Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Regulation (EU) No 508/2014 as regards certain rules relating to the European Maritime and Fisheries Fund by reason of the withdrawal of the United Kingdom from the Union
Date: 2019-01-23
Institutions: Directorate-General for Maritime Affairs and Fisheries, European Commission
Subjects: EU waters, European Maritime and Fisheries Fund, United Kingdom, common fisheries policy, exclusive economic zone, fishing area, fishing vessel, sea fishing, territorial waters, withdrawal from the EU

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   EUROPEAN COMMISSION  Brussels, 23.1.2019  COM(2019) 48 final 2019/0009 (COD)  Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Regulation (EU) No 508/2014 as regards certain rules relating to the European Maritime and Fisheries Fund by reason of the withdrawal of the United Kingdom from the Union  
 
 
EXPLANATORY MEMORANDUM 

1. 

• 

CONTEXT OF THE PROPOSAL 

Reasons for and objectives of the proposal 

The  United  Kingdom  submitted  on  29  March  2017  the  notification  of  its  intention  to 
withdraw from the Union pursuant to Article 50 of the Treaty on European Union. This means 
that, if the Withdrawal Agreement is not ratified, the Union's primary and secondary law will 
cease  to  apply  to  the  United  Kingdom  from  30  March  2019  (‘the  withdrawal  date’).  The 
United Kingdom will then become a third country. 

The Commission Communication ‘Preparing for the withdrawal of the United Kingdom from 
the European Union on 30 March 2019: a Contingency Action Plan’ of 13 November 2018 set 
out the contingency measures it plans to take if no withdrawal agreement enters into force on 
the withdrawal date. In that Communication, the Commission listed the actions it considered 
necessary  while  recalling  that  additional  actions  may  be  necessary  at  a  later  stage.  The 
Communication also  presented the six general  principles which contingency measures at  all 
levels should comply with. These include the principles that measures should not replicate the 
benefits of membership of the Union, nor the terms of any transition period, as provided for in 
the Withdrawal Agreement; they must be temporary in nature and should in principle not go 
beyond the end of 2019; and they must be unilateral actions of the European Union in pursuit 
of its interests, and therefore in principle the Union can revoke them at any time. 

The  European  Council  (Article  50)  reiterated  its  call,  on  13  December  2018,  for  work  on 
preparedness  at  all  levels  for  the  consequences  of  the  United  Kingdom's  withdrawal  to  be 
intensified, taking into account all possible outcomes. The Commission presented a package 
of measures on 19 December 2018 in response to that call. On 17 and 18 December 2018 the 
Agriculture  and  Fisheries  Council  fixed  the  fisheries  opportunities  for  2019.  Based  on  this, 
and  taking  into  account  on-going  contacts  with  Member  States  on  the  significant  negative 
impact on the fisheries sector of a withdrawal of the United Kingdom without a withdrawal 
agreement,  and  the  fact  that  stakeholders  cannot  themselves  mitigate  these  adverse 
consequences,  the  Commission  has  concluded  that  two  contingency  measures  are  necessary 
for  the  fisheries  sector.  Alongside  this  measure  to  amend  the  European  Maritime  and 
Fisheries  Fund,  the  Commission  is  proposing  a  measure  on  the  sustainable  management  of 
external fishing fleets. 

Pursuant  to  Regulation  (EU)  No 1380/20131  (the  CFP  Basic  Regulation)  Union  fishing 
vessels have equal access to Union waters and resources subject to the rules of the Common 
Fisheries  Policy  (CFP).  As  from  the  withdrawal  date,  the  CFP  will  no  longer  apply  to  the 
United Kingdom. The United Kingdom waters (12 nautical miles territorial sea and adjacent 
exclusive economic zone) will then no longer be part of the Union waters. In the absence of 
any provisions to  the contrary, access  to  each other’s waters would no longer be automatic. 
The default scenario in the absence of other arrangements is that Union fishing vessels would 
not be authorised to fish in UK waters anymore and vice versa. 

1 
Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on 
the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and 
repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004/585/EC, 
OJ L 354, 28.12.2013, p. 22–61 

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The fisheries sector is a key component of the economic life of many coastal regions of the 
European Union. In view of the considerable uncertainties, in absence of an agreement with 
the  United  Kingdom,  Union  vessels  risk  losing  access  to  these  waters  and  fishing 
opportunities  therein.  This  would  have  immediate  significant  impacts  in  terms  of  fishing 
activities of the EU fleet, employment and economic returns. 

