23.3.2023
EN
Official Journal of the European Union
C 107/23
(132) In that balancing exercise, the Commission will pay particular attention to Article 3 of Regulation (EU) 2020/852, including the ‘do no significant harm’ principle, or other comparable methodologies, such as the ecosystem-based approach applied to the management of marine fisheries in line with Article 2(3) of Regulation (EU) No 1380/2013.
The CFP consists of legislative acts establishing a holistic fisheries governance framework that requires finding a balance between ecological, social and economic sustainability criteria.
(133) In addition, the Commission may also take into account, where relevant, whether the proposed aid brings about other positive or negative effects.
Where such other positive effects reflect those embodied in Union policies, such as the European Green Deal, including a sustainable blue economy (49), the Farm to fork Strategy (50), the Circular Economy Action Plan (51), Biodiversity Strategy (52), EU Action Plan: ‘Towards Zero Pollution for Air, Water and Soil’ (53), the Strategy on adaptation to climate change (54), or those related to energy efficiency (55), the initiative on Shaping Europe’s Digital Future Communication (56), then the proposed aid aligned with such Union policies can be presumed to have such wider positive effects.
(134) By contrast, aid that contributes to fishing capacity enhancement or results in overfishing or displacement of fishing effort that could lead to such overfishing (see point (4) of the Guidelines) will likely undermine the objectives of the CFP.
Taking into account the legal and economic context of the fisheries sector, where undertakings are competing for limited resources, measures with such effects that are in principle considered to be harmful are unlikely to result in a positive result of the balancing exercise.
(135) With the exception of aid provided for explicitly in these Guidelines, the balancing test is unlikely to be positive with regard to the following types of aid measures that are in principle considered to be harmful: (a) that increase the fishing capacity of a fishing vessel; (b) for the acquisition of equipment that increases the ability of a fishing vessel to find fish; (c) for the construction, acquisition or importation of fishing vessels; (49) Article 2, point (15), of Regulation (EU) 2021/1139 defines ‘sustainable blue economy’ as ‘all sectoral and cross-sectoral economic activities throughout the internal market relating to oceans, seas, coasts and inland waters, covering the Union’s insular and outermost regions and landlocked countries, including emerging sectors and non-market goods and services, aimed at ensuring environmental, social and economic sustainability in the long term and which are consistent with the SDGs, and in particular SDG 14, and with Union environmental legislation’.
See also, Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions: On a new approach for a sustainable blue economy in the EU Transforming the EU's Blue Economy for a Sustainable Future (COM/2021/240 final).
(50) Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions: A Farm to Fork Strategy for a fair, healthy and environmentally-friendly food system (COM/2020/381 final).
(51) Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions: A new Circular Economy Action Plan For a cleaner and more competitive Europe (COM/2020/98 final).
(52) Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions: EU Biodiversity Strategy for 2030 Bringing nature back into our lives (COM/2020/380 final).
(53) Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions: Pathway to a Healthy Planet for All EU Action Plan: 'Towards Zero Pollution for Air, Water and Soil' (COM/2021/400 final).
(54) Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions: An EU Strategy on adaptation to climate change (COM/2013/0216 final).
(55) In particular concerning the first principle of energy efficiency, as set out in Article 1, paragraph 1, of Directive 2012/27/EU, as amended by Directive (EU) 2018/2002 of the European Parliament and of the Council of 11 December 2018 amending Directive 2012/27/EU on energy efficiency (OJ L 328, 21.12.2018, p. 210).
(56) Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, Shaping Europe's digital future (COM/2020/67 final).