial corrections applied on expenditure directly linked to the 
non-compliance with Article 98105, the Member States shall decide the amount of a 
correction taking into account the gravity of the non compliance by the beneficiary 
with CFP rules, the economic advantage derived from the non-compliance with CFP 
rules  or  the  importance  of  the  EMFF  contribution  to  the  economic  activity  of  the 
beneficiary. 

The contribution from the EMFF cancelled in accordance with paragraph 1 may be 
re-used within the operational programme, subject to paragraph 5. 

The  contribution  cancelled  in  accordance  with  paragraph  2  may  not  be  re-used  for 
the  operation  or  operations  that  were  the  subject  of  the  correction,  or,  where  a 
financial  correction  is  made  for  a  systemic  irregularity  or  other  cases  of  non 
compliance, for any operations within affected by the systematic irregularity or other 
cases of non compliance. 

CHAPTER V 
Control by the Commission 

SECTION 1 
INTERRUPTION AND SUSPENSION 

Article 10118 
Interruption of the payment deadline 

In  addition  to  the  elements  allowing  for  interruption  listed  in  Article  74(1)(a)  to  (c)  of 
[Regulation  (EU)  No  [...]  laying  down  Common  Provisions],  the  authorising  officer  by 
delegation  within  the  meaning  of  the  [Financial  Regulation]  may  interrupt  the  payment 
deadline  for  an  interim  payment  claim  for  a  maximum  period  of  nine  months  if  the 
Commission has adopted a decision by means  of implementing act recognising that there is 
evidence to suggest that there is a case of non compliance by a Member State with obligations 
under the Common Fisheries Policy which shall be liable to affect the expenditure contained 
in a certified statement of expenditure for which the interim payment is requested;. 

EN 

76 

   EN 

Article 10219 
Suspension of payments 

1. 

In  addition  to  Article  134  of  [Regulation  (EU)  No  [...]  laying  down  Common 
Provisions], the Commission may suspend, by means of an implementing act, all or 
part of the interim payments of the operational programme where : 

(a) 

(b) 

(c) 

(d) 

(e) 

there  is  a  serious  deficiency  in  the  management  and  control  system  of  the 
operational programme for which corrective measures have not been taken; 

expenditure  in  a  certified  statement  of  expenditure  is  linked  to  a  serious 
irregularity or other case of non compliance which has not been corrected; 

the  Member  State  has  failed  to  take  the  necessary  action  to  remedy  the 
situation giving rise to an interruption under Article 118; 

there  is  a  serious  deficiency  in  the  quality  and  reliability  of  the  monitoring 
system; 

the  Commission  has  adopted  a  decision  by  means  of  an  implementing  act 
recognising that a Member State has failed to comply with its obligations under 
the Common Fisheries Policy. Such non compliance shall be liable to affect the 
expenditure  contained  in  a  certified  statement  of  expenditure  for  which  the 
interim payment is requested;. 

(e) 

the  conditions  referred  to  in  Articles  17(5)  and  20(3)  of  the  Regulation  [on 
Common Provisions] are fulfilled. 

The Commission may decide, by means of implementing act, to suspend all or part 
of interim payments after having given the Member State the opportunity to present 
its observations within a period of two months. The Commission may lay down, by 
means of implementing acts adopted in accordance with the examination procedure 
referred to in Article 12851(3), detailed rules on the part of the payments which may 
be suspended. These amounts of those payments shall be proportionate to the nature 
and  importance  of  the  deficiency,  irregularity  or  non-compliance  by  the  Member 
State. 

The Commission shall decide by means of implementing act to end the suspension of 
all  or  part  of  interim  payments  where  the  Member  State  has  taken  the  necessary 
measures to enable the suspension to be lifted. Where such measures are not taken by 
the  Member  State,  the  Commission  may  adopt  by  means  of  implementing  act  a 
decision  to  apply  financial  corrections  by  cancelling  all  or  part  of  the  Union 
contribution  to  the  operational  programme  in  accordance  with  Article  128  and  in 
accordance with the procedure described in Article129. 

Article 10320 
Commission powers 

The  Commission  shall  be  empowered  to  adopt  delegated  acts  in  accordance  with 
Article 12750 defining the cases of non compliance referred to in Article 10118 and 
10219(1)(e),  including  listing  the  relevant  the  provisions  of  the  CFP  which  are 
essential  to  the  conservation  of  marine  biological  resources.  Interruption  or 
suspension  resulting  from  these  cases  shall  be  proportionate  to  the  nature, 
extent, duration and repetition of the non-compliance. 

2. 

3. 

1. 

EN 

77 

   EN 

2. 

The  Commission  may  lay  down,  by  means  of  implementing  acts,  detailed  rules  on 
the interruption and suspension procedure. Those implementing acts shall be adopted 
in accordance with the examination procedure referred to in Article 12851(3). 

SECTION 2 
CLEARANCE OF ACCOUNTSINFORMATION EXCHANGE AND FINANCIAL 
CORRECTIONS 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

Article 121 
On-the-spot controls by the Commission 

Without prejudice to the controls carried out by Member States under national laws, 
regulations and administrative provisions or Article 287 of the Treaty, and any check 
organised under Article 322 of the Treaty, the Commission may organise on-the-spot 
controls in Member States with a view to verifying in particular: 

(a) 

(b) 

(c) 

compliance of administrative practices with Union rules; 

the existence of the requisite supporting documents and their correlation with 
the operations financed by the EMFF; 

the terms on which the operations financed by the EMFF have been undertaken 
and controlled. 

Persons  delegated  by  the  Commission  to  carry  out  on-the-spot  controls  or 
Commission agents acting within the scope of the powers conferred upon them shall 
have access to the books and all other documents, including documents and metadata 
drawn up or received and recorded on an electronic medium, relating to expenditure 
financed by the EMFF. 

The  powers  to  carry  out  on-the-spot  controls  shall  not  affect  the  application  of 
national  provisions  which  reserve  certain  acts  for  agents  specifically  designated  by 
national  legislation.  Persons  delegated  by  the  Commission  shall  not  take  part,  inter 
alia, in home visits or the formal questioning of persons on the basis of legislation of 
the  Member  State  concerned.  However,  they  shall  have  access  to  information  thus 
obtained. 

The  Commission  shall  give  sufficient  prior  notice  of  an  on-the-spot  control  to  the 
Member State concerned or the Member State within whose territory the control is to 
take place. Agents from the Member State concerned may take part in such controls. 

At  the  request  of  the  Commission  and  with  the  agreement  of  the  Member  State 
concerned,  additional  controls  or  inquiries  into  the  operations  covered  by  this 
Regulation  shall  be  undertaken  by  the  competent  bodies  of  that  Member  State. 
Commission agents or persons delegated by the Commission may take part in such 
controls. 

In  order  to  improve  controls,  the  Commission  may,  with  the  agreement  of  the 
Member States concerned, request the assistance of the authorities of those Member 
States for certain controls or inquiries. 

The Commission may, by means of implementing acts, adopted in accordance with 
the  advisory  procedure  referred  to  in  Article  151(2),  lay  down  rules  regarding  the 
procedures to comply with when additional controls referred to in paragraphs 5 and 6 
are carried out. 

EN 

78 

   EN 

Article 10422 
Access to information 

1. 

Member States shall make available to the Commission all information necessary for 
the  smooth  operation  of  the  EMFF  and  shall  take  all  appropriate  measures  to 
facilitate  the  controls  which  the  Commission  deems  appropriate  in  connection  with 
the management of Union financing, including on-the-spot controls. 

2. 
On request by the Commission Member States shall communicate to the Commission 
their  laws,  regulations  and  administrative  provisions  which  they  have  adopted  for 
implementing the Union acts relating to the Common Fisheries Policy, where those acts have 
a financial impact on the EMFF. 

3. 

Member  States  shall  make  available  to  the  Commission  all  information  about 
irregularities and suspected fraud cases detected, and about the steps taken to recover 
undue payments in connection with those irregularities and frauds pursuant to Article 
116. 

Article 123 
Access to documents 

The accredited paying agencies shall keep supporting documents relating to payments made 
and documents relating to the performance of the administrative and physical checks required 
by  Union  legislation,  and  shall  make  the  documents  and  information  available  to  the 
Commission. 

Where  those  documents  are  kept  by  an  authority  acting  under  delegation  from  a  paying 
agency  and  responsible  for  authorising  expenditure,  that  authority  shall  send  reports  to  the 
accredited paying agency on the number of checks made, their content and the measures taken 
in the light of their results. 

Article 124 
Clearance of accounts 

1. 

2. 

Prior to 30 April of the year following the budget year in question and on the basis of 
the information transmitted in accordance with Article 125(c), the Commission shall, 
by  means  of  implementing  acts,  decide  on  the  clearance  of  the  accounts  of  the 
accredited paying agencies. 

The  clearance  decision  referred  to  in  paragraph  1  shall  cover  the  completeness, 
accuracy  and  veracity  of  the  annual  accounts  submitted.  The  decision  shall  be 
adopted without prejudice to decisions adopted subsequently pursuant to Article 128. 

Article 125 
Communication of information 

Member  States  shall  send  to  the  Commission  the  following  information,  declarations  and 
documents: 

(a) 

for accredited paying agency: 

(i) 

its accreditation document; 

(ii) 

its function; 

(iii)  where relevant, the withdrawal of its accreditation, 

EN 

79 

   EN 

(b) 

for certification body: 

(i) 

its name; 

(ii) 

its address detail, 

(c) 

for measures relating to operations financed: 

(i) 

(ii) 

declarations of expenditure, which also act as payment requests, signed by the 
accredited paying agency and accompanied by the requisite information; 

an  update  of  estimated  declarations  of  expenditure  which  will  be  submitted 
during  the  year  and  estimated  declarations  of  expenditure  in  respect  of  the 
following financial year; 

(iii) 

the  management  declaration  of  assurance  and  the  annual  accounts  of  the 
accredited paying agencies; 

(iv)  a summary of the results of all available audits and checks carried out. 

Article 10526 
Confidentiality 

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 
clearance of accounts implemented under this Regulation. 

The principles mentioned in Article 8 of Council Regulation (Euratom, EC) No 2185/96 of 11 
November  1996  concerning  on-the-spot  controls  and  inspections  carried  out  by  the 
Commission  in  order  to  protect  the  European  Communities'  financial  interests  against  fraud 
and other irregularities35 shall apply to that information. 

Article 127 
Commission powers 

The Commission may, by means of implementing acts, adopt rules pertaining to: 

(a) 

the form, content, intervals, deadlines and  arrangements  for  transmitting  or  making 
available to the Commission: 

(i) 

declarations  of  expenditure  and  estimates  of  expenditure  and  their  updates, 
including assigned revenue; 

(ii)  management  declaration  of  assurance  and  annual  accounts  of  the  paying 

agencies, as well as the results of all available audits and controls carried out; 

(iii) 

the account certification reports; 

(iv) 

(v) 

the  names  and  particulars  of  accredited  paying  agencies  and  certification 
bodies; 

arrangements  for  taking  account  of  and  paying  expenditure  financed  by  the 
EMFF; 

(vi)  notifications  of  financial  adjustments  made  by  Member  States  in  connection 
with  operations  or  operational  programme,  and  summary  reports  on  the 
recovery  procedures  undertaken  by  the  Member  States  in  response  to 
irregularities; 

35 

OJ L 292, 15.11.1996, p. 2 

EN 

80 

   EN 

                                                 
(vii)  information  on  the  measures  taken  to  protect  the  financial  interests  of  the 

Commission. 

(b) 

(c) 

(d) 

the  arrangements  governing  exchanges  of  information  and  documents  between  the 
Commission and the Member States, and the implementation of information systems, 
including the type, format and content of data to be processed by those systems and 
the corresponding data storage rules; 

the  notification  to  the  Commission  by  Member  States  of  information,  documents, 
statistics and reports, as well as the deadlines and methods for their notification. 

the  cooperation  obligations  to  be  complied  with  by  the  Member  States  for  the 
implementation of Articles 121 and 122; 

Those  implementing  acts  shall  be  adopted  in  accordance  with  the  examination  procedure 
referred to in Article 151(3). 

Article 10628 
Financial correction by the Commission and criteria for financial corrections 

1. 

In  addition  to  the  cases  identified  in  Articles  20(4)  and,  77  and  136(1)of  the 
Regulation  [on  Common  Provisions],  the  Commission  shall,  by  means  of 
implementing acts, make financial corrections by cancelling all or part of the Union 
contribution  to  an  operational  programme  where,  after  carrying  out  the  necessary 
examination, it concludes that: 

(a) 

(b) 

there  is  a  serious  deficiency  in  the  management  and  control  system  of  the 
programme  which  has  put  at  risk  the  Union  contribution  already  paid  to  the 
operational programme; 

expenditure  contained  in  a  certified  statement  of  expenditure  is  irregular  or 
affected by otherthe cases of non compliance with CFP rules by beneficiary, 
and  has  not  been  corrected  by  the  Member  State  prior  to  the  opening  of  the 
correction  procedure  under  this  paragraph.  Financial  correction  resulting 
from these cases shall be proportionate to the nature, extent, duration and 
repetition of the non-compliance; 

(c) 

a Member State has not complied with its obligations under Article 117 prior to 
the opening of the correction procedure under this paragraph. 

(b)(d) expenditure  contained  in  a  certified  statement  of  expenditure  is  affected  by 
cases  of  non  compliance  with  CFP  rules  by  the  Member  State  which  are 
essential to the conservation of marine biological resources. 

For  the  cases  under  paragraph  1(a),  (b)  and  (c),  the  Commission  shall  base  its 
financial  corrections  on  individual  cases  of  irregularity  or  other  individual  cases  of 
non  compliance  that  have  been  identified  and  shall  take  account  of  whether  an 
irregularity  or  a  case  of  non  compliance  is  systemic.  When  it  is  not  possible  to 
quantify  precisely  the  amount  of  irregular  expenditure  charged  to  the  EMFF,  the 
Commission shall apply a flat rate or extrapolated financial correction. 

For  the  cases  under  paragraph  1(ab)  in  case  ofrelating  to  non  compliance  with 
Article  98105,  and  under  paragraph  1(bd),  the  Commission  shall  base  its  financial 
corrections only on the expenditure directly linked to the non-compliance with CFP 
rules.  The  Commission  shall  decide  the  amount  of  a  correction taking  into  account 
the  gravity  of  the  non  compliance  with  CFP  rules  by  the  Member  State  or  the 

2. 

23. 

EN 

81 

   EN 

34. 

5. 

beneficiary  with  CFP  rules,  the  economic  advantage  derived  from  the  non-
compliance  with  CFP  rules  or  the  importance  of  the  EMFF  contribution  to  the 
economic activity of the beneficiary. 

When  it  is  not  possible  to  quantify  precisely  the  amount  of  expenditure  linked  to 
non-compliance with CFP rules by the Member State, the Commission shall apply a 
flat rate or extrapolated financial correction according to paragraph 46 (a). 