The  gross  added  value  of  fisheries  in  the  EU  was  4.5  billion  EUR  in  2016.  About  150.000 
jobs depend on fisheries, mostly in coastal areas where employment opportunities are limited. 
Fishing  activities  also  generate  employment  in  other  ancillary  sectors:  for  each  fisherman 
between 0.5 and 1 full time employment equivalent is created in ancillary activities. Member 
States  carry out  fishing  activities at  a value of €585 million  in  the United Kingdom  waters. 
The  overall  dependency  of  8  Member  States2  on United  Kingdom  waters  averages  14  %  of 
their overall landings, ranging from 50 % for the Belgium fleet to around 1 % for Spain. At 
the local community level the socio-economic impact can be significant, where fishing vessels 
are particularly dependent on access to United Kingdom waters. The fisheries sector also links 
up to ancillary activities upstream and downstream.  

The  impact  of  a  sudden  closure  of  UK  waters  to  Union  fishing  vessels  would  therefore  be 
substantial  for  specific  fleet  segments,  with  a  strong  negative  economic  impact  in  certain 
regions and coastal communities. As regions in several Member States along the Atlantic and 
North  Sea  coast  would  be  affected,  such  an  emergency  situation  requires  coordinated 
solutions at EU level.  

The scope for mitigating the impacts in this situation would be limited. Current UK catches in 
Union waters could be reclaimed by Union fishing vessels, but there might not be a complete 
match in the species concerned. The vessels and fleet segments most heavily impacted by a 
closure  of  United  Kingdom  waters  might  not  be  the  same  ones  fishing  for  the  species  that 
would become available in Union waters. Furthermore, there are limits to how much fishing 
efforts could be redirected from United Kingdom waters to Union waters for reasons related 
to  cost-effectiveness  and  quality  of  catches.  The  requirement  for  fishing  activities  to  be 
sustainable could also limit a redirection and concentration of fishing effort in Union waters. 
These options would therefore only ever be able to partially make up for the economic losses 
for  Union  fishing  vessels  resulting  from  a  loss  of  access  to  United  Kingdom  waters.  The 
economic impacts for the affected EU fleet segments would remain very significant.  

The  European  Maritime  and  Fisheries  Fund  (EMFF)  established  by  Regulation  (EU) 
No 508/2014  of  the  European  Parliament  and  of  the  Council3  is  the  fund  for  the  EU's 
maritime and fisheries policies for 2014-2020.  It is  one of the five European Structural  and 
Investment (ESI) Funds which complement each other and seek to promote a growth and job 
based recovery in  Europe.  The fund  helps  fishermen in  the transition  to  sustainable fishing; 
supports coastal communities in diversifying their economies and finances projects that create 
new jobs and improve quality of life along European coasts. 

Measures  are  already  available  under  the  EMFF  Regulation  for  mitigating  the  adverse 
economic  effects  resulting  from  the  withdrawal  of  the  United  Kingdom  from  the  European 
Union throughout the whole chain of production and marketing. Under shared management, 

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Belgium, Denmark, France, Germany, Ireland, Spain, Sweden, The Netherlands 
Regulation (EU) No 508/2014 of the European Parliament and of the Council of 15 May 2014 on the 
European  Maritime  and  Fisheries  Fund  and  repealing  Council  Regulations  (EC)  No  2328/2003,  (EC) 
No 861/2006, (EC) No 1198/2006 and (EC) No 791/2007 and Regulation (EU) No 1255/2011 of the 
European Parliament and of the Council (OJ L 149, 20.5.2014, p. 1).  

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Member States affected by the withdrawal of the United Kingdom from the European Union 
may  decide  to  redirect  available  appropriations  to  any  necessary  measure  mitigating  its 
consequences.  However,  this  discretion  is  currently  limited  to  some  priorities.  This  would 
limit  the  room  for  manoeuvre  Member  States  have  to  mitigate  the  impacts  of  a  closure  of 
United Kingdom waters on their fleets and would limit the effectiveness of those measures. 

The  EMFF  Regulation  provides  detailed  rules  and  arrangements  for  granting  financial 
compensation to fishermen and owners of fishing vessels in cases of temporary cessation of 
fishing activities. However, the criteria set to allow for temporary cessation do not allow for 
compensation  due  to  the  withdrawal  of  a  Member  State  from  the  European  Union  and  the 
subsequent loss of access to and fishing opportunities within the waters of that State. 

