CELEX: 32020R1027
Language: en
Date: 2020-07-14 00:00:00
Title: Commission Implementing Regulation (EU) 2020/1027 of 14 July 2020 on amending Implementing Regulations (EU) No 771/2014, (EU) No 1242/2014 and (EU) No 1243/2014 as regards the implementation and monitoring of specific measures to mitigate the impact of the COVID-19 outbreak in the fishery and aquaculture sector

16.7.2020   
               
               
                  EN
               
               
                  Official Journal of the European Union
               
               
                  L 227/1
               
            
         COMMISSION IMPLEMENTING REGULATION (EU) 2020/1027
         of 14 July 2020
         on amending Implementing Regulations (EU) No 771/2014, (EU) No 1242/2014 and (EU) No 1243/2014 as regards the implementation and monitoring of specific measures to mitigate the impact of the COVID-19 outbreak in the fishery and aquaculture sector
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Regulation (EU) No 508/2014 of the European Parliament and of the Council of 15 May 2014 on the European Maritime and Fisheries Fund (1) and in particular Articles 18(3), 72(3), 97(2) and 107(3) thereof,
         Whereas:
         
                     (1)
                  
                  
                     Regulation (EU) 2020/560 of the European Parliament and of the Council (2) has amended Regulation (EU) No 508/2014 to introduce specific measures to mitigate the impact of the COVID-19 outbreak in the fishery and aquaculture sector.
                  
               
                     (2)
                  
                  
                     In order to allow the implementation of Regulation (EU) 2020/560, the model for operational programmes under the European Maritime and Fisheries Fund (‘the EMFF’) and the structure of the compensation plans for operators in the outermost regions set out in Commission Implementing Regulation (EU) No 771/2014 (3) should be adjusted, taking into consideration the requirements of the new measures.
                  
               
                     (3)
                  
                  
                     The implementation of Regulation (EU) 2020/560 also requires adjustments to the technical specifications and rules for the presentation of cumulative data on operation and information to be sent by Member States set out in Commission Implementing Regulations (EU) No 1242/2014 (4) and (EU) No 1243/2014 (5). These adjustments should allow a reliable monitoring and reporting of operations related to the mitigation of the COVID-19 outbreak. Pursuant to Article 97(1)(a) of Regulation (EU) No 508/2014, the annual deadline for providing the cumulative data on operations is 31 March. This means that Member States should submit this information in the amended format as of 2021, so as to ensure consistent and harmonised reporting.
                  
               
                     (4)
                  
                  
                     Commission Implementing Regulations (EU) No 771/2014, (EU) No 1242/2014 and (EU) No 1243/2014 should therefore be amended accordingly.
                  
               
                     (5)
                  
                  
                     In order to allow for the prompt application of the measures provided for in this Regulation due to the urgency in providing the requisite support, this Regulation should enter into force on the day following that of its publication.
                  
               
                     (6)
                  
                  
                     The measures provided for in this Regulation are in accordance with the opinion of the Committee for the European Maritime and Fisheries Fund,
                  
               HAS ADOPTED THIS REGULATION:
         
            Article 1
            Amendments to Implementing Regulation (EU) No 771/2014
            Implementing Regulation (EU) No 771/2014 is amended as follows:
            
                        (1)
                     
                     
                        Section 4.5 of Annex I is replaced by the text set out in Annex I to this Regulation;
                     
                  
                        (2)
                     
                     
                        Section 8.2 of Annex I is replaced by the text set out in Annex I to this Regulation;
                     
                  
                        (3)
                     
                     
                        Annex II is amended in accordance with Annex I to this Regulation.
                     
                  
         
            Article 2
            Amendments to Implementing Regulation (EU) No 1242/2014
            Implementing Regulation (EU) No 1242/2014 is amended as follows:
            
                        (1)
                     
                     
                        Annex I is amended in accordance with Annex II to this Regulation;
                     
                  
                        (2)
                     
                     
                        in Annex V, row I.9 of table 1 is replaced by the text set out in Annex II to this Regulation.
                     