Where the Commission bases its position on the facts established by auditors other 
than  those  of  its  own  services,  it  shall  draw  its  own  conclusions  regarding  their 
financial  consequences,  after  examining  the  measures  taken  by  the  Member  State 
concerned under Article 117, the notification submitted under Article 125(c) and any 
replies from the Member State. 

46. 

The  Commission  shall  be  empowered  to  adopt  delegated  acts  in  accordance  with 
Article 12750 which shall: 

(a) 

(b) 

establish the criteria to set the level of financial correction to be applied in case 
of flat rate or extrapolated financial corrections. 

list the relevant CFP rules referred to in paragraph (1)(bd) which are essential 
to the conservation of marine biological resources. 

1. 

2. 

3. 

4. 

5. 

Article 10729 
Procedure 

Before taking a decision on a financial correction by means of implementing acts, the 
Commission  shall  open  the  procedure  by  informing  the  Member  State  of  its 
provisional  conclusions  and  requesting  the  Member  State  to  submit  its  comments 
within two months. 

In  addition  to  paragraph  2  of  Article  137  of  [Regulation  (EU)  No  [...]  laying 
down Common Provisions], where the Commission proposes a financial correction 
referred  to  in  Article  106(2)  on  the  basis  of  extrapolation  or  at  a  flat  rate,  the 
Member State shall be given the opportunity to demonstrate, through an examination 
of  the  documentation  concerned,  that  the  actual  extent  of  irregularity  or  other  the 
case  of  non  compliance,  including  non  compliance  with  CFP  rules,  and  its  link  to 
the expenditure was less than the Commission's assessment. In agreement with the 
Commission,  the  Member  State  may  limit  the  scope  of  this  examination  to  an 
appropriate  proportion  or  sample  of  the  documentation  concerned.  Except  in  duly 
justified  cases,  the  time  allowed  for  this  examination  shall  not  exceed  a  further 
period of two months after the two-month period referred to in paragraph 1. 

The Commission shall take account of any evidence supplied by the Member State 
within the time limits referred to in paragraphs 1 and 2. 

Where  the  Member  State  does  not  accept  the  provisional  conclusions  of  the 
Commission, the Member State shall be invited to a hearing by the Commission, in 
order to ensure that all relevant information and observations are available as a basis 
for conclusions by the Commission on the application of the financial correction. 

In  order  to  apply  financial  corrections  the  Commission  shall  take  a  decision,  by 
means of implementing acts, within six months of the date of the hearing, or of the 
date  of  receipt  of  additional  information  where  the  Member  State  agrees  to  submit 
such  additional  information  following  the  hearing.  The  Commission  shall  take 
account  of  all  information  and  observations  submitted  during  the  course  of  the 

EN 

82 

   EN 

procedure.  If  no  hearing  takes  place,  the  six  month  period  shall  begin  to  run  two 
months  after  the  date  of  the  letter  of  invitation  to  the  hearing  sent  by  the 
Commission. 

6. 

Where  irregularities  affecting  annual  accounts  sent  to  the  Commission  are  detected 
by  the  Commission  or  by  the  Court  of  Auditors,  the  resulting  financial  correction 
shall reduce support from the EMFF to the operational programme. 

Article 130 
Obligations of Member States 

A financial correction by the Commission shall not prejudice the Member State's obligation to 
pursue  recoveries  under  Article 117(2)  and  to  recover  State  aid  in  the  meaning  of 
Article 107(1) of the Treaty and under Article 14 of Council Regulation (EC) No 659/1999. 

CHAPTER VI 
Monitoring, evaluation, information and communication 

SECTION 1 
ESTABLISHMENT AND OBJECTIVES OF A MONITORING AND 
EVALUATION SYSTEM 

1. 

2. 

3. 

4. 

Article 10831 
Monitoring and evaluation system 

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  12750 
regarding the content and construction of that framework. 

The impact of the EMFF shall be measured in relation to the Union priorities referred 
to in Article 6. 

The Commission shall define, by means of implementing acts, the set of indicators 
specific  to  these  Union  priorities.  Those  implementing  acts  shall  be  adopted  in 
accordance with the examination procedure referred to in Article 12851(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,  by  means  of  implementing  acts,  rules  on  the  information  to  be  sent  by 
the 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 12851(3). 

The Commission shall present a report on the implementation of this Article to the 
European  Parliament  and  the  Council  every  four  years.  The  first  report  shall  be 
presented not later than 31 December 2017. 

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The objectives of the monitoring and evaluation system shall be: 

Article 10932 
Objectives 

(a) 

(b) 

(c) 

(d) 

1. 

2. 

1. 

2. 

to  demonstrate  the  progress  and  achievements  of  maritime  and  fisheries  policy  and 
assess the impact, effectiveness, efficiency and relevance of EMFF operations; 

to contribute to better targeted support for maritime and fisheries policy; 

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 
TECHNICAL PROVISIONS 

Article 11033 
Common indicators 

A list of common indicators relating to the initial situation as well as to the financial 
execution,  outputs,  results  and  impact  of  the  programme  and  applicable  to  each 
programme shall be specified in the monitoring and evaluation system provided for 
in Article 10831 to allow for aggregation of data at Union level. 

The  common  indicators  shall  be  linked  to  the  milestones  and  targets  established  in 
the operational programmes according to the Union priorities identified in Article 6. 
These common indicators shall be used for the performance framework referred to in 
Article  19(1)  of  [Regulation  (EU)  No  [...]  laying  down  Common  Provisions],  and 
shall  allow  assessment  of  the  progress,  efficiency  and  effectiveness  of  policy 
implementation  against  objectives  and  targets  at  Union,  national  and  programme 
level. 

Article 11134 
Electronic Information System 

Key  information  on  the  implementation  of  the  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. 

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 11235 
Provision of information 

Beneficiaries  of  support  under  EMFF,  including  local  action  groups,  shall  undertake  to 
provide to the managing authority and/or to appointed evaluators or other bodies delegated to 
perform functions on its behalf, all the data and information necessary to permit monitoring 
and evaluation of the programme, in particular in relation to meeting specific objectives and 
priorities. 

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SECTION 3 
MONITORING 

Article 11336 
Monitoring procedures 

1. 

2. 

The managing  authority  referred to in Article 99108 and the monitoring committee 
provided  for  in  Article  41  of  [Regulation  (EU)  No  [...]  laying  down  Common 
Provisions] shall monitor the quality of programme implementation. 

The managing authority and the monitoring committee shall carry out monitoring of 
the operational programme by means of financial, output and target indicators. 

Article 11437 
Responsibilities of the monitoring committee 

In  addition  to  the  responsibilities  provided  for  in  Article  43  of  [Regulation  (EU)  No  [...] 
laying down Common Provisions], the monitoring committee shall verify the performance of 
the  operational  programme  and  the  effectiveness  of  its  implementation.  To  that  end,  the 
monitoring committee: 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

1. 

2. 

shall be consulted and issue an opinion, within four months of the decision approving 
the  programme,  on  the  selection  criteria  for  the  financed  operations;  the  selection 
criteria shall be revised according to programming needs; 

shall  examine  the  activities  and  outputs  related  to  the  evaluation  plan  of  the 
programme; 

shall  examine  actions  in  the  programme  relating  to  the  fulfilment  of  ex  ante 
conditionalities; 

shall consider and approve the annual implementation reports before they are sent to 
the Commission; 

shall  examine  actions  to  promote  equality  between  men  and  women,  equal 
opportunities, and non-discrimination, including accessibility for disabled persons; 

shall not be consulted on Annual Work Plan for data collections referred to in Article 
23. 

Article 11538 
Annual implementation report 

By 31 May 2016 and by 31 May each subsequent year until and including 2023, the 
Member  State  shall  submit  to  the  Commission  an  annual  implementation  report  on 
implementation  of  the  operational  programme  in  the  previous  calendar  year.  The 
report submitted in 2016 shall cover the calendar years 2014 and 2015. 

In  addition  to  what  is  provided  in  Article  44  of  [Regulation  (EU)  No  [...]  laying 
down Common Provisions] annual implementation reports shall include: 

(a) 

(b) 

(c) 

information on financial commitments and expenditure by measure; 

a summary of the activities undertaken in relation to the evaluation plan; 

information on the non respect of the durability conditions set in Article 98105 
and  of  the  remedial  actions  undertaken  by  the  Member  States  including  if 

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necessary  financial  corrections  in  accordance  with  Article  117135(2)  of 
[Regulation (EU) No [...] laying down Common Provisions]. 

In  addition  to  what  is  provided  in  Article  44  of  [Regulation  (EU)  No  [...]  laying 
down  Common  Provisions],  the  annual  implementation  reports  submitted  in  2017 
and 2019 shall also cover an assessment of progress made in ensuring an integrated 
approach to use of the EMFF and other EU financial instruments to support territorial 
development,  including  through  local  development  strategies,  and  include  the 
findings  relating  to  the  meeting  of  the  targets  for  each  priority  included  in  the 
operational programme. 

The  Commission  shall,  by  means  of  implementing  acts,  adopt  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 12851(3). 

SECTION 4 
EVALUATION 

Article 11639 
General provisions 

The Commission shall, by means of implementing acts, provide for the elements to 
be contained in the ex ante and ex post evaluation reports referred to in Articles 48 
and 50 of [Regulation (EU) No [...] laying down Common Provisions] and establish 
the  minimum  requirements  for  the  evaluation  plan  referred  to  in  Article  49  of 
[Regulation  (EU)  No  [...]  laying  down  Common  Provisions].  Those  implementing 
acts  shall  be  adopted  in  accordance  with  the  examination  procedure  referred  to  in 
Article 12851(3). 

Member States shall ensure that the evaluations conform to the common evaluation 
system  agreed  in  accordance  with  Article  10831,  shall  organise  the  production  and 
gathering  of  the  requisite  data,  and  shall  supply  the  various  pieces  of  information 
provided by the monitoring system to the evaluators. 

The evaluation reports shall be made available by the Member States on the internet 
and by the Commission on the Union website. 

3. 

4. 

1. 

2. 

3. 

Article 11740 
Ex ante evaluation 

Member States shall ensure that the ex ante evaluator is engaged from an early stage in the 
process of development of the EMFF programme, including the development of the analysis 
referred  to  in  Article  20(1)b),  the  design  of  the  programme’s  intervention  logic  and  the 
establishment of the programme’s targets. 

Article 11841 
Ex post evaluation 

In line with Article 50 of the [Regulation (EU) No [...] laying down Common Provisions] an 
ex  post  evaluation  report  shall  be  prepared  by  the  Member  States  for  the  operational 
programme. This report shall be submitted to the Commission by 31 December 2023 at the 
latest. 

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Article 11942 
Syntheses of evaluations 

Syntheses  at  Union  level  of  the  ex  ante  and  ex  post  evaluation  reports  shall  be  undertaken 
under the responsibility of the Commission. The syntheses 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 
INFORMATION AND COMMUNICATION 

Article 12043 
Information and publicity 

1. 

The  paying  agency,  in  collaboration  with  the  managing  authority,  shall  be 
responsible in accordance with Artlice 99108(1)(i)b) for: 

(a) 

ensuring  the  establishment  of  a  single  website  or  a  single  website  portal 
providing  information  on,  and  access  to,  the  operational  programme  in  each 
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 Contracts, operational programmes and operations. 

Member States shall in order to ensure transparency in the support from the EMFF 
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 and summary 
of the operational programme. 

The list of operations shall be updated at least every three months. 

The  minimum  information  to  be  set  out  in  the  list  of  operations,  including  specific 
information concerning operations under Articles 28, 37, 45, 54 and 56, is laid down 
in Annex IV. 

Detailed rules concerning the information and publicity measures for the public and 
information measures for applicants and for beneficiaries are laid down in Annex IV. 

Technical characteristics of information and publicity measures for the operation and 
instructions for creating the emblem and a definition of the standard colours shall be 
adopted by the Commission by means of implementing acts in accordance with the 
advirosy procedure referred to Article 12851(2). 

2. 

3. 

4. 

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TITLE VIII 
IMPLEMENTATION UNDER DIRECT 
MANAGEMENT 

CHAPTER I 
General provisions 

Article 12144 
Scope 

This Title shall apply to measures financed under direct management as set out in Title VI 

CHAPTER II 
Control 

Article 12245 
Protection of Union financial interests 

1. 

2. 

The  Commission  shall  take  appropriate  measures  ensuring  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 
proportional and deterrent penalties. 

The  Commission  or  its  representatives  and  the  Court  of  Auditors  shall  have  the 
power  of  audit  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 such funding 
in  accordance  with  the  procedures  laid  down  in  Regulation  (Euratom,  EC)  No 
2185/96 with a view to establishing whether there has been fraud, corruption or any 
illegal activity affecting the financial interests of the European Union in connection 
with a grant agreement or decision or a contract or concerning Union funding. 

Without prejudice to the previous subparagraphs, cooperation agreements with third 
countries  and  international  organisations,  grant  agreements,  decisions  and  contracts 
resulting  from  the  implementation  of  this  Regulation  shall  expressly  empower  the 
Commission,  the  Court  of  Auditors  and  OLAF  to  conduct  such  audits,  on-the-spot 
checks and inspections. 

Article 12346 
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  minimum  of  ten  working  days’  notice,  except  in  urgent  cases,  for  a 
period up to three years after the final payment made by the Commission. 

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2. 

3. 

4. 

5. 

1. 

2. 

1. 

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 on an electronic format relating to expenditure financed by this Regulation. 

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  thus 
obtained. 

If  any  Union  financial  assistance  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. 

For this purpose, all related documents shall be kept available by the beneficiaries for 
a period up to three years after the final payment. 

Article 12447 
Suspension of payments, reduction and cancellation of the financial contribution 

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 send their observations to the Commission. 

If  the  beneficiaries  do  not  reply  within  that  period  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 Commission. Interest shall be added to any sums not repaid in due time 
under the conditions laid down in the [Financial Regulation]. 

CHAPTER III 
Evaluation and reporting 

Article 12548 
Evaluation 

Operations  financed  under  this  Regulation  shall  be  monitored  regularly  in  order  to 
follow their implementation. 

The  Commission  shall  ensure  the  regular,  independent,  external  evaluation  of  the 
operations financed. 

Article 12649 
Reporting 

The Commission shall submit to the European Parliament and the Council: 

(a) 

an  interim  evaluation  report  on  the  results  obtained  and  the  qualitative  and 
quantitative  aspects  of  the  implementation  of  the  operations  financed  under  this 
Regulation no later than 31 March 2017; 

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(b) 

a  Communication  on  the  continuation  of  the  operations  financed  under  this 
Regulation no later than 30 August 2018; 

(c) 

an ex-post evaluation report no later than 31 December 2021. 

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TITLE IX 
PROCEDURAL PROVISIONS 

Article 12750 
Exercise of delegation 

1. 

2. 

3. 

4. 

5. 

1. 