In  addition  to  the  measures  already  available  under  the  EMFF  Regulation,  this  proposal 
introduces  the  possibility  to  provide  public  support  for  the  temporary  cessation  of  fishing 
activities  for  fishermen  and  operators  that  have  significant  dependence  on  access  to  United 
Kingdom waters and who are affected by a closure of United Kingdom waters. This measure 
should be available from the day  following that  on which Union law ceases to  apply to  the 
United Kingdom pursuant to Article 50(3) of the Treaty on European Union. 

• 

Consistency with existing policy provisions in the policy area 

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

• 

Consistency with other Union policies 

The  measures  proposed  are  designed  in  accordance  with  the  objective  of  the  Common 
fisheries Policy and are consistent with the Union's policy on sustainable development.  

2. 

• 

LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY 

Legal basis 

The  legal  basis    is  Article  42  and  Article  43(2)  of  the  Treaty  on  the  Functioning  of  the 
European Union. 

• 

Subsidiarity  

The  proposed  act  would  amend  Union  Regulation  (EU)  No  508/2014,  so  as  to  provide 
financial  mitigation  measures  Union  vessels  impacted  by  a  possible  closure  of  the  United 
Kingdom  waters  due  to  the  withdrawal  of  the  United  Kingdom  from  the  European  Union. 
Action is therefore indispensable at Union level and the result could not be achieved through 
action  at  Member  State  level.  Provisions  of  this  proposal  are  implemented  within  the 
framework  of  shared  management  in  accordance  with  Regulation  (EU)  2018/1046  of  the 
European Parliament and of the Council4. 

4  

Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on 
the  financial  rules  applicable  to  the  general  budget  of  the  Union,  amending  Regulations  (EU)  No 
1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) 
No  1316/2013,  (EU)  No  223/2014,  (EU)  No  283/2014,  and  Decision  No  541/2014/EU and  repealing 
Regulation (EU, Euratom) No 966/2012 (OJ L 193, 30.7.2018, p. 1). 

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• 

Proportionality 

The  proposal  complies  with  the  proportionality  principle.  The  proposed  Regulation  is 
considered proportionate as it is  aims to ensure that the severe economic impacts due to the 
withdrawal of the United Kingdom from the Union are mitigated. 

• 

Choice of the instrument 

This act is an amendment of a Regulation.  

3. 

• 

RESULTS 
CONSULTATIONS AND IMPACT ASSESSMENTS 

EX-POST 

EVALUATIONS, 

OF 

STAKEHOLDER 

Ex-post evaluations/fitness checks of existing legislation 

This  is  not  applicable  due  to  the  exceptional,  temporary  and  one-off  nature  of  the  event 
necessitating this proposal. 

• 

Stakeholder consultations 

The challenges arising from  the United Kingdom's withdrawal  from  the Union  and possible 
solutions  have  been  raised  by  various  fisheries  stakeholders  and  Member  States 
representatives.  All  operators,  stakeholders  and  concerned  Member  States  have  emphasised 
the  need  to  secure  adequate  compensation  in  case  fishing  opportunities  would  no  longer  be 
available because of the withdrawal of the United Kingdom from the Union.  

• 

Collection and use of expertise 

There was no need for external expertise. 

Impact assessment 

An impact assessment is not needed, due to the exceptional nature of the situation and limited 
needs of the period during which the change of status of the United Kingdom is implemented. 
No materially and legally different policy options are available other than the one proposed. 

• 

Regulatory fitness and simplification 

Not applicable. 

• 

Fundamental rights 

This proposal has no consequence for the protection of fundamental rights.  

4. 

BUDGETARY IMPLICATIONS 

The  proposed  modification  does  not  imply  any  changes  in  the  multiannual  financial 
framework, annual ceilings, or for commitments and payments as per Annex I of Regulation 
(EU) No 1311/20135. The proposal consists of the frontloading of payment appropriations and 
is budgetary-neutral over the programming period.  

5  

Council  Regulation  (EU,  Euratom)  No  1311/2013  of  2  December  2013  laying  down  the  multiannual 
financial framework for the years 2014-2020 (OJ L 347, 20.12.2013, p. 884).  

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5. 

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OTHER ELEMENTS 

Implementation plans and monitoring, evaluation and reporting arrangements 

Not applicable. 