                  
         
            Article 3
            Amendments to Implementing Regulation (EU) No 1243/2014
            Implementing Regulation (EU) No 1243/2014 is amended as follows:
            
                        (1)
                     
                     
                        Annex I is amended in accordance with Annex III to this Regulation;
                     
                  
                        (2)
                     
                     
                        in Annex II, row I.9 is replaced by the text set out in Annex III to this Regulation.
                     
                  
         
            Article 4
            This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
         
         
            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 14 July 2020.
            
               
                  For the Commission
               
               
                  The President
               
               Ursula VON DER LEYEN
            
         
         
            (1)  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).
         
            (2)  Regulation (EU) 2020/560 of the European Parliament and of the Council of 23 April 2020 amending Regulations (EU) No 508/2014 and (EU) No 1379/2013 as regards specific measures to mitigate the impact of the COVID-19 outbreak in the fishery and aquaculture sector (OJ L 130, 24.4.2020, p. 11).
         
            (3)  Commission Implementing Regulation (EU) No 771/2014 of 14 July 2014 laying down rules pursuant to Regulation (EU) No 508/2014 of the European Parliament and of the Council on the European Maritime and Fisheries Fund with regard to the model for operational programmes, the structure of the plans for the compensation of additional costs incurred by operators in the fishing, farming, processing and marketing of certain fishery and aquaculture products from the outermost regions, the model for the transmission of financial data, the content of the ex ante evaluation reports and the minimum requirements for the evaluation plan to be submitted under the European Maritime and Fisheries Fund (OJ L 209, 16.7.2014, p. 20).
         
            (4)  Commission Implementing Regulation (EU) No 1242/2014 of 20 November 2014 laying down rules pursuant to Regulation (EU) No 508/2014 of the European Parliament and of the Council on the European Maritime and Fisheries Fund with regard to the presentation of relevant cumulative data on operations (OJ L 334, 21.11.2014, p. 11).
         
            (5)  Commission Implementing Regulation (EU) No 1243/2014 of 20 November 2014 laying down rules pursuant to Regulation (EU) No 508/2014 of the European Parliament and of the Council on the European Maritime and Fisheries Fund with regard to the information to be sent by Member States, as well as on data needs and synergies between potential data sources (OJ L 334, 21.11.2014, p. 39).
      
      
         
            ANNEX I
            
               1.   
               Annex I to Commission Implementing Regulation (EU) No 771/2014 is amended as follows:
               
                           (1)
                        
                        
                           Section 4.5 is replaced by the following:
                           
                                       ‘4.5.
                                    
                                    
                                       
                                          Description of the method for the calculation of compensation according to relevant criteria identified for each of the activities deployed under Article 40(1), 53, 54, 55, 67 and 69(3) of Regulation (EU) No 508/2014
                                       
                                       
                                                   
                                                      <4.5 type="S" maxlength="4500" input="M">’
                                                
                                             
                                 
                     
                           (2)
                        
                        
                           Section 8.2 is replaced by the following:
                           
                                       ‘8.2.
                                    
                                    
                                       
                                          EMFF contribution and co-financing rate for the Union Priorities, Technical Assistance and other support (in euro)
                                       
                                       
                                                    
                                                
                                                
                                                    
                                                
                                                
                                                   Total support
                                                
                                                
                                                   Main allocation (total funding minus performance reserve)
                                                
                                                
                                                   Performance reserve
                                                
                                                
                                                   Performance reserve amount as proportion of total Union support
                                                
                                             
                                                   Union Priorities
                                                
                                                
                                                   Measure(s) under the Union Priority
                                                
                                                
                                                   EMFF contribution
                                                   (performance reserve included)
                                                
                                                
                                                   National counterpart
                                                   (performance reserve included)
                                                
                                                
                                                   EMFF co-financing rate
                                                
                                                
                                                   EMFF support
                                                
                                                
                                                   National counterpart
                                                
                                                
                                                   EMFF Performance reserve
                                                
                                                
                                                   National counterpart (1)
                                                   
                                                
                                             
                                                   a
                                                
                                                
                                                   b
                                                
                                                
                                                   c = a/(a + b) × 100
                                                
                                                
                                                   d = a – f
                                                
                                                
                                                   e = b – g
                                                
                                                
                                                   f
                                                
                                                
                                                   g = b × (f/a)
                                                