2. 

3. 

The  power  to  adopt  delegated  acts  is  conferred  on  the  Commission  subject  to  the 
conditions laid down in this Article. 

The delegation of power referred to in the Articles 12, 33, 37, 38, 39, 46, 61, 64, 67, 
75, 92, 105, 108, 111, 112, 114, 115, 119, 127, 131 and 153 shall be conferred for an 
indeterminate period of time from 1 January 2014. 

The delegation of power referred to in Articles 12, 33, 37, 38, 39, 46, 61, 64, 67, 75, 
92, 105, 108, 111, 112, 114, 115, 119, 127, 131 and 153 may be revoked at any time 
by the European Parliament or by the Council. A decision of revocation 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. 

As soon as it adopts a delegated act, the Commission shall notify it simultaneously to 
the European Parliament and to the Council. 

A delegated act adopted pursuant to Articles12, 33, 37, 38, 39, 46, 61, 64, 67, 75, 92, 
105, 108, 111, 112, 114, 115, 119, 127, 131 and 153 shall enter into force only if no 
objection  has  been  expressed  either  by  the  European  Parliament  or  the  Council 
within a period of 2 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  2  months  at  the  initiative  of  the  European  Parliament  or  the 
Council. 

Article 12851 
Committee procedure 

In the implementation of the rules of the European Fisheries and Maritime Fund the 
Commission shall be assisted by a Committee for the Fisheries and Maritime Fund. 
That  committee  shall  be  a  committee  within  the  meaning  of  Regulation  (EU)  No 
182/2011. 

Where  reference  is  made  to  this  paragraph,  Article  4  of  Regulation  (EU)  No 
182/2011 shall apply. 

Where  reference  is  made  to  this  paragraph,  Article  5  of  Regulation  (EU)  No 
182/2011 shall apply. 

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TITLE X 
FINAL PROVISIONS 

Article 12952 
Repeal 

1. 

2. 

1. 

2. 

Regulations  (EC)  No  1198/2006,  (EC)  No  861/2006,  (EC)  [No  /2011establishing  a 
Programme  to  support  the  further  development  of  an  Integrated  Maritime  Policy], 
(EC) No 791/2007, (EC) No 2328/2003 and Article 103 of Regulation 1224/2009 are 
repealed with effect from 1 January 2014. 

References  to  the  repealed  Regulations  shall  be  construed  as  references  to  this 
Regulation. 

Article 13053 
Transitional provisions 

In order to facilitate the transition from the systems established by Regulations (EC) 
No  1198/2006,  (EC)  No  861/2006,  (EC)  [No  /2011  establishing  a  Programme  to 
support  the  further  development  of  an  Integrated  Maritime  Policy]  and  (EC)  No 
791/2007  to  the  system  established  by  this  Regulation,  the  Commission  shall  be 
empowered to adopt delegated acts in accordance with Article 12750 concerning 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. 

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 1198/2006, (EC) 
No  861/2006,  (EC)  [No  /2011  establishing  a  Programme  to  support  the  further 
development of an Integrated Maritime Policy], (EC) No 791/2007 and Article 103 
of  Regulation  1224/2009  or  any  other  legislation  applying  to  that  assistance  on  31 
December 2013. 

3. 

Applications made under Council Regulation (EC) No 1198/2006 shall remain valid. 

This  Regulation  shall  enter  into  force  on  the  day  following  that  of  its  publication  in  the 
Official Journal of the European Union. 

Article 13154 

This Regulation shall be binding in its entirety and directly applicable in all Member States. 

Done at Brussels,  

For the European Parliament 
The President 

For the Council 
The President 

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ANNEX I 

Specific aid intensity 

Type of operations 

Percentage points 

Related to small scale coastal fisheries may benefit from an 
increase by 

Located in the remote Greek Islands may benefit from an 
increase by 

Located in the outermost regions may benefit from an increase 
by 

Implemented by organisation of fishermen or other collective 
beneficiaries outside Chapter III of Title V may benefit from an 
increase by 

Implemented by producer organisation or associations of 
producer organisations may benefit from an increase by 

Under Article 78 on control and enforcement may benefit from 
an increase by 

Under Article 78 on control and enforcement related to small 
scale coastal fisheries may benefit from an increase by 

Implemented by enterprises that fall outside the definition of 
SMEs shall be reduced by 

25 

35 

35 

10 

20 

30 

40 

20 

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[Annual breakdown of commitment appropriations for 2014 to 2020]

ANNEX II 

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Area 

Ex-ante conditionality 

Criteria for fulfilment 

ANNEX III 

General Ex ante conditionalities 

1. Anti-
discrimination 

The  existence  of  a  mechanism  which  ensures 
effective  implementation  and  application  of 
Council Directive 2000/78/EC of 27 November 
2000  establishing  a  general  framework  for 
equal 
and 
in 
occupation36 and Council Directive 2000/43/EC 
of  29  June  2000  implementing  the  principle  of 
equal treatment between persons irrespective of 
racial or ethnic origin37 

employment 

treatment 

2. Gender equality  

The existence of a strategy for the promotion of 
gender equality and a mechanism which ensures 
its effective implementation. 

– 

3. Disability 

The  existence  of  a  mechanism  which  ensures 
effective implementation and application of the 
UN  Convention  on  the  rights  of  persons  with 
disabilities.  

– 

– 

Effective implementation and application of the Council Directive 2000/78/EC and Council 
Directive 2000/43/EC is ensured through: 

– 

– 

– 

institutional arrangements for the implementation, application and supervision of the 
above-mentionned directives; 

a  strategy  for  training  and  dissemination  of  information  for  staff  involved  in  the 
implementation of the funds; 

Measures to strengthen administrative capacity for implementation and application of 
the above-mentionned directives.  

Effective implementation and application of an explicit strategy for the promotion of gender 
equality is ensured through: 

– 

– 

– 

a system for collecting and analyzing data and indicators broken down by sex and to 
develop evidences-based gender policies; 

a  plan  and  ex-ante  criteria  for  the  integration  of  gender  equality  objectives  through 
gender standards and guidelines; 

Implementation mechanisms including involvement of a gender body and the relevant 
expertise to draft monitor and evaluate the interventions. 

Effective  implementation  and  application  of  the  UN  Convention  on  the  rights  of  persons 
with disabilities is ensured through: 

– 

– 

– 

Implementation of measures in line with Article 9 of the UN Convention to prevent, 
identify  and  eliminate  obstacles  and  barriers  to  accessibility  of  persons  with 
disabilities;  

institutional  arrangements  for  the  implementation  and  supervision  of  the  UN 
Convention in line with Article 33 of the Convention; 

a  plan  for  training  and  dissemination  of  information  for  staff  involved  in  the 

36 
37 

OJ L 303 , 02.12.2000, p.16 
OJ L 180 , 19.07.2000, p.22 

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4.. Public 
procurement 

The  existence  of  a  mechanism  which  ensures 
effective  implementation  and  application  of 
European  Parliament  and  Council  Directive 
2004/18/EC  and  Directive  2004/17/EC  of  the 
European  Parliament  and  of  the  Council  of  31 
the  procurement 
March  2004  coordinating 
procedures  of  entities  operating  in  the  water, 
energy,  transport  and  postal  services  sectors38 
and their adequate supervision and surveillance. 

5. State aid 

The  existence  of  a  mechanism  which  ensures 
effective implementation and application of EU 
State aid law  

implementation of the funds; 

– 

measures to strengthen administrative capacity for implementation and application of 
the  UN  Convention  including  appropriate  arrangements  for  monitoring  compliance 
with accessibility requirements. 

– 

Effective  implementation  and  application  of  Directives  2004/18/EC  and  2004/17/EC  is 
ensured through: 

– 

– 

– 

– 

– 

complete transposition of Directives 2004/18/EC and 2004/17/EC; 

institutional arrangements for the implementation, application and supervision of EU 
public procurement law; 

measures which ensure adequate supervision and surveillance of transparent contract 
award procedures and adequate information thereon; 

a  strategy  for  training  and  dissemination  of  information  for  staff  involved  in  the 
implementation of the funds; 

Measures to strengthen administrative capacity for implementation and application of 
EU public procurement law. 

– 

Effective implementation and application of EU State aid law is ensured through: 

– 

– 

– 

institutional arrangements for the implementation, application and supervision of EU 
State aid law; 

a  strategy  for  training  and  dissemination  of  information  for  staff  involved  in  the 
implementation of the funds; 

measures to strengthen administrative capacity for implementation and application of 
EU State aid rules.  

6. Environmental 
legislation relating 
to Environmental 
Impact Assessment 
(EIA)and, Strategic 
Environmental 
Assessment (SEA) 

The  existence  of  a  mechanism  which  ensures 
the effective implementation and application of 
Union environmental legislation related to EIA 
and SEA in accordance with Council Directive 
(85/337/EEC)  of  27  June  1985  on 
the 
assessment  of  the  effects  of  certain  public  and 
private  projects  on  the  environment39  and  with 
the  European 
Directive  2001/42/EC  of 

– 

Effective  implementation  and  application  of  Union  environmental  legislation  is  ensured 
through: 

– 

– 

– 

complete and correct transposition of EIA and SEA directives; 

institutional arrangements for the implementation, application and supervision of EIA 
and SEA Directives; 

a  strategy  for  training  and  dissemination  of  information  for  staff  involved  in  the 

38 
39 

OJ L 134, 30.4.2004, p. 1 
OJ L 175, 5.7.1985, p. 40 

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Parliament and of the Council of 27 June 2001 
on the assessment of the effects of certain plans 
and programmes on the environment40. 

implementation of EIA and SEA Directives; 

– 

measures to ensure sufficient administrative capacity. 

7. Statistical 
systems and result 
indicators 

The  existence  of  a  statistical  system  necessary 
the 
to  undertake  evaluations 
effectiveness and impact of the programmes. 

to  assess 

The  existence  of  an  effective  system  of  result 
to  monitor  progress 
indicators  necessary 
towards 
impact 
to  undertake 
results  and 
evaluation. 

– 

A multi-annual plan for timely collection and aggregation of data is in place that includes: 

– 

– 

– 

– 

– 

– 

the identification of sources and mechanisms to ensure statistical validation;  

arrangements for publication and public availability. 

an effective system of results indicators including: 

the selection of result indicators for each programme providing information on those 
aspects of the well-being and progress of people that motivate policy actions financed 
by the programme; 

the establishment of targets for these indicators; 

the  respect  for  each  indicator  of  the  following  requisites:  robustness  and  statistical 
validation,  clarity  of  normative  interpretation,  responsiveness  to  policy,  timely 
collection and public availability of data; 

adequate procedures in place to ensure that all operations financed by the programme adopt an effective 
system of indicators. 

1. PRIORITIES-LINKED CONDITIONALITIES 

Specific Ex ante conditionalities  

EU priority for EMFF/ CSF 
Thematic Objective (TO) 

Ex ante conditionality 

Criteria for fulfilment 

40 

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Business set-up: Specific actions have been carried out for the 
effective  implementation of  the Small  Business Act (SBA)  and 
its  Review  of  23  February  2011  including  the  "Think  Small 
First" principle 

The  establishment  of  a  multiannual  national  strategic  plan  on 
aquaculture  as  referred  in  Article  43  of  the  [Regulation  on  the 
Common Fisheries Policy] by 2014; 

EMFF priority:  
2. Fostering innovative, 
competitive and knowledge 
based fisheries  
3. Fostering innovative, 
competitive and knowledge 
based aquaculture 

TO 3: enhancing the 
competitiveness of small and 
medium-sized enterprises 

EMFF priority:  
Fostering 
3. 
competitive 
and 
based aquaculture 
5.  Promoting  a  sustainable  and 
resource efficient aquaculture 

innovative, 
knowledge 

TO  6:  protecting  the  environment 
and promoting resource efficiency 

EMFF Priority:  
6  Fostering  the  implementation 
of the CFP 

Proven  administrative  capacity 
the  data 
requirements  for  fisheries  management  set  out  in  Article  37  of 
the [Regulation on the CFP] 

to  comply  with 

TO  6:  protecting  the  environment 
and promoting resource efficiency 

EMFF Priority:  
6  Fostering  the  implementation 
of the CFP 

administrative 

the 
capacity 
Proven 
implementation  of  a  Union  control  inspection  and  enforcement 
system as stipulated in Article 46 of the [Regulation on the CFP] 

comply  with 

to 

The specific actions include: 

– 

– 

– 

– 

– 

– 

– 

– 

measures to reduce the time to set-up business to 3 working 
days and the cost to €100;  

measures  to  reduce  the  time  needed  to  get  licenses  and 
permits  to  take  up  and  perform  the  specific  activity  of  an 
enterprise to 3 months; 

a  mechanism  for  systematic  assessment  of  the  impact  of 
legislation on SMEs using an "SME test" while taking into 
account differences in the size of enterprises, where relevant  

A  multiannual  national  strategic  plan  on  aquaculture  is 
transmitted  to  the  Commission  at  the  latest  by  the  day  of 
transmission of the OP 

The OP includes information on the complementarities with 
the multiannual national strategic plan on aquaculture 

Proven administrative capacity to prepare and apply a multi-
annual  programme  for  data  collection,  to  be  reviewed  by 
STECF and accepted by the Commission 

Proven administrative capacity to prepare and implement an 
annual  work  plan  for  data  collection,  to  be  reviewed  by 
STECF and accepted by the Commission 

in  human  resources  allocation 

to 
Sufficient  capacity 
undertake bilateral or multilateral agreements with other MS 
if  work  to  implement  the  data  collection  obligations  is 
shared 

The specific actions include: 

– 

Proven  administrative  capacity  to  prepare  and  implement 
the  2014-2020  national  control  program  as  referred  to  in 

EN 

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TO  6:  protecting  the  environment 
and promoting resource efficiency 

and further specified in Council Regulation (EC) No 1224/2009. 

Article 19(l) 

– 

– 

– 

– 

– 

Proven  administrative  capacity  to  prepare  and  implement 
the national control action programme for multiannual plans 
(Art 46 Control Regulation)  

Proven  administrative  capacity  to  prepare  and  implement  a 
common control program that may be developed with other 
Member States (art 94 CR) 

Proven  administrative  capacity  to  prepare  and  implement 
the  Specific  Control  and  Inspection  Programmes  (art  95 
CR).  

Proven  administrative  capacity  to  apply  a  system  of 
effective, proportionate and dissuasive sanctions for serious 
infringements (art 90 CR) 

Proven administrative capacity to apply the point 
system for serious infringements (art 92 CR)  

Sufficient  capacity  in  human  resources  allocation  to  implement  the 
Control regulation 

EN 

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ANNEX IV 
Information and communication on support from the EMFF 

1. 