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2019/0009 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending Regulation (EU) No 508/2014 as regards certain rules relating to the 
European Maritime and Fisheries Fund by reason of the withdrawal of the United 
Kingdom from the Union 

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 and 43(2) thereof, 
Having regard to the proposal from the European Commission,6 

After transmission of the draft legislative act to the national parliaments, 
Having regard to the opinion of the Economic and Social Committee,7 

Acting in accordance with the ordinary legislative procedure, 

Whereas: 

(1) 

(2) 

On 29 March 2017, the United Kingdom submitted the notification of its intention to 
withdraw from the Union pursuant to Article 50 of the Treaty on European Union. The 
Treaties will cease to apply to the United Kingdom from the date of entry into force of 
a withdrawal  agreement  or failing that, two  years after that notification, i.e. from  30 
March  2019,  unless  the  European  Council,  in  agreement  with  the  United  Kingdom, 
unanimously decides to extend that period. 

The withdrawal agreement contains arrangements for the application of provisions of 
Union law to and in the United Kingdom beyond the date the Treaties cease to apply 
to  and  in  the  United  Kingdom.  If  that  agreement  enters  into  force,  the  Common 
Fisheries Policy (CFP) will apply to and in the United Kingdom during the transition 
period,  in  accordance  with  that  agreement  and  will  cease  to  apply  at  the  end  of  that 
period. 

(3)  When  the  Common  Fisheries  Policy  ceases  to  apply  to  the  United  Kingdom,  the 
United Kingdom waters (territorial sea and Exclusive Economic Zone) will no longer 
be part of the Union waters. Consequently, in case of a disorderly withdrawal, Union 
vessels  risk  losing  access  to  these  waters  and  fishing  opportunities  therein  as  of  30 
March 2019. This  would have significant  impact  in  terms  of fishing  activities of the 
Union fleet and economic returns.  

(4)  Measures are already available under Regulation (EU) No 508/2014 of the European 
Parliament and of the Council8 that can be used for mitigating the adverse economic 

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Regulation (EU) No 508/2014 of the European Parliament and of the Council of 15 May 2014 on the 
European  Maritime  and  Fisheries  Fund  and  repealing  Council  Regulations  (EC)  No  2328/2003,  (EC) 

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(5) 

(6) 

(7) 

(8) 

(9) 

effects due to the withdrawal of the United Kingdom from the Union throughout the 
whole chain of production and marketing. 

Regulation  (EU)  No 508/2014  lays  down  the  rules  and  arrangements  for  granting 
financial  compensation  to  fishermen  and  owners  of  fishing  vessels  in  cases  of 
temporary cessation of fishing activities. The criteria to allow for temporary cessation 
do  not  allow  for  compensation  due  to  the  withdrawal  of  a  Member  State  from  the 
Union and the subsequent loss of access to and fishing opportunities within the waters 
of that State. 

In addition to the measures already available under Regulation (EU) No 508/2014, the 
adverse  economic  effects  caused  by  the  withdrawal  of  a  Member  State  from  the 
Union,  public  support  for  the  temporary  cessation  of  fishing  activities  should  be 
available  for  fishermen  and  operators  that  have  significant  dependence  on  access  to 
United Kingdom waters. 

Regulation (EU) No 508/2014 should therefore be amended accordingly.  

The remaining appropriations are available to be dedicated to any measure mitigating 
the consequences of the withdrawal of the United Kingdom from the European Union. 

For  the  sake  of  simplification,  Member  States  concerned  are  invited  to  consider 
combining amendments  to  their operational  programme within the context of Article 
22(4)  of  Regulation  (EU)  No 1303/2013  of  the  European  Parliament  and  of  the 
Council9. 

(10) 

In  accordance  with  Article  4(3)  of  Regulation  (EEC,  Euratom)  No  1182/71  of  the 
Council10,  the  cessation  of  application  of  acts  fixed  at  a  given  date  occurs  on  the 
expiry of the last hour of the day falling on that date. This Regulation should therefore 
apply from the day following that on which the Treaties cease to apply to and in the 
United Kingdom. 