                                                
                                                   h = f/a × 100
                                                
                                             
                                                   
                                                               1.
                                                            
                                                            
                                                               Promoting environmentally sustainable, resource efficient, innovative, competitive and knowledge-based fisheries
                                                            
                                                         
                                                
                                                   Article 33(1)(a),(b) and (c), Article 34 and Article 41(2)
                                                
                                                
                                                   
                                                      <8.2 type="N"input="M">
                                                   
                                                
                                                
                                                   
                                                      <8.2 type="N"input="M">
                                                   
                                                
                                                
                                                   50 %
                                                
                                                
                                                    
                                                
                                                
                                                    
                                                
                                                
                                                   
                                                      <8.2 type="N"input="M">
                                                   
                                                
                                                
                                                    
                                                
                                                
                                                    
                                                
                                             
                                                   Article 33(1)(d) and Article 44(4a)
                                                
                                                
                                                   
                                                      <8.2 type="N"input="M">
                                                   
                                                
                                                
                                                   
                                                      <8.2 type="N"input="M">
                                                   
                                                
                                                
                                                   max 75 %,
                                                   min 20 %
                                                
                                                
                                                    
                                                
                                                
                                                    
                                                
                                                
                                                   0
                                                
                                                
                                                   0
                                                
                                             
                                                   Financial allocation for the rest of the Union priority 1
                                                
                                                
                                                   
                                                      <8.2 type="N"input="M">
                                                   
                                                
                                                
                                                   
                                                      <8.2 type="N"input="M">
                                                   
                                                
                                                
                                                   max 75 %,
                                                   min 20 %
                                                
                                                
                                                    
                                                
                                                
                                                    
                                                
                                                
                                                   
                                                      <8.2 type="N"input="M">
                                                   
                                                
                                                
                                                    
                                                
                                             
                                                   
                                                               2.
                                                            
                                                            
                                                               Fostering environmentally sustainable, resource efficient, innovative, competitive and knowledge-based aquaculture
                                                            
                                                         
                                                
                                                   
                                                      <8.2 type="N"input="M">
                                                   
                                                
                                                
                                                   
                                                      <8.2 type="N"input="M">
                                                   
                                                
                                                
                                                   max 75 %,
                                                   min 20 %
                                                
                                                
                                                    
                                                
                                                
                                                    
                                                
                                                
                                                   
                                                      <8.2 type="N"input="M">
                                                   
                                                
                                                
                                                    
                                                
                                                
                                                    
                                                
                                             
                                                   
                                                               3.
                                                            
                                                            
                                                               Fostering the implementation of the CFP
                                                            
                                                         
                                                
                                                   the improvement and supply of scientific knowledge and collection and management of data Article 13(3) of the EMFF)
                                                   
                                                
                                                
                                                   
                                                      <8.2 type="N"input="M">
                                                   
                                                
                                                
                                                   
                                                      <8.2 type="N"input="M">
                                                   
                                                
                                                
                                                   80 %
                                                
                                                
                                                    
                                                
                                                
                                                    
                                                
                                                
                                                   
                                                      <8.2 type="N"input="M">
                                                   
                                                
                                                
                                                    
                                                
                                                
                                                    
                                                
                                             
                                                   the support to monitoring, control and enforcement, enhancing institutional capacity and an efficient public administration without increasing the administrative burden (Article 76(2)(a) to (d) and (f) to (l)) (Article 13(2) of the EMFF)
                                                   
                                                
                                                
                                                   
                                                      <8.2 type="N"input="M">
                                                   
                                                
                                                
                                                   
                                                      <8.2 type="N"input="M">
                                                   
                                                
                                                
                                                   90 %
                                                
                                                
                                                    
                                                
                                                
                                                    
                                                
                                                
                                                   
                                                      <8.2 type="N"input="M">
                                                   
                                                
                                                
                                                    
                                                
                                             
                                                   the support to monitoring, control and enforcement, enhancing institutional capacity and an efficient public administration without increasing the administrative burden (Article 76(2)(e)) (Article 13(2) of the EMFF)
                                                   
                                                
                                                
                                                   
                                                      <8.2 type="N"input="M">
                                                   
                                                
                                                