LIST OF OPERATIONS  

The  list  of  operations  referred  to  Article  12043  shall  contain,  in  at  least  one  of  the  official 
languages of the Member State, the following data fields:  

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

Beneficiary name (only legal entities; no natural persons shall be named); 

Community Fleet Register (CFR) number of fishing vessels as referred to in Article 
10  of  Commission  Regulation  (EC)  No  26/2004  of  30  December  200341  (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 EU contribution; 

Operation postcode; 

Country; 

Name of union priority;  

Date of last update of the list of operations. 

The headings of the data fields and the names of the operations shall be also provided in at 
least one other official language of the European Union. 

2. 

INFORMATION AND PUBLICITY MEASURES FOR THE PUBLIC 

2.1. 

Responsibilities of the Member State 

1. 

2. 

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.  

The  Member  State  shall  be  responsible  for  organising  at  least  the  following 
information and publicity measures: 

(a) 

(b) 

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;  

(c)  displaying the flag of the European Union in front of, or at a place visible to 

the public, at the premises of each managing authority; 

(d)  publishing electronically the list of operations in accordance with section 1; 

41 

OJ L 5, 9.1.2004, p.25. 

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(e)  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 European Union other than the official language or languages 
of the Member State concerned; 

(f) 

a  specific  section  of  the  single  website  shall  be  dedicated  to  give  a  short 
summary of innovation and eco-innovation operations; 

(g)  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.  

3. 

The  managing  authority  shall  involve  in  information  and  publicity  measures,  in 
accordance with national laws and practices, the following bodies: 

(h) 

(i) 

the  partners  referred  to  in  Article  5  of  the  [Regulation  (EU)  No  [...]  laying 
down Common Provisions]; 

information centres on Europe, as well as Commission representation offices in 
the Member States; 

(j) 

educational and research institutions. 

These  bodies  shall  widely  disseminate  the  information  described  in  Article 
12043(1)(a) and (b).  

3. 

INFORMATION MEASURES FOR POTENTIAL BENEFICIARIES AND BENEFICIARIES  

3.1. 

Information measures for potential beneficiaries  

1. 

2. 

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. 

The  managing  authority  shall  ensure  that  potential  beneficiaries  are  informed  on  at 
least the following: 

(k) 

(l) 

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; 

(m) 

the criteria for selecting the operations to be supported; 

(n) 

(o) 

the  contacts  at  national,  regional  or  local  level  that  are  able  to  provide 
information on the operational programmes; 

that applications should propose communication activities, proportional to the 
size of the operation, in order to inform the public about the operation's aims 
and the EU support to the operation. 

3.2. 

Information measures for beneficiaries  

The  managing  authority  shall  inform  beneficiaries  that  acceptance  of  funding  constitutes  an 
acceptance  of  their  inclusion  in  the  list  of  operations  published  in  accordance  with  Article 
12043(2). 

EN 

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LEGISLATIVE FINANCIAL STATEMENT 

1. 

FRAMEWORK OF THE PROPOSAL/INITIATIVE  

1.1.  Title of the proposal/initiative  

1.2.  Policy area(s) concerned in the ABM/ABB structure  

1.3.  Nature of the proposal/initiative  

1.4.  Objective(s)  

1.5.  Grounds for the proposal/initiative  

1.6.  Duration and financial impact  

1.7.  Management method(s) envisaged  

2. 

MANAGEMENT MEASURES  

2.1.  Monitoring and reporting rules  

2.2.  Management and control system  

2.3.  Measures to prevent fraud and irregularities  

3. 

ESTIMATED FINANCIAL IMPACT OF THE PROPOSAL/INITIATIVE  

3.1.  Heading(s)  of  the  multiannual  financial  framework  and  expenditure  budget  line(s) 
affected  

3.2.  Estimated impact on expenditure  

3.2.1. Summary of estimated impact on expenditure  

3.2.2. Estimated impact on operational appropriations  

3.2.3. Estimated impact on appropriations of an administrative nature  

3.2.4. Compatibility with the current multiannual financial framework  

3.2.5. Third-party participation in financing  

3.3.  Estimated impact on revenue  

EN 

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LEGISLATIVE FINANCIAL STATEMENT 

1. 

FRAMEWORK OF THE PROPOSAL/INITIATIVE  

1.1. 

Title of the proposal/initiative  

[Proposal  for  a  Regulation  of  the  European  Parliament  and  of  the  Council  on  the  European 
Maritime and Fisheries Fund [repealing Council Regulation (EC) No 1198/2006 and Council 
Regulation(EC) No 861/2006 and Council Regulation No XXX/2011 on integrated maritime 
policy 
Policy area(s) concerned in the ABM/ABB structure42  

1.2. 

[Policy area Title 11"Maritime Affairs and Fisheries" of Heading 2…] 

specify current budget lines merged into new: 

Post 2013 budget lines: 

1.3. 

Nature of the proposal/initiative  

(cid:133) The proposal/initiative relates to a new action (on the European Maritime and Fisheries Fund 
[repealing Council Regulation (EC) No 1198/2006 and Council Regulation(EC) No 861/2006 
and Council Regulation No XXX/2011 on integrated maritime policy for next funding period, 
2014-2020) 
(cid:133) The proposal/initiative relates to a new action following a pilot project/preparatory action43  

(cid:133) The proposal/initiative relates to the extension of an existing action  

(cid:133) The proposal/initiative relates to an action redirected towards a new action  

1.4. 

Objectives  

1.4.1.  The Commission's multiannual strategic objective(s) targeted by the proposal/initiative  

The  new  financial  instrument  will  contribute  mainly  to  3  flagship  initiatives  under  Europe 
2020 strategy: 1) Resource efficiency, 2) Innovation Union and 3) an Agenda for new skills 
and  jobs.  In  line  with  the  Europe  2020  strategy  the  general  objectives  of  the  future  funding 
instrument are the following: 

-  To  support  the  objectives  of  the  reformed  Common  Fisheries  Policy  by  promoting 
sustainable and viable fishing and aquaculture 

- To support the further development and implementation of the Integrated Maritime policy 

- To support a balanced territorial development of fisheries areas. 

1.4.2. 

Specific objective(s) and ABM/ABB activity(ies) concerned  

Specific objective under shared management 

Dimensions 

Specific objectives  

Increasing

– 

promotion  of  economic  growth,  social  inclusion,  creation  of  jobs  and  supporting  labour  mobility  in 

42 
43 

ABM: Activity-Based Management – ABB: Activity-Based Budgeting. 
As referred to in Article 49(6)(a) or (b) of the Financial Regulation. 

EN 

103 

   EN 

 
 
                                                 
employment 

and 

territorial cohesion  

coastal and inland communities depending on fishing and aquaculture  

– 

– 

– 

– 

– 

– 

Fostering 

innovative, 

competitive 

and 

knowledge  based 

fisheries  

Fostering 

innovative, 

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

support to strengthening technological development, innovation and knowledge transfer  

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

development of new professional skills and lifelong learning  

improved market organisation for fishery products  

support to strengthening technological development, innovation and knowledge transfer  

competitive 

and 

– 

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

knowledge  based 

aquaculture  

Promoting 

a 

sustainable 

and 

resource 

efficient 

fisheries 

– 

– 

– 

– 

development of new professional skills and lifelong learning  

improved market organisation for aquaculture products  

reduction of the impact of fisheries on the marine environment  

protection and restoration of marine biodiversity and ecosystems including the services they provide  

Promoting 

a 

– 

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

sustainable 

and 

resource 

efficient 

aquaculture 

Fostering 

the 

implementation  of 

the CFP 

– 

– 

– 

promotion  of  aquaculture  with  high  level  of  environmental  protection  and  of  animal  health  and 
welfare and of public health and safety 

supply of scientific knowledge and collection of data  

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

Specific objective under direct management 

Dimensions 

Specific objectives  

Innovation 

and 

knowledge 

based 

fisheries 

Sustainable 

and 

resource 

efficient 

fisheries 

Development 

and 

Implementation  of 

– 

– 

– 

– 

Improved market organisation for fishery (Observatory) 

Increased supply of scientific knowledge and collection of data for sustainable fisheries management 

Increased compliance through control  

Develop  cross-sector  instruments  for  better  policy-making  (Maritime  Spatial  Planning,  Integrated 
Maritime Surveillance, Marine Knowledge) 

EN 

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IMP  

Governance  of  the 

CFP and IMP 

– 

– 

– 

– 

Promote  an  integration  of  policies  that  enables  sustainable  and  cross-border/ecosystem-based 
management of European sea basins. 

Promote integrated governance of CFP, maritime and coastal affairs  

Further enhance and streamline stakeholders' involvement in fisheries management and aquaculture 
by providing Union financial assistance to the Advisory Councils 

Support to cover costs of information and communication activities linked to the CFP and IMP and 
costs  of  experts  and  stakeholder  representatives  participating  in  Commission  meetings  on  matters 
relating to the CFP and IMP 

ABM/ABB activity(ies) concerned  

11  01  ADMINISTRATIVE  EXPENDITURE  OF  THE  ‘MARITIME  AFFAIRS  AND 
FISHERIES’ POLICY AREA 

11 02 FISHERIES MARKETS 

11 03 INTERNATIONAL FISHERIES AND LAW OF THE SEA (in part) 

11 04 GOVERNANCE OF THE COMMON FISHERIES POLICY 

11 06 EUROPEAN FISHERIES FUND (EFF) 

11 07 CONSERVATION, MANAGEMENT AND EXPLOITATION OF LIVING AQUATIC 
RESOURCES 

11 08 CONTROL AND ENFORCEMENT OF THE COMMON FISHERIES POLICY 

11 09 MARITIME POLICY 

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1.4.3.  Expected result(s) and impact under shared and direct management 

Specify the effects which the proposal/initiative should have on the beneficiaries/groups targeted. 

The  post  –  2013  proposal  will  be  a  major  financing  instrument  for  the  implementation  of 
reformed  Common  Fisheries  Policy.  This  will  be  achieved  through  the  discontinuation  of 
costly  and  inefficient  fleet  subsidies  and  a  concentration  on  a  limited  number  of  Common 
Fisheries Policy environmental, economic and social objectives, in line with Europe 2020 and 
with  a  primary  focus  on  fostering  sustainable  fishing,  encourage  green  innovation,  induce 
quicker transition towards new fisheries management modes and creating growth and jobs in 
fisheries dependent communities will play a key role in this transition. 

The  expected  results  and  impact  will  depend  on  the  operational  programmes  that  Member 
States  will  submit  to  the  Commission.  Member  States  will  be  asked  to  set  targets  in  their 
programmes. 

Stakeholder 

Description of stakeholder 

Key interests/effects 

Beneficiaries 

Catching  sector 
in the EU 

– 

fishing  vessel 
operators 

EC 
owners, 
and crew. 

Aquaculture 
sector in the EU 

– 

Owners, operators and 
staff  of  aquaculture 
businesses 

Fisheries 
dependent 
communities 

Processing 
sector 

– 

– 

Research sector 

– 

Administrations 
& bodies 

– 

– 

Communities 
upon 
dependent 
or 
fisheries 
aquaculture  for  their 
livelihoods 

Those  processing  raw 
both 
material 
imported  and  caught 
within EC waters 

Scientific 
research 
bodies  and  scientific 
community  providing 
CFP and marine data.  

National, regional and 
local  bodies  involved 
in 
collecting  data, 
ensuring  enforcement 
and  control  of 
the 
CFP  

Advisory  Councils, 
RFMOs 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

Viability of businesses.  

Greater  resilience  to  economic  shocks, 
long term business planning.  

New 
and 
skills,  better  marketing 
promotion.  Sustainable  fishing  with  less 
discards. 

Viability of businesses.  

market 

for 
Increased 
sustainable/extensive  aquaculture,  including 
in NATURA 2000 sites. 

incentives 

Meeting 
requirements. 

costs 

of 

environmental 

New skills, better marketing and promotion.  

Viable  coastal  and 
dependent on fishing. 

inland  communities 

Increased  competitiveness  and  value  added, 
stable supplies of quality products. 

Supply  of  timely,  high  quality,  robust  and 
extensive  data  on  fisheries;  allowing  for 
knowledge  based  policy.  Increase  in  marine 
knowledge, data integration. 

Support  to  more  efficient,  effective  and 
practical implementation of their tasks 

EN 

106 

   EN 

 
 
 
 
 
– 

– 

– 

– 

– 

– 

– 

– 

Support  to  more  efficient,  effective  and 
practical implementation of their tasks. 

Increased  visibility  for  the  concerns  and 
financial needs of coastal regions, including 
a  better  coordination  and  a  more  strategic 
use of EU funds. 

Improved security and safety 

Reduced  administrative  burden  in  maritime 
areas  via  stable  and  integrated  maritime 
governance  structures 
(including  spatial 
planning). 

Increased  communication  between  maritime 
industries (maritime clusters in sea basins) 

Availability  of  high  quality  fisheries  and 
aquaculture  products  with  high  nutritional 
values.  

Access to the EU market. 

Development  of  sectoral  capacity  through 
the access to EU support. 

– 

– 

– 

– 

– 

– 

– 

– 

National, regional and 
local 
bodies 
protecting  the  coast, 
monitoring the marine 
environment, ensuring 
border  control  and 
maritime safety. 

Operators  engaged  in 
coastal  or  offshore 
activities 
economic 
(commercial 
fleet, 
tourism, ports etc)  

Those 
fisheries 
aquaculture products 

consuming 
and 

sector 

Fishing 
in 
competition  with  EU 
fleets 

Aquaculture 
producers, 
to the EU. 

exporters 

Administration. 

Environmental NGOs.  

– 

interest 

The wider public with 
in  and 
an 
concern  for  IMP  and 
fisheries  sectors,  the 
marine environment 

– 

Sustainable management of seas and coastal 
areas,  including  the  maintenance  of  fish 
populations,  marine  biodiversity,  and  the 
amenity value of oceans, rivers and lakes. 

Development  of 
environmental sustainability across sectors. 

joint  responsibility  for 

Others 

Maritime 
Sectors 
EU 

in 

the 

Consumers 

Third countries 

NGOs, the civil 

society  and  EU 
citizens 

1.4.4. 

Indicators of results and impact under shared management 

Specify the indicators for monitoring implementation of the proposal/initiative. 

The  proposals  provide  for  the  establishment  of  a  common  monitoring  and  evaluation 
framework  with  a  view  to  measuring  the  performance  of  the  CFP.  That  framework  shall 
include all instruments related to the monitoring and evaluation. 

The  impact  of  these  CFP  measures  shall  be  measured  through  the  following  indicators 
(indicative): 

– 

– 

– 

– 

– 

– 

– 

– 

Increase in the gross value added per employee in the fishing fleet and in aquaculture 

Fuel efficiency of fish capture  

Energy cost in aquaculture 

Increase in the value or volume of products channelled via Producers Organisations 

Discarding rates of commercially exploited species 

Degree of compliance with data calls 

Number of assessed stocks in relation to total exploited stocks  

Amount of serious infringements detected 

EN 

107 

   EN 

 
 
– 

Number of jobs created and jobs maintained by local partnerships 

By means of implementing acts, the Commission shall define the set of indicators specific to 
these objectives. 