(11)  This Regulation should enter into force as a matter of urgency and should apply from 
the  day  following  that  on  which  the  Treaties  cease  to  apply  to  and  in  the  United 
Kingdom  in  the  absence  of  a  withdrawal  agreement  concluded  with  the  United 
Kingdom  or  an  extension  of  the  two-year  period  referred  to  in  Article  50(3)  of  the 
Treaty on European Union, 

HAVE ADOPTED THIS REGULATION: 

Article 1 

Regulation (EU) No 508/2014 is amended as follows: 

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10 

No 861/2006, (EC) No 1198/2006 and (EC) No 791/2007 and Regulation (EU) No 1255/2011 of the 
European Parliament and of the Council (OJ L 149, 20.5.2014, p. 1).  
Regulation (EU) No 1303/2013 of the European Parliament and of the  Council of 17 December 2013 
laying  down  common  provisions  on  the  European  Regional  Development  Fund,  the  European  Social 
Fund,  the  Cohesion  Fund,  the  European  Agricultural  Fund  for  Rural  Development  and  the  European 
Maritime  and  Fisheries  Fund  and  laying  down  general  provisions  on  the  European  Regional 
Development  Fund,  the  European  Social  Fund,  the  Cohesion  Fund  and  the  European  Maritime  and 
Fisheries Fund and repealing Council Regulation (EC) No 1083/2006 (OJ L 347, 20.12.2013, p. 320) 
Regulation (EEC, Euratom) No 1182/71 of the Council of 3 June 1971 determining the rules applicable 
to periods, dates and time limits (OJ L 124, 8.6.1971, p. 1). 

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(1) 

In Article 13, the following paragraph 9 is added. 

"9. Member States shall have the possibility to exceed the amount set out in paragraph 2 and 
to go below the amounts set out in paragraphs 3 to 6 to support the measures set out in Article 
33 of this Regulation if the United Kingdom does not extend access rights to United Kingdom 
waters for Union fishing  vessels that have significant  dependence on  access  to  those waters 
for their fishing activities in the event that the Treaties cease to apply to the United Kingdom 
pursuant to Article 50(3) of the Treaty on European Union.”; 

(2) 

In Article 25, the following paragraph 3a is inserted: 

"3a. The total financial contribution from the EMFF to the measures referred to in Article 33 
of  this  Regulation  which  are  supported  to  address  the  consequences  resulting  from  the  fact 
that the United Kingdom does not extend access rights to United Kingdom waters for Union 
fishing  vessels  that  have  significant  dependence  on  access  to  those  waters  for  their  fishing 
activities  in  the  event  that  the  Treaties  cease  to  apply  to  the  United  Kingdom  pursuant  to 
Article  50(3)  of  the  Treaty  on  European  Union,  shall  not  be  taken  into  account  when 
determining whether the thresholds set out in points (a) and (b) of paragraph 3 are exceeded."; 

(3) 

 Article 33 is amended as follows: 

(a) 

 in paragraph 1, the following point (d) is added: 

"(d) to address the consequences of the fact that the United Kingdom does not extend access 
rights to United Kingdom waters for Union fishing vessels that have significant dependence 
on  access  to  those  waters  for  their  fishing  activities  in  the  event  that  the  Treaties  cease  to 
apply to the United Kingdom pursuant to Article 50(3) of the Treaty on European Union."; 

(b) 

 paragraph 2 is replaced by the following: 

2.  The  support  referred  to  in  points  (a),  (b)  and  (c)  of  paragraph  1  may  be  granted  for  a 
maximum  duration  of  six  months  per  vessel  during  the  period  from  2014  to  2020  and  the 
support referred to in point (d) of that paragraph may be granted for a maximum duration of 
nine months per vessel during the period from 2014 to 2020. Expenditure related to point (d) 
of paragraph 1 shall  be  eligible from the date of application of Regulation  (EU) […] of the 
European Parliament and of the Council*. 

*  Regulation  (EU)  [2019/….]  of  the  European  Parliament  and  of  the  Council  of  [date] 
amending  Regulation  (EU)  No  508/2014  as  regards  certain  rules  relating  to  the  European 
Maritime  and  Fisheries  Fund  by  reason  of  the  withdrawal  of  the  United  Kingdom  from  the 
Union (OJ L , …, p. )." [number and reference of this amending Regulation to be inserted by 
the Publication Office].  

Article 2 

Entry into force and application 

This  Regulation  shall  enter  into  force  on  the  day  following  that  of  its  publication  in  the 
Official Journal of the European Union. 

It shall apply from the day following that on which the Treaties cease to apply to and in the 
United Kingdom pursuant to Article 50(3) of the Treaty on European Union. 

However,  this  Regulation  shall  not  apply  if  a  withdrawal  agreement  concluded  with  the 
United  Kingdom  in  accordance  with  Article  50(2)  of  the  Treaty  on  European  Union  has 
entered into force by the date referred to in the second paragraph of this Article. 

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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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