1.5. 

Grounds for the proposal/initiative  

1.5.1.  Requirement(s) to be met in the short or long term  

In order to meet the multi-annual objectives of the CFP and to fulfil the relevant requirements 
of  the  Treaty,  the  proposals  aim  to  lay  down  the  legislative  framework  for  the  CFP  for  the 
period after 2013 

1.5.2.  Added value of EU involvement 

According to TFEU the Union shall have exclusive competence in the conservation of marine 
biological  resources  and  shared  competence  for  the  rest  of  the  CFP.  In  addition,  the  CFP 
manages resources that are common to Member States and closely interconnected with marine 
ecosystems which do not respect national borders. 

The  capacity  of  the  EU  to  move  towards  sustainable  fishing  –  taking  into  the  account  the 
limited successes of the CFP so far and the progress made in this area by EU partners - will be 
a critical test for the EU credibility in claiming the leadership of the sustainable development 
agenda and one of the key elements of the resource efficiency flagship of Europe 2020.  

1.5.3.  Lessons learned from similar experiences in the past 

On the basis of the evaluation of the current policy framework, an extensive consultation with 
stakeholders  as  well  as  an  analysis  of  future  challenges  and  needs,  a  comprehensive  impact 
assessment has been carried out. More details can be found in the impact assessment and the 
explanatory memorandum that are accompanying the legal proposals. 

1.5.4.  Coherence and possible synergy with other relevant instruments under shared management 

The legislative proposals concerned by this financial statement should be seen in the broader 
context of the proposal for a single framework regulation with common rules for the common 
strategic  framework  funds  (EMFF,  ERDF,  ESF,  Cohesion  Fund  and  EAFRD).  That 
framework regulation will make an important contribution to reducing administrative burden, 
to  spending  EU  funds  in  an  effective  way,  and  to  put  simplification  into  practice.  This  also 
underpins  the  new  concepts  of  the  common  strategic  framework  for  all  these  funds  and  the 
upcoming Partnership Contracts which will also cover these funds. 

The common strategic framework, which will be established, will translate the objectives and 
priorities  of  the  Europe 2020 Strategy into priorities for the EMFF together with the ERDF, 
ESF, Cohesion Fund and EAFRD, which will ensure an integrated use of the funds to deliver 
common objectives.  

The  common  strategic  framework  will  also  set  out  coordination  mechanisms  with  other 
relevant Union policies and instruments. 

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1.6. 

Duration and financial impact  

(cid:133) Proposal/initiative of limited duration  

–  (cid:133)  Proposal/initiative in effect from 01/01/2014 to 31/12/2020  

–  (cid:133)  Financial impact from 2014 to 2023  

(cid:133) Proposal/initiative of unlimited duration 

–  Implementation with a start-up period from YYYY to YYYY, 

–  followed by full-scale operation. 
1.7.  Management mode(s) envisaged44  

(cid:133) Centralised direct management by the Commission  

(cid:133) Centralised indirect management with the delegation of implementation tasks to: 

–  (cid:133)  executive agencies  
–  (cid:133)  bodies set up by the Communities45  

–  (cid:133)  national public-sector bodies/bodies with public-service mission  

–  (cid:133)  persons entrusted with the implementation of specific actions pursuant to Title V of the 
Treaty  on  European  Union  and  identified  in  the  relevant  basic  act  within  the  meaning  of 
Article 49 of the Financial Regulation  

(cid:133) Shared management with the Member States  

(cid:133) Decentralised management with third countries  

(cid:133) Joint management with international organisations (to be specified) 

If more than one management mode is indicated, please provide details in the "Comments" section. 

Comments  

Shared management: Title III, IV and V 

Direct management: Title VI and VII 

44 

45 

Details  of  management  modes  and  references  to  the  Financial  Regulation  may  be  found  on  the  BudgWeb  site: 
http://www.cc.cec/budg/man/budgmanag/budgmanag_en.html 
As referred to in Article 185 of the Financial Regulation. 

EN 

109 

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2. 

MANAGEMENT MEASURES  

2.1.  Monitoring and reporting rules under shared management 

Specify frequency and conditions. 

The European Maritime and Fisheries Fund (EMFF) is one of the Funds operating under the 
Common  Strategic  Framework  (CSF).  Although  the  bulk  of  the  expenditure  under  this 
instrument  will  be  administered  under  shared  management,  there  is  a  small  amount  of 
expenditure that is subject to direct management by the Commission. 

I. SHARED MANAGEMENT 

Monitoring  Committees  set  up  for  each  operational  programme,  and  annual  implementation 
reports  for  each  operational  programme,  will  be  at  the  heart  of  the  approach.  Monitoring 
Committees  will  meet  at  least  once  per  year.  Annual  review  meetings  between  the 
Commission and Member States (MS) complement the system.  

In  addition  to  the  implementation  reports  for  each  operational  programme,  progress  reports 
submitted  by  MS  in  2017  and  2019  (covering  implementation  of  the  Partnership  Contracts) 
will be summarised in strategic reports prepared by the Commission and submitted to the EU 
institutions. In 2018 and 2020, the Commission shall include in its Annual Progress Report to 
the  spring  meeting  of  the  European  Council  a  section  summarising  the  strategic  report,  in 
particular with regard to progress made towards Union priorities. An ex post evaluation report 
shall be prepared by the MS for their EMFF programme. This report shall be submitted to the 
Commission by 31 December 2023 at the latest. 

The  monitoring  and  reporting  system  will  use  quantitative  and  qualitative  information.  The 
quantitative  tools  include  both  financial  and  physical  information.  The  physical  information 
includes  output  indicators  and  the  development  of  result  indicators.  The  Commission  has 
specified a set of output indicators that it will use for the aggregation of information at an EU 
level.  At  key  points  of  the  implementation  period  (2017  and  2019),  additional  analytical 
requirements  on  the  progress  of  programmes  are  part  of  the  annual  implementation  reports. 
The monitoring and reporting system fully uses the potential of electronic data transfers. 

It should be noted that measures previously falling under direct management are now foreseen 
to be funded under shared management: 

-  marketing  and  processing  related  measures  as  well  as  measures  supporting  the  fisheries 
markets  organisation  and  compensation  for  additional  costs  in  outermost  regions  for  fishery 
products, and 

-  measures  supporting  the  control,  inspection  and  enforcement  system  as  well  as  measures 
supporting data collection. 

II. DIRECT MANAGEMENT 

The EMFF shall finance the following expenditure under direct management: 

- measures supporting the development and implementation of the Integrated Maritime Policy; 

-  measures  supporting  scientific  advice  and  knowledge,  Advisory  Councils,  voluntary 
contributions to international organisations, the implementation of the certain measures related 
to the control, inspection and enforcement system as well as communication activities, and 

- technical assistance. 

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For  the  first  two  schemes,  the  Commission  shall  adopt  annual  work  programmes  by 
implementing  acts.  The EMFF legislation sets out the information these programmes should 
contain  in  respect  of  grants  and  public  procurement.  Regular  monitoring  and  periodic 
reporting  are  also  foreseen,  with  the  Commission  expected  to  submit  to  the  European 
Parliament and the Council: 

-  an  interim  evaluation  report  on  the  results  obtained  and  the  qualitative  and  quantitative 
aspects of the implementation of the actions financed under this Regulation no later than 31 
March 2017; 

- a Communication on the continuation of the actions financed under this Regulation no later 
than 30 August 2018; 

- an ex-post evaluation report no later than 31 December 2021. 

2.2.  Management and control system under shared management 

2.2.1.  Risk(s) identified  

Since  2008  the  European  Court  of  Auditors  has  disclosed  in  its  annual  report  an  estimated 
error rate for the Agriculture and Natural Resources policy area as a whole for each financial 
year  (FYs  2007-2010)  based  on  an  independent,  annual  random  sample  of  transactions.  The 
Court's estimation of the most likely error rate has been between 2% and 5% (FYs 2007, 2009) 
and  less  than  2%  for  FY  2008.  For  FY  2010  the  rate  disclosed  was  2.3%.  The  Court's 
conclusion  is  that  the  supervisory  and  control  systems  are  partly  effective  in  ensuring  the 
regularity of payments. 

The Court's sample of transactions in respect of its annual audit (DAS) work is typically small 
(for  FY  2010,  12  payments  were  tested,  covering  Environment;  Maritime  Affairs  and 
Fisheries; and Health and Consumer Protection). Few errors have been reported for the FIFG 
and EFF. FIFG was not part of the Court's sample at all for FYs 2006 and 2007. 

Inasmuch as it is possible to discern error trends, the most frequent errors revealed in the last 3 
years  have  related  to  non-respect  of  publicity  rules  (41%  -  but  in  all  cases  without  financial 
effect),  and  funding  of  ineligible  categories  of  costs  (30%),  which  included  i.a.  ineligible 
subcontracting  costs,  and  a  project  delayed  beyond  the  eligibility  period.  Other  (non-
quantifiable) compliance issues make up the remainder. 

All quantifiable errors are eligibility-related. 

I. SHARED MANAGEMENT 

1. 1994-1999 programming period (closed) 

The overall error rate for this programming period can be based on the cumulative financial 
corrections imposed by the end of 2010 when all programmes were closed (€99m, or 3.88% of 
the amount allocated). 

2. 2000-2006 programming period (FIFG)  

Closure of  the  programmes is  ongoing; the overall  error rate for this  programming  period  is 
best estimated by considering the years when the programme was at "cruising speed", i.e. from 
2005  onwards.  On  this  basis,  the  annual  error  rate  for  FIFG  (calculated  as  the  aggregate  of 
errors  found  from  detailed  tests  of  projects,  systems  audit  work  and  potential  flat  rate 
corrections) has typically been at around 1% of payments made in each year. 

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Given  all  the  above,  the  overall  error  rate  for  the  programming  period  is  estimated  at 
approximately 2%. 

3. 2007-2013 programming period (EFF) 

On the basis of all currently available audit evidence, the error rate is considered to be below 
2%.  For  2009,  the  maximum  amount  at  risk  from  the  analysis  of  the  annual  control  reports 
(ACRs), national and other DGs' reports for programmes under categories 2b and 3 was 1.18% 
of total payments made during the year. The corresponding figure for 2010 is 1.44%. 

II. DIRECT MANAGEMENT 

The  error  rates  should  also  be  examined  from  a  multi-annual  perspective  since,  in  a  given 
year, DG MARE audits several years of declared and paid expenditure. When account is taken 
of  previous  years'  error  rates  disclosed  by  2006,  2007,  2008  and  2009  ex-post  controls,  the 
multi-annual  error  rates  on  samples  for  Data  Collection  programmes  and  Surveillance  and 
Control  programmes  are,  respectively,  1.89%  and  4.33%  (amount  of  ineligible  amounts 
identified  by  ex-post  controls  compared  with  amount  of  financial  transactions  actually 
controlled ex-post). 

For Markets and the Outermost Regions programme no ineligible expenditure was identified 
in 2010 or in the previous years. 

2.2.2.  Control method(s) envisaged  

I. SHARED MANAGEMENT 

The control mechanisms underpinning the EMFF instrument will change markedly post 2013. 
Member States (MS) will be obliged to designate three bodies in particular. 

1. Managing Authority (MA) 

The MA will be responsible in the main for overseeing programme implementation; it is for 
the  MS  to  decide  whether  economies  can  be  obtained  by  using  the  bodies  which  currently 
perform  this  role  for  the  EFF,  or  by  assigning  the  tasks  to  a  MA  from  another  Fund. 
Irrespective of the nature and extent of checks and controls it may carry out (it is for each MS 
to make its own arrangements in this respect), the MA's key control role is to ensure that the 
PA  (which  is  ultimately  responsible  for  the  payment)  receives  all  necessary  information,  in 
particular  on  the  procedures  operated  and  any  controls  carried  out  in  relation  to  operations 
selected for funding, before payments are authorised. 

2. Paying Agency (PA) 

The PA must fulfil certain accreditation criteria (Annex I of Commission Regulation 885/2006 
illustrates the components of an effective management and control system). Failure to do so 
could  result  in  the  withdrawal  of  its  accreditation  by  the  MS,  and  thus  its  ability  to  request 
reimbursement of EU monies from the Commission. It may delegate its tasks except payment, 
although it retains ultimate responsibility for their proper execution. 

The  PA  is  responsible,  for  clearance  purposes,  for  the  production  of  the  annual  accounts 
information.  This  should  include  the  declaration  of  assurance  by  PA  management  as  to  the 
completeness,  accuracy  and  veracity  of  the  annual  accounts;  the  proper  functioning  of  the 
internal  control  systems;  the  legality  and  regularity  of  the  underlying  transactions;  and  the 
respect  of  the  principle  of  sound  financial  management.  It  should  also  feature  a  summary 
report  of  all  available  audits  and  controls  carried  out,  including  an  analysis  of  systemic  or 
recurrent weaknesses as well as corrective actions taken or planned. 

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3. Certification Body (CB) 

The  CB  must  be  operationally  independent  of  the  PA  and  the  accrediting  authority,  and 
technically  competent  (it  is  expected  to  follow  international  auditing  standards).  As  is 
currently  the  case  for  the  Common  Agricultural  Policy  (CAP),  it  will  be  responsible  for  the 
annual audit of each PA's accounts. The CB is bound to draw up a report of its findings, and is 
required (via a certificate) to issue an audit opinion on the truth, completeness, and accuracy 
of  the  PA's  accounts,  as  well  as  an  opinion  on  the  management  declaration  of  assurance 
covering the areas mentioned in the previous paragraph. 

The  introduction  of  an  annual  clearance  of  accounts  system  should  incentivise  national  and 
regional  authorities  to  undertake  quality  controls  in  a  timely  manner  in  view  of  the  annual 
certification of accounts to the Commission. It constitutes a reinforcement of present financial 
management  arrangements  and  offers  better  assurance  that  irregular  expenditure  is  excluded 
from the accounts each year, rather than at the end of the programming period.  

This estimation is nevertheless subject to the capacity of the Commission and Member States 
to address the principal risks outlined above. 

The  proposed  architecture  of  the  management  and  control  systems  represents  an 
evolution of the set-up in place in 2007-2013 and preserves most of the functions carried 
out in the current period including administrative and on-the spot verifications, audits of 
management and control systems and audits of operations. It also maintains the role of 
the  Commission,  along  with  the  possibility  for  interruptions,  suspensions  and  financial 
corrections by the Commission. 

In  order  to  reinforce  accountability,  programme  authorities  would  be  accredited  by  a 
national accrediting body in charge of their ongoing supervision. The proposal offers the 
flexibility  to  keep  the  current  architecture  of  three  key  authorities  by  programme  in 
cases where the current system has been proven to be effective. However it also offers the 
possibility to merge the managing and certifying authority and thus decrease the number 
of involved authorities in the Member States. A smaller number of bodies in place would 
reduce  the  administrative  burden  and  enhance  the  possibility  for  building  stronger 
administrative capacity, but also permit a clearer distribution of responsibilities. 

The following proposals will increase the costs of control: 

-the creation and functioning of an accrediting body (the costs of which may be offset by 
the  merger  of  the  managing  and  certifying  authorities,  if  this  option  is  selected  by  the 
Member State); 

-  the  submission  of  certified  annual  accounts  and  an  annual  management  declaration, 
which  implies  having  carried  out  all  necessary  controls  within  the  accounting  year 
(which may require additional administrative effort); 

- the need for additional audit activity by the audit authorities to audit the management 
declaration  or  the  need  to  finish  its  audits  and  express  an  audit  opinion  in  a  shorter 
period of time compared to the current obligations.  

There are however also proposals which will reduce the costs of control:  

-  the  option  to  merge  the  managing  and  certifying  authorities,  which  could  allow  the 
Member State to save a substantial part of the current costs relating to certification due 
to  better  administrative  efficiency,  reduced  need  for  coordination  and  reduction  of  the 
scope of audits; 

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-the use of simplified costs which reduces administrative costs and burdens at all levels, 
for both administrations and beneficiaries; 

-proportionate control arrangements for management verifications and for audits; 

-annual  closure,  which  will  reduce  the  cost  of  retention  of  documents  for  control 
purposes for public administrations and beneficiaries. 

Therefore  overall  it  is  expected  that  proposals  will  lead  to  a  redistribution  of  control 
costs (remaining around 2% of the total funding managed), rather than an increase or a 
reduction. It is however anticipated that this redistribution of costs (across functions and 
due  to  the  proportionate  control  arrangements,  also  across  Member  States  and 
programmes) will enable more effective mitigation of risks and thus will lead to an error 
rate below 5%.  

In  addition  to  changes  in  the  financial  management  and  control  arrangement  which 
contribute to the effective detection and early exclusion of errors from the accounts, the 
proposal  foresees  simplification  in  several  areas  that  contributes  to  the  prevention  of 
errors. As indicated above, measures proposed in these areas include:  

-  A  more  extensive  use  of  simplified  costs  which  reduces  errors  related  to  financial 
management,  eligibility  rules  and  audit  trail,  and  reorients  both  implementation  and 
control towards the performance of operations. 

-  A  simpler,  flat  rate  based,  approach  to  revenue-generating  operations  which  will 
reduce  the  risk  of  errors  in  determining  and  deducting  the  revenue  generated  by 
operations. 

-  Harmonisation,  clarification  and  simplification  of  eligibility  rules  with  other  EU 
financial support instruments which will reduce mistakes made by beneficiaries who use 
assistance from different sources. 

-  Annual  closure  of  operations  or  expenditure,  which  decreases  audit  trail  errors  by 
shortening the time period for document retention and avoids the substantial build-up of 
administrative  workload  linked  to  the  one-off  closure  at  the  end  of  the  programming 
period. 

Most of the simplifications listed above also contribute to the reduction of administrative 
burden  for  beneficiaries  and  thus  represent  a  simultaneous  reduction  of  risks  of  error 
and of administrative burden. 

II.  COMMISSION  CONTROL  METHODS  APPLICABLE  TO  SHARED 
MANAGEMENT 

Payment interruption and suspension 

The authorising officer by sub-delegation (AOSD) has the option of interrupting the payment 
deadline for an interim payment claim for a maximum period of ninesix months if a MS fails 
to comply with EU rules. More serious breaches of MS' obligations are dealt with via payment 
suspension,  which  will  not  be  lifted  until  the  MS  can  demonstrate  that  it  has  taken  the 
appropriate remedial action. In extreme cases the Community contribution to the programme 
may be cancelled. 

Financial corrections 

EN 

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Although  the  MS  is  responsible  in  the  first  instance  for  the  identification  and  recovery  of 
irregularities, and the making of any financial corrections, the Commission has the power to 
impose corrections, be they precisely determined or flat-rate. It is expected to take account of 
the nature and gravity of any irregularity, and to assess the financial impact of the deficiencies. 

III.  COMMISSION  CONTROL  METHODS  APPLICABLE  TO  DIRECT 
MANAGEMENT 

All  programmes  are  checked  before  approval  to  ensure  compliance  with  the  applicable 
legislation and the eligibility of the proposed expenditure. 

All expenditure declarations are checked by the operational services against the Commission 
financing decision and the relevant programme for eligibility and consistency. 

Prior to authorisation of commitments or payments, ex-ante verification of the transactions is 
carried out based together with the checks on the data transmitted and the proof of payment to 
ensure the eligibility of the reimbursement claims. 

With a view to preventing irregularities monitoring missions in the form of on-the-spot checks 
are conducted by the Commission to check the actual implementation of programmes and to 
verify the eligibility of costs prior to payment. 

In addition to ex ante controls of financial transactions, the Directorate General also ensures 
100% ex ante verification of documents and procedures in relation to procurement and grants. 

The management of tendering and grants procedures is decentralised to the Operational Units 
of  the  Directorate  General  which  are  responsible  for  operational  verification.  An  additional 
independent  verification  is  carried  out  centrally  by  the  Budget  Unit  which  performs  checks 
during the entire lifecycle of the procedure, i.e. it reviews drafts of tendering/call for proposals 
specifications,  invitations  to  tender/to  submit  a  proposal,  contract  notices,  evaluation  and 
award  reports,  award  decisions  and  contracts/agreements.  There  is  also  an  independent 
advisory  committee  (the  Procurement  Examination  Group)  which  examines  all  procurement 
procedures above the publication threshold and which advises the AOSDs on the legality and 
regularity of the procedures. 

IV.  COMMISSION  CONTROL  METHODS  APPLICABLE  TO  ALL  EMFF 
EXPENDITURE 

All  financial  transactions  of  the  Directorate  General  are  subject  to  ex  ante  operational  and 
financial verification. 

Commission audits 

Throughout the implementation period, DG MARE's ex-post audit sector carries out systems 
audits with substantive testing to confirm assurance on the effective functioning of the systems 
and  requires  the  Member  States  to  correct  any  system  weaknesses  and  irregular  expenditure 
found. The Commission uses the results of its own audits as well as the results of the national 
Audit Authority to obtain assurance. The audits are selected on the basis of a risk analysis. 

V. COST OF CONTROLS AND COST-EFFECTIVENESS 

DG  MARE  sought  direct,  up-to-date  information  on  this  issue,  by  contacting  15  MS  who 
between them account for 93% of EFF expenditure. MS were requested to estimate the costs 
of  controlling  the  measures  financed  by  the  EFF  for  2010.  The  template  includes  an 
illustration of the depth of controls, as suggested by DG BUDG. 

EN 

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At the time of writing, the information received so far is under analysis, and some MS have 
still to respond. It is too early to say whether the costs to MS of EFF controls are in line with 
the  results  reported  by  DG  REGIO:  "The  costs  of  tasks  related  to  control  (at  national  and 
regional level, excluding the costs of the Commission) are estimated to remain around 2% of 
the total funding administered in the period 2007-201346." 

It  is  likely  that,  overall,  error rates  and  control  costs  will  remain  broadly  similar  in  the  next 
programming period to those under EFF. The following may increase the costs of control: 

- Abolition of vessel scrapping and temporary cessation premia: Relatively straightforward 
to administer and control, and have posed little burden for beneficiaries. There is no equivalent 
in  the  new  programming  period;  costs  of  control  and  error  rates  attaching  to  new  measures 
could initially be higher, as Member States and beneficiaries acclimatise to the new rules. 

The following are likely to decrease the costs of control: 

-  Lump  sums/simplified  costs:  No  requirement  to  evidence  documents  in  support  of  costs 
incurred, so: 

• 

• 

Less demanding in terms of controls 

Problems of proof of eligibility removed, so lower error rate 

No  need  for  lengthy  document  retention  by  beneficiaries,  so  lower  burden  (possibly 

• 
fewer audits); 

- Simplified co-financing rate and aid intensity systems: these will be easier to apply and to 
verify. 

• 

• 

One co-financing rate of 75% applicable to all regions47; 3 used currently; 
One aid intensity fixed at 50% of total eligible expenditure48; 24 used currently. 

Furthermore, should MS elect to use Paying Agencies which are already accredited to make 
EAGF and EAFRD payments under the CAP, and the existing Certification Bodies, they could 
expect to benefit from the reduced administrative costs of a common system. 

2.3.  Measures to prevent fraud and irregularities under shared management 

Specify existing or envisaged prevention and protection measures. 

The Structural Funds services together with OLAF have put in place a Joint Fraud Prevention 
Strategy which foresees a series of actions to be carried out both internally by the Commission 
and  involving  the  Member  States  to  prevent  fraud  in  structural  actions  under  shared 
management. 

The  Commission  Communication  of  24.6.2011  on  an  anti-fraud  strategy  (COM(2011)376 
final) welcomes the existing strategy as a best practice initiative and envisages complementary 
actions  to  it,  the  most  important  being  that  the  Commission  proposal  for  2014-2020 
regulations  request  Member  States  to  put  in  place  fraud  prevention  strategies  which  are 
effective and proportionate to the identified fraud risks. 

46

47 
48 

Study  "Regional  governance  in  the  context  of  globalisation:  reviewing  governance  mechanisms  &  administrative  costs.  Administrative 
workload and costs for Member State public authorities of the implementation of ERDF and Cohesion Fund", 2010 
With the exception of data collection and control measures 
Exceptions clearly identified and justified in policy terms (small scale fisheries, collective actions, remote Greek 
islands, outermost regions). 

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The  current  Commission  proposal  includes  an  explicit  requirement  to  put  in  place  such 
strategies  under  article  86(4)('c).  This  should  reinforce  fraud  awareness  in  Member  States 
among all bodies involved in the management and control of funds and thus reduce the risk of 
fraud.  The  proposed  regulation  would  require  Member  States  to  put  in  place  effective  and 
proportionate anti-fraud measures taking into account the identified risks. 

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3. 

3.1. 

ESTIMATED FINANCIAL IMPACT OF THE PROPOSAL/INITIATIVE  

Heading(s)  of  the  multiannual  financial  framework  and  expenditure  budget  line(s) 
affected  

•  Existing expenditure budget lines  

In order of multiannual financial framework headings and budget lines. 

Under shared management 

Budget line 

Type of  
expenditure

Contribution  

Number  
[Description………………………...……….] 

Diff./non-
diff 
(49) 

from 
EFTA50 
countries 

from 
candidate 
countries51 

from third 
countries 

within the meaning 
of Article 18(1)(aa) 
of the Financial 
Regulation  

11.02: Fisheries markets  

11.06: European Fisheries Fund (EFF) 

11.07  01:  Conservation,  management  and 
exploitation of living aquatic resources 

11.08:  Control  and  enforcement  of  the  common 
fisheries policy 

Under direct management 

Diff. 

NO 

NO 

NO 

NO 

Budget line 

Type of  
expenditure

Contribution  

Number  
[Description………………………...……….] 

Diff./non-
diff 
(52) 

from 
EFTA53 
countries 

from 
candidate 
countries54 

from third 
countries 

within the meaning 
of Article 18(1)(aa) 
of the Financial 
Regulation  

11.01:  Administrative  expenditure  of 
‘Maritime affairs and fisheries’ policy area 

the 

11.02: Fisheries markets 

11.03 03: Preparatory work for new international 
other 
fisheries 
non-
compulsory 
international 
organisations 

organisations 

contributions 

and 
to 

11.04:  Governance  of  the  common  fisheries 
policy 

11.06  11:  European  Fisheries  Fund  (EFF) 

Diff. 

NO 

NO 

NO 

NO 

Heading of 
multiannual 
financial 
framework 

HEADI
NG 2 
Sustaina
ble 
Growth 
– natural 
resource
s 

Heading of 
multiannual 
financial 
framework 

HEADI
NG 2 
Sustaina
ble 
Growth 
– natural 
resource
s 

49 
50 
51 
52 
53 
54 

Diff. = Differentiated appropriations / Non-Diff. = Non-differentiated appropriations 
EFTA: European Free Trade Association.  
Candidate countries and, where applicable, potential candidate countries from the Western Balkans. 
Diff. = Differentiated appropriations / Non-Diff. = Non-differentiated appropriations 
EFTA: European Free Trade Association.  
Candidate countries and, where applicable, potential candidate countries from the Western Balkans. 

EN 

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Technical assistance 

11.07  02:  Conservation,  management  and 
exploitation of living aquatic resources 

11.08:  Control  and  enforcement  of  the  common 
fisheries policy 
11.09: Maritime policy 

EN 

119 

   EN 

 
 
3.2. 

Estimated impact on expenditure  

3.2.1. 

Summary of estimated impact on expenditure  

Heading of multiannual financial 
framework:  

Number 
2 

Sustainable Growth – natural resources 

EUR million (to 3 decimal places) 

DG: MARE 

2014 

2015 

2016 

2017 

2018 

2019 

2020 

2021 

2022 

2023  or 
later 

TOTAL 

(cid:121) Operational appropriations  

Number of budget line 
Shared management 

Number of budget line 
Direct Management 

Commitments 

Payments 
(indicative) 

Commitments 

Payments 
(indicative) 

(1) 

(2) 

(1a) 

(2a) 

732 

748 

768 

787 

812 

828 

845 

5 520 

220.8 

441.6 

662.4 

662.4 

662.4 

662.4 

662.4 

662.4 

607.2 

276 

5 520 

115 

129 

140 

142 

145 

149 

155 

28.75 

89.75 

128.25 

137.75 

142.25 

145.25 

149.5  114.75 

38.75 

administrative  nature 

of 

an 

Appropriations 
from the envelope for specific programmes55  
TECHNICAL ASSISTANCE 
Number of budget line 
11 01 04 01 - 11 01 04 02 – 11 01 04 03 - 
11 01 04 04 - 11 01 04 05 - 11 01 04 06 – 
11 01 04 07 - 11 01 04 08 - 11 06 11 

financed 

(3) 

10 

10 

10 

10 

10 

11 

11 

857 

887 

918 

939 

967 

988 

1 011 

TOTAL appropriations 

Commitments 

Payments 

(indicative) 

=1+1a 
+3 

=2+2a 

+3 

259.55 

541.35 

800.65 

810.15 

814.65 

818.65 

822.9  777.15  645.95 

276 

6 567 

975 

975 

72 

6567 

55 

EN 

Technical and/or administrative assistance and expenditure in support of the implementation of EU programmes and/or actions (former "BA" lines), indirect research, direct 
research. 

120 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
(cid:121) TOTAL operational appropriations  

Commitments 

Payments 
(indicative) 

(cid:121)  TOTAL  appropriations  of  an  administrative  nature 
financed from the envelope for specific programmes  

(4) 

(5) 

(6) 

847 

877 

908 

929 

957 

977 

1000 

249.55 

531.35 

790.65 

800.15 

804.65 

807.65 

811.9 

777.15 

645.95 

10 

10 

10 

10 

10 

11 

11 

TOTAL appropriations  
for EMFF 

Commitments 

=4+ 6 

857 

887 

918 

939 

967 

988 

1011 

Payments 
(indicative) 

=5+ 6 

259.99 

541.35 

800.65 

810.15 

814.65 

818.65 

822.9  777.15 

645.95 

276 

6 567* 

6 495 

276 

6 495 

72 

6 567* 

*  In  addition  to  the  amount  foreseen  for  the  EMFF,  an  envelope  is  foreseen  to  cover  Sustainable  Fisheries  Agreements  and  EU  membership  in 
International  Organisations  and  Regional  Fisheries  Management  Organisations,  which  have  their  own  individual  basic  acts.  The  envelope  for  both 
actions amounts to EUR 968 million which is distributed in the following manner: 

2014 

146 

2015 

141 

2016 

136 

2017 

136 

2018 

136 

2019 

137 

2020 

136 

TOTAL 

968 

EN 

121 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
Heading of multiannual financial 
framework:  

5 

" Administrative expenditure " 

Year 
2014 

Year 
2015 

Year 
2016 

Year 
2017 

Year 
2018 

Year 
2019 

Year
2020 

Year 
2021 

Year 
2022 

 2023 or 
later 

TOTAL 

EUR million (to 3 decimal places) 

DG: MARE 

(cid:121) Human resources  

11.432  11.432  11.432  11.432  11.432 

11.432 

11.432 

(cid:121) Other administrative expenditure 

3.260 

3.260 

3.260 

3.260 

3.260 

3.260 

3.260 

TOTAL DG MARE 

Appropriations. 

14.692  14.692  14.692  14.692  14.692 

14.692 

14.692 

80.024 

22.820 

102.844 

TOTAL appropriations 
under HEADING 5 
of the multiannual financial framework  

(Total  commitments 
= Total payments) 

14.692  14.692 

14.692  14.692 

14.692 

14.692 

14.692 

  102.844 

Year 
2014 

Year 
2015 

Year 
2016 

Year 
2017 

Year 
2018 

Year 
2019 

Year 
2020 

Year 
2021 

Year 
2022 

2023 
or 
later 

TOTAL appropriations  
under HEADINGS 1 to 5 
of the multiannual financial 
framework  

Commitments 

871,692  901,692  932,692  953,692  981,692 

1 
002,692 

1 
025,692 

Payments 

274.242  556.042  815.342  824.842  829.342  833.342  837.592  777.15  645.95 

276 

TOTAL 

6 
669.844 

6 
669.844 

EUR million (to 3 decimal places) 

EN 

122 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
3.2.2.  Estimated impact on operational appropriations  

–  (cid:133)  The proposal/initiative does not require the use of operational appropriations  

–  (cid:133)  The proposal/initiative requires the use of operational appropriations, as explained below: 

While strategic priorities are set at the EU level, common  output  indicators  will  be  set  with  in  cooperation  with  MS.  The  quantified 
targets linked to these indicators will be known only when the operational programmes submitted by the MS will be adopted by the 
Commission. It is therefore not possible to indicate targets for outputs before 2013/2014. 

Specific objective under shared management 

Year 
2014 

Year 
2015 

Year 
2016 

Year 
2017 

OUTPUTS 

Commitment appropriations in EUR million (to 3 decimal places) 

Year 
2018 

Year 
2019 

Year 
2020 

TOTAL 

Type 
of 
output
56 

Avera
ge 
cost  
of the 
output 

r
e
b
m
u
N

s
t
u
p
t
u
o

f
o

Cost 

r
e
b
m
u
N

s
t
u
p
t
u
o

f
o

Cost 

r
e
b
m
u
N

s
t
u
p
t
u
o

f
o

Cost 

r
e
b
m
u
N

s
t
u
p
t
u
o

f
o

Cost 

r
e
b
m
u
N

s
t
u
p
t
u
o

f
o

Cost 

r
e
b
m
u
N

s
t
u
p
t
u
o

f
o

Cost 

r
e
b
m
u
N

s
t
u
p
t
u
o

f
o

Cost 

Total 
number 
of 
outputs 

Total  
cost 

Indicate 
objectives and 
outputs  

(cid:216) 

SPECIFIC OBJECTIVE .57… 
• 
• 
• 
• 
• 
• 
• 
• 
• 
• 

Support to innovation and knowledge transfer  
Enhancement of the competitiveness and viability of fisheries, small scale coastal fisheries in particular  
Development of new professional skills.  
Improved market organisation for fishery  
Support to innovation and knowledge transfer 
Enhancement of the competitiveness and viability of aquaculture enterprises, SMEs in particular 
Development of new professional skills 
Improved market organisation for aquaculture products 
Reduction of the impact of fisheries on the marine environment  
Protection and restoration of marine biodiversity and ecosystems, in the context of sustainable fishing  

56 
57 

Outputs are products and services to be supplied (e.g.: number of student exchanges financed, number of km of roads built, etc.). 
As described in Section 1.4.2. "Specific objective(s)…" 

EN 

123 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
• 
• 
• 
• 
• 
• 

Increased supply of scientific knowledge and collection of data for sustainable fisheries management 
Increased compliance through control 
Enhancement of ecosystems dependent on aquaculture and promotion of resource efficient aquaculture  
Reduction of the impact of aquaculture on the environment) 
Promotion of economic growth, social inclusion and creation of jobs in coastal and inland communities depending on fishing and aquaculture 
Diversification of fishing activities into other sectors of maritime economy and growth of maritime economy 

- Output 

To be defined 
later 

731 

746 

766 

785 

809 

826 

843 

5 506 

Sub-total for specific objective  

TOTAL COST 

731 

731 

746 

746 

766 

766 

785 

785 

809 

809 

826 

826 

843 

843 

5 506 

5 506 

Control 

Indicate 
objectives and 
outputs  

Specific objectives under direct management 

Year 
2014 

Year 
2015 

Year 
2016 

Year 
2017 

OUTPUTS 

Year 
2018 

Year 
2019 

Year 
2020 

TOTAL 

(cid:216) 

Type of 
output58 

Average 
cost  
of the 
output 

r
e
b
m
u
N

s
t
u
p
t
u
o

f
o

Cost 

r
e
b
m
u
N

s
t
u
p
t
u
o

f
o

Cost 

r
e
b
m
u
N

s
t
u
p
t
u
o

f
o

Cost 

r
e
b
m
u
N

s
t
u
p
t
u
o

f
o

Cost 

r
e
b
m
u
N

s
t
u
p
t
u
o

f
o

Cost 

r
e
b
m
u
N

s
t
u
p
t
u
o

f
o

Cost 

r
e
b
m
u
N

s
t
u
p
t
u
o

f
o

Cost 

Total 
number 
of 
outputs 

Total  
cost 

SPECIFIC OBJECTIVE 59… 

Increased compliance thorough control 

To promote 
joint (i.e. 

Number of 
vessels 

6.25 

4 

25 

2 

12.5 

4 

25 

2 

12.5 

2 

12.5 

2 

12.5 

2 

12.5 

18 

112.5 

58 
59 

Outputs are products and services to be supplied (e.g.: number of student exchanges financed, number of km of roads built, etc.). 
As described in Section 1.4.2. "Specific objective(s)…" 

EN 

124 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
multi-national) 
control vessels 
in a 
geographical 
area 

To promote 
joint (i.e. 
multi-national) 
control vessels 
in a 
geographical 
area 

To promote 
joint (i.e. 
multi-national) 
control vessels 
in a 
geographical 
area 

- Output 

Missions to 
ensure the 
implementation 
of the rules of 
the CFP 

purchased 
jointly by 
MS 

(80% of 
the total 
price of 
7.812) 

Number of 
helicopters 
purchased 
jointly by 
MS 

12.5 

(80% of 
the total 
price of 
15.625) 

Number of 
aircrafts 
purchased 
jointly by 
MS 

13.5 

(80% of 
the total 
price of 
16.875) 

1 

12.5 

1 

12.5 

1 

12.5 

3 

37.5 

1 

13.5 

1 

13.5 

2 

27 

N/A 

6.667  

150 

1 

150 

1 

150 

1 

150 

1 

150 

1 

150 

1 

150 

1 

1050 

7 

Number of 
inspections 
conducted 
jointly by 
MS 

Number of 
inspections, 
audit and 
verification 
conducted 
by COM 
inspectors 

Meetings if 
fisheries group 
experts group 
to ensure the 
implementation 
of the rules of 

Number of 
fisheries 
group 
experts 
group 
meetings 

EN 

0.017 

30 

0.5 

30 

0.5 

30 

0.5 

30 

0.5 

30 

0.5 

30 

0.5 

30 

0.5 

210 

3.5 

125 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
the CFP 

- Output 

Developm. 
IT 
of 
applic. 
to 
support 
inspection 
and control 

N/A 

1.5 

1.5 

1.5 

1.5 

15 

1.5 

1.5 

10.5 

Total for specific objective 

28 

28 

28 

28 

28 

29 

29 

198 

Fisheries Market 

Indicate 
objectives and 
outputs  

Year 
2014 

Year 
2015 

Year 
2016 

Year 
2017 

OUTPUTS 

Commitment appropriations in EUR million (to 3 decimal places) 

Year 
2018 

Year 
2019 

Year 
2020 

TOTAL 

(cid:216) 

Type of 
output60 

Average 
cost  
of the 
output 

r
e
b
m
u
N

s
t
u
p
t
u
o

f
o

Cost 

r
e
b
m
u
N

s
t
u
p
t
u
o

f
o

Cost 

r
e
b
m
u
N

s
t
u
p
t
u
o

f
o

Cost 

r
e
b
m
u
N

s
t
u
p
t
u
o

f
o

Cost 

r
e
b
m
u
N

s
t
u
p
t
u
o

f
o

Cost 

r
e
b
m
u
N

s
t
u
p
t
u
o

f
o

Cost 

r
e
b
m
u
N

s
t
u
p
t
u
o

f
o

Cost 

Total 
number 
of 
outputs 

Total  
cost 

SPECIFIC OBJECTIVE  
To assist actors of the industry in developing more adequate production planning and marketing and public bodies in achieving a better understanding of market situation and leading 
relevant policy through continuous, reliable and easily accessible information on markets.61… 

- Output 

Information 
for policy-
makers 

5 

Sub-total for specific objective 

5 

5 

5 

5 

5 

5 

5 

5 

5 

5 

5 

5 

5 

5 

35 

35 

60 
61 

Outputs are products and services to be supplied (e.g.: number of student exchanges financed, number of km of roads built, etc.). 
As described in Section 1.4.2. "Specific objective(s)…" 

EN 

126 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
TOTAL COST 

5 

5 

5 

5 

5 

5 

5 

35 

Scientific Advice 

Indicate 
objectives and 
outputs  

(cid:216) 

Year 
2014 

Year 
2015 

Year 
2016 

Year 
2017 

OUTPUTS 

Year 
2018 

Year 
2019 

Year 
2020 

Total 

Type 
of 
output
62 

Avera
ge 
cost  
of the 
output 

r
e
b
m
u
N

s
t
u
p
t
u
o

f
o

Cost 

r
e
b
m
u
N

s
t
u
p
t
u
o

f
o

Cost 

r
e
b
m
u
N

s
t
u
p
t
u
o

f
o

Cost 

r
e
b
m
u
N

s
t
u
p
t
u
o

f
o

Cost 

r
e
b
m
u
N

s
t
u
p
t
u
o

f
o

Cost 

r
e
b
m
u
N

s
t
u
p
t
u
o

f
o

Cost 

r
e
b
m
u
N

s
t
u
p
t
u
o

f
o

Cost 

Total  
cost 

SPECIFIC OBJECTIVE 
Obtain advice based in science and 
economics as basis for proposals for 
regulation under the CFP and related 
actions by Member States 

Studies related 
to CFP 

Resear
ch and 
advisor
y 
reports 

Support to 
STECF meetings 
by JRC 

logistic 
suppor
t 

STECF 
operation 

indem
nities 
for 
experts 

* 

1.688 

* 

1.739 

* 

1.791 

* 

1.845

* 

1.9 

* 

1.957 

* 

2.016 

* 

12.936 

27 

1.126 

27 

1.159 

27 

1.194 

27 

1.23 

27 

1.267 

27 

1.305 

27 

1.344 

189 

8.625 

* 

1.013 

* 

1.043 

* 

1.075 

* 

1.107

* 

1.14 

* 

1.174 

* 

1.21 

* 

7.762 

62 

Outputs are products and services to be supplied (e.g.: number of student exchanges financed, number of km of roads built, etc.). 

EN 

127 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
Advice for fish 
stocks and 
ecosystems 

Scientific 
Partnerships 

databa
ses and 
experti
se 

study 
project
s

Ecosystem and 
economic advice

advice 
reports 

* 

1.688 

* 

1.739 

* 

1.791 

* 

1.845

* 

1.9 

* 

1.957 

* 

2.016 

* 

12.936 

* 

2.251 

* 

2.319 

* 

1.234 

* 

5.001 

* 

* 

2.388 

4.761 

* 

* 

2.46 

* 

2.534 

* 

2.61 

6.513

* 

6.259 

* 

5.997 

* 

* 

2.688 

* 

17.25 

6.726 

* 

36.491 

Sub-total for specific objective 

TOTAL COST 

9 

9 

13 

13 

13 

13 

15 

15 

15 

15 

15 

15 

16 

16 

96 

96 

Data Collection Regional, Studies & Scientific Advice 

Indicate 
objectives 
and 
outputs  

(cid:216) 

Type of 
output63 

Year 
2014 

Year 
2015 

Year 
2016 

Year 
2017 

Year 
2018 

Year 
2019 

Year 
2020 

TOTAL 

OUTPUTS 

Avera
ge 
cost  
of the 
output 

r
e
b
m
u
N

s
t
u
p
t
u
o

f
o

Cost 

r
e
b
m
u
N

s
t
u
p
t
u
o

f
o

Cost 

r
e
b
m
u
N

s
t
u
p
t
u
o

f
o

Cost 

r
e
b
m
u
N

s
t
u
p
t
u
o

f
o

Cost 

r
e
b
m
u
N

s
t
u
p
t
u
o

f
o

Cost 

r
e
b
m
u
N

s
t
u
p
t
u
o

f
o

Cost 

r
e
b
m
u
N

s
t
u
p
t
u
o

f
o

Cost 

Total 
number 
of 
outputs 

Total  
cost 

SPECIFIC OBJECTIVE 64 Data 
Collection Regional Cooperation 

- Output 

Regional 
Data bases 

0.5 

2 

1 

2 

1 

2 

1 

2 

1 

2 

1 

2 

1 

2 

1 

14 

7 

63 
64 

Outputs are products and services to be supplied (e.g.: number of student exchanges financed, number of km of roads built, etc.). 
As described in Section 1.4.2. "Specific objective(s)…" 

EN 

128 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
- Output 

Regional 
Coordination 
projects 

0.5 

2 

1 

6 

3 

Sub-total for specific objective 

4 

2 

8 

SPECIFIC OBJECTIVE Studies 

- Output 

Studies 

0.5 

Sub-total for specific objective  

10 

10 

TOTAL COST 

Governance 

10 

10 

5 

5 

7 

4 

5 

5 

9 

6 

8 

10 

10 

6 

8 

10 

10 

3 

4 

5 

5 

9 

3 

4 

2 

4 

2 

8 

4 

36 

18 

4 

6 

3 

6 

3 

10 

5 

50 

25 

5 

5 

9 

12 

12 

12 

12 

6 

6 

9 

6 

6 

9 

14 

14 

7 

7 

12 

78 

78 

39 

39 

64 

2014 

2015 

2016 

2017 

2018 

2019 

2020 

TOTAL 

Indicate 
objectives and 
outputs  

(cid:216) 

Type 
of 
output
65 

Avera
ge 
cost  
of the 
output 

r
e
b
m
u
N

s
t
u
p
t
u
o

f
o

SPECIFIC OBJECTIVE 
66Governance of the CFP  

OUTPUTS 

Cost 

r
e
b
m
u
N

s
t
u
p
t
u
o

f
o

Cost 

r
e
b
m
u
N

s
t
u
p
t
u
o

f
o

Cost 

r
e
b
m
u
N

s
t
u
p
t
u
o

f
o

Cost 

r
e
b
m
u
N

s
t
u
p
t
u
o

f
o

Cost 

r
e
b
m
u
N

s
t
u
p
t
u
o

f
o

Cost 

r
e
b
m
u
N

s
t
u
p
t
u
o

f
o

Cost 

Total 
number 
of 
outputs 

Total  
cost 

- Output: 
Advisory 
Councils 

Servic
es 

0.33 

9 

3 

9 

3 

9 

3 

9 

3 

9 

3 

9 

3 

9 

3 

9 

21 

65 
66 

Outputs are products and services to be supplied (e.g.: number of student exchanges financed, number of km of roads built, etc.). 
As described in Section 1.4.2. "Specific objective(s)…" 

EN 

129 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
0.1 

40 

4 

40 

4 

50 

5 

50 

5 

50 

5 

60 

6 

60 

6 

350 

35 

Produc
ts 

- Output: 
information, 
communication 
and Commission 
meetings with 
experts/stakehol
ders 

Sub-total for specific objective  

49 

TOTAL COST 

49 

7 

7 

49 

49 

7 

7 

59 

59 

8 

8 

59 

59 

8 

8 

59 

59 

8 

8 

69 

69 

9 

9 

69 

69 

9 

9 

359 

359 

56 

56 

Integrated Maritime Policy 

Indicate 
objectives 
and 
outputs  

(cid:216) 

Year 

2014 

Year 

2015 

Year 

2016 

Year 

2017 

Year 

2018 

Year 

2019 

Year 

2020 

TOTAL 

Type 
output[1] 

of 

r
e
b
m
u
N

s

r
e
b
m
u
N

s

r
e
b
m
u
N

s

r
e
b
m
u
N

s

r
e
b
m
u
N

s

r
e
b
m
u
N

s

r
e
b
m
u
N

s

Cost o

f

t
u
p
t
u
o

Cost o

f

t
u
p
t
u
o

Cost o

f

t
u
p
t
u
o

Cost o

f

t
u
p
t
u
o

Cost o

f

t
u
p
t
u
o

Cost o

f

t
u
p
t
u
o

Average 

cost  o

f

t
u
p
t
u
o

Total 
number 
of 
outputs 

Total 

cost 

Cost 

OUTPUTS 

SPECIFIC OBJECTIVE No 1: Promote 
integrated maritime governance at local, 
regional, national, sea basin, EU and 
international level 

Output:  actions  supporting 
integrated 
in 
approaches  of  maritime 
Member  States  and  in  European  sea 
basins 

affairs 

 3,01 

 3,33 

 3,93 

 3,93  

 4,06 

 4,06 

 4,25 

 26,57 

EN 

130 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
  
  
  
 
 
 
 
 
 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
 
 
 
 
 
  
  
  
  
  
  
  
  
Output:  umber  of  bilateral  and  regional 
framework,  and  meetings  with  key 
partners, 
international 
collaboration on maritime affairs 

improving 

 0,16 

 0,17 

 0,21 

 0,21  

 0,21 

 0,21 

 0,22 

 1,39  

Sub-total for specific objective N°1 

 3,17 

 3,50 

 4,14 

 4,14  

 4,27 

 4,27 

 4,47 

 27,96 

SPECIFIC OBJECTIVE No 2: Develop 
cross-sectoral actions that are mutually 
beneficial to different maritime sectors 
and/or sectoral policies 

Actions 

supporting 

Output: 
the 
implementation  of  Maritime  Spatial 
Planning  in  Member  States  and  across 
European sea basins 

 1,76 

 2,50 

 3,99 

 3,99  

 4,28 

 4,28 

 4,73 

 25,53 

Output: Number of surveillance data sets 
exchanged between sectors 

Output:  Number  of  downloads  of  data 
assembled 
through  European  Marine 
Observation and Data Network  

11,34 

12,50 

14,81 

14,81 

15,28 

15,28 

15,98 

100,00 

23,82 

26,25 

31,11 

31,11 

32,09 

32,09 

33,54 

210,01 

Sub-total for specific objective N°2 

36,92 

41,25 

49,91 

49,91 

51,65 

51,65 

54,25 

335,54 

SPECIFIC OBJECTIVE No 3: Support 
sustainable growth, employment and 
innovation in maritime sectors. 

Output : number of selected project with 
direct innovation support. 

Output: number of Awareness and 
dissemination actions on EU, national and 
regional level; 

 2,27 

 2,51 

 2,96 

 2,96  

 3,05 

 3,05 

 3,20 

 20,00 

 1,13 

 1,25 

 1,48 

 1,48  

 1,53 

 1,53 

 1,60 

 10,00 

Sub-total for specific objective N°3 

 3,40 

 3,76 

 4,44 

 4,44  

 4,58 

 4,58 

 4,80 

 30,00 

EN 

131 

EN 

 
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
 
 
 
 
 
 
 
  
 
 
 
 
 
 
 
 
  
  
  
  
  
  
  
  
  
 
  
 
  
 
  
 
  
 
  
 
  
 
  
 
  
 
  
 
  
 
  
 
  
 
  
 
  
 
  
 
  
 
  
 
  
 
  
 
  
 
  
 
  
 
  
 
 
 
 
 
 
 
 
  
 
 
 
 
 
 
 
 
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
SPECIFIC OBJECTIVE No 4: Protection of the marine environment 
and sustainable use of the marine and coastal resources. 

Output: Actions supporting 
the implementation of Marine 
Strategy Framework 
Directive. 

 5,50 

 5,50 

 5,50 

 5,50  

 5,50 

 5,50 

 5,50 

 38,50 

TOTAL COST 

 49  

54 

64 

64 

66 

66 

69 

432 

Regional Fisheries Management Organisation (RFMO) - voluntary 

Indicate 
objectives 
and 
outputs  

Year 
2014 

Year 
2015 

Year 
2016 

Year 
2017 

Year 
2018 

Year 
2019 

Year 
2020 

TOTAL 

OUTPUTS 

Type of output67 

(cid:216) 

Average 
cost  
of the 
output 

r
e
b
m
u
N

s
t
u
p
t
u
o

f
o

Cost 

r
e
b
m
u
N

s
t
u
p
t
u
o

f
o

Cost 

r
e
b
m
u
N

s
t
u
p
t
u
o

f
o

Cost 

r
e
b
m
u
N

s
t
u
p
t
u
o

f
o

Cost 

r
e
b
m
u
N

s
t
u
p
t
u
o

f
o

Cost 

r
e
b
m
u
N

s
t
u
p
t
u
o

f
o

Cost 

r
e
b
m
u
N

s
t
u
p
t
u
o

f
o

Cost 

Total 
number 
of 
outputs 

Total  
cost 

SPECIFIC OBJECTIVE68… 

- Output 

Preparatory  work 
internatio
new 
fisheries  organisati
and 
n
compulsory 
contributions 
international 
organisations 

other 

18 

10 

18 

13 

18 

13 

18 

13 

18 

14 

18 

16 

18 

15 

126 

94 

67 
68 

Outputs are products and services to be supplied (e.g.: number of student exchanges financed, number of km of roads built, etc.). 
As described in Section 1.4.2. "Specific objective(s)…" 

EN 

132 

EN 

 
  
 
 
 
 
  
 
 
 
 
 
 
 
 
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
TOTAL COST 

18 

10 

18 

13 

18 

13 

18 

13 

18 

14 

18 

16 

18 

15 

126 

94 

EN 

133 

EN 

 
  
 
3.2.3.  Estimated impact on appropriations of an administrative nature 

3.2.3.1.  Summary  

–  (cid:133)  The  proposal/initiative  does  not 

require 

the  use  of  administrative 

appropriations  

–  (cid:133)  The  proposal/initiative  requires  the  use  of  administrative  appropriations,  as 

explained below: 

EUR million (to 3 decimal places) 

Year 
2014 

Year 
2015 

Year 
2016 

Year 
2017 

Year 
2018 

Year 
2019 

Year 
2020 

TOTAL 

HEADING 5 
of the multiannual 
financial framework 

Human resources  

11.432 

11.432 

11.432 

11.432 

11.432 

11.432 

11.432 

80.024 

3.260 

3.260 

3.260 

3.260 

3.260 

3.260 

3.260 

22.820 

14.692 

14.692 

14.692 

14.692 

14.692 

14.692 

14.692 

102.844 

Other  administrative 
expenditure  

Subtotal HEADING 5 
of the multiannual 
financial framework  

Outside HEADING 569 
of the multiannual 
financial framework  

Human resources  

1.724 

1.724 

1.724 

1.724 

1.724 

1.724 

1.724 

12.068 

expenditure  
Other 
of  an  administrative 
nature 

Subtotal  
outside HEADING 5 
of the multiannual 
financial framework  

8.276 

8.276 

8.276 

8.276 

8.276 

9.276 

9.276 

59.932 

10 

10 

10 

10 

10 

11 

11 

72 

TOTAL 

24.692 

24.692 

24.692 

24.692 

24.692 

25.692 

25.692 

174.844 

69 

Technical  and/or  administrative  assistance  and  expenditure  in  support  of  the  implementation  of  EU 
programmes and/or actions (former "BA" lines), indirect research, direct research. 

EN 

134 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
 Estimated requirements of human resources  

–  (cid:133)  The proposal/initiative does not require the use of human resources  

–  (cid:133)  The  proposal/initiative  requires  the  use  of  human  resources,  as  explained 

below: 

Estimate to be expressed in full amounts (or at most to one decimal place) 

Year
2014 

Year
2015 

Year 
2016 

Year 2017 

Year
2018 

Year
2019

lishment plan posts (officials and temporary agents) 

11 01 01 01 (Headquarters and 
Commission’s Representation 
Offices) 

82 

82 

82 

XX 01 01 02 (Delegations) 

1 

1 

1 

82 

1 

82 

82 

1 

1 

XX 01 05 01 (Indirect 
research) 

10 01 05 01 (Direct research) 

(cid:121) External personnel (in Full Time Equivalent unit: FTE)70 

11 01 02 01 (CA, INT, SNE 
from the "global envelope") 

XX 01 02 02 (CA, INT, JED, 
LA and SNE in the 
delegations) 

12 

12 

12 

12 

12 

12 

11 01 04  

- at 
Headqua
rters71 

- in 
delegati
ons  

16 

16 

16 

7 

7 

7 

16 

7 

16 

16 

7 

7 

XX 01 05 02 (CA, INT, SNE - 
Indirect research) 

10 01 05 02 (CA, INT, SNE - 
Direct research) 

Other budget lines (specify) 

TOTAL 

118 

118 

118 

118 

118 

118

XX is the policy area or budget title concerned. 

The human resources required will be met by staff from the DG who are already assigned to 
management of the action and/or have been redeployed within the DG, together if necessary 
with any additional allocation which may be granted to the managing DG under the annual 
allocation procedure and in the light of budgetary constraints. 

Description of tasks to be carried out: 

70 

71 

CA= Contract Agent; INT= agency staff ("Intérimaire"); JED= "Jeune Expert en Délégation" (Young 
Experts in Delegations); LA= Local Agent; SNE= Seconded National Expert;  
Essentially  for  Structural  Funds,  European  Agricultural  Fund  for  Rural  Development  (EAFRD)  and 
European Fisheries Fund (EFF). 

EN 

135 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
Officials and temporary agents 

External personnel 

EN 

136 

   EN 

 
 
 
3.2.4.  Compatibility with the current multiannual financial framework  

–  (cid:133)  Proposal/initiative is compatible the next multiannual financial framework. 

–  (cid:133)  Proposal/initiative  will  entail  reprogramming  of  the  relevant  heading  in  the 

multiannual financial framework. 

Explain what reprogramming is required, specifying the budget lines concerned and the corresponding 
amounts. 

–  (cid:133)  Proposal/initiative requires application of the flexibility instrument or revision 

of the multiannual financial framework72. 

Explain what is required, specifying the headings and budget lines concerned and the corresponding 
amounts. 

3.2.5.  Third-party contributions under shared management  

–  The proposal/initiative does not provide for co-financing by third parties  

–  (cid:133)  The  proposal  provides  that  European  funding  needs  to  be  co-financed  by 
Member  States.  The  exact  amount  cannot  be  quantified  until  adoption  of  the 
operational programmes: 

Appropriations in EUR million (to 3 decimal places) 

Year 
N 

Year 
N+1 

Year 
N+2 

Year 
N+3 

… enter as many years as 
necessary to show the duration 
of the impact (see point 1.6) 

Total 

Specify  the  co-financing 
body  

TOTAL 
cofinanced  

appropriations 

72 

See points 19 and 24 of the Interinstitutional Agreement. 

EN 

137 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
3.3. 

Estimated impact on revenue  

–  (cid:133)  Proposal/initiative has no financial impact on revenue. 

–  (cid:133)  Proposal/initiative has the following financial impact: 

– 

– 

(cid:133) 

(cid:133) 

on own resources  

on miscellaneous revenue  

Appropriations 
available for the 
ongoing budget 
year 

Budget revenue line: 

Article …………. 

EUR million (to 3 decimal places) 

Impact of the proposal/initiative73 

Year 
N 

Year 
N+1 

Year 
N+2 

Year 
N+3 

… insert as many columns as necessary 
in order to reflect the duration of the 
impact (see point 1.6) 

For miscellaneous assigned revenue, specify the budget expenditure line(s) affected. 

Specify the method for calculating the impact on revenue. 

73 

As regards traditional own resources (customs duties, sugar levies), the amounts indicated must be net 
amounts, i.e. gross amounts after deduction of 25% for collection costs. 

EN 

138 

   EN