                                                   
                                                      <8.2 type="N"input="M">
                                                   
                                                
                                                
                                                   70 %
                                                
                                                
                                                    
                                                
                                                
                                                    
                                                
                                                
                                                   
                                                      <8.2 type="N"input="M">
                                                   
                                                
                                                
                                                    
                                                
                                             
                                                   
                                                               4.
                                                            
                                                            
                                                               Increasing employment and territorial cohesion
                                                            
                                                         
                                                
                                                   
                                                      <8.2 type="N"input="M">
                                                   
                                                
                                                
                                                   
                                                      <8.2 type="N"input="M">
                                                   
                                                
                                                
                                                   max 85 %,
                                                   min 20 %
                                                
                                                
                                                    
                                                
                                                
                                                    
                                                
                                                
                                                   
                                                      <8.2 type="N"input="M">
                                                   
                                                
                                                
                                                    
                                                
                                                
                                                    
                                                
                                             
                                                   
                                                               5.
                                                            
                                                            
                                                               Fostering marketing and processing
                                                            
                                                         
                                                
                                                   Storage aid (Article 67)
                                                
                                                
                                                   
                                                      <8.2 type="N"input="M">
                                                   
                                                
                                                
                                                   
                                                      <8.2 type="N"input="M">
                                                   
                                                
                                                
                                                   100 %
                                                
                                                
                                                    
                                                
                                                
                                                    
                                                
                                                
                                                   0
                                                
                                                
                                                   0
                                                
                                                
                                                   0
                                                
                                             
                                                   Compensation for outermost regions (Article 70) (Article 13(4) of the EMFF)
                                                   
                                                
                                                
                                                   
                                                      <8.2 type="N"input="M">
                                                   
                                                
                                                
                                                   
                                                      <8.2 type="N"input="M">
                                                   
                                                
                                                
                                                   100 %
                                                
                                                
                                                    
                                                
                                                
                                                    
                                                
                                                
                                                   
                                                      <8.2 type="N"input="M">
                                                   
                                                
                                                
                                                    
                                                
                                             
                                                   Financial allocation for the rest of the Union priority 5
                                                
                                                
                                                   
                                                      <8.2 type="N"input="M">
                                                   
                                                
                                                
                                                   
                                                      <8.2 type="N"input="M">
                                                   
                                                
                                                
                                                   max 75 %,
                                                   min 20 %
                                                
                                                
                                                    
                                                
                                                
                                                    
                                                
                                                
                                                   
                                                      <8.2 type="N"input="M">
                                                   
                                                
                                                
                                                    
                                                
                                             
                                                   
                                                               6.
                                                            
                                                            
                                                               Fostering the implementation of the Integrated Maritime Policy
                                                            
                                                         
                                                
                                                   
                                                      <8.2 type="N"input="M">
                                                   
                                                
                                                
                                                   
                                                      <8.2 type="N"input="M">
                                                   
                                                
                                                
                                                   max 75 %,
                                                   min 20 %
                                                
                                                
                                                    
                                                
                                                
                                                    
                                                
                                                
                                                   
                                                      <8.2 type="N"input="M">
                                                   
                                                
                                                
                                                    
                                                
                                                
                                                    
                                                
                                             
                                                   Technical assistance
                                                
                                                
                                                   
                                                      <8.2 type="N"input="M">
                                                   
                                                
                                                
                                                   
                                                      <8.2 type="N"input="M">
                                                   
                                                
                                                
                                                   max 75 %,
                                                   min 20 %
                                                
                                                
                                                    
                                                
                                                
                                                    
                                                
                                                
                                                   0
                                                
                                                
                                                   0
                                                
                                                
                                                   0
                                                
                                             
                                                   Total (automatically calculated):
                                                
                                                
                                                   
                                                      <8.2 type="N"input="G">
                                                   
                                                
                                                
                                                   
                                                      <8.2 type="N"input="G">
                                                   
                                                
                                                
                                                   NA
                                                
                                                
                                                   
                                                      <8.2 type="N"input="G">
                                                   
                                                
                                                
                                                   
                                                      <8.2 type="N"input="G">
                                                   
                                                
                                                
                                                   
                                                      <8.2 type="N"input="G">
                                                   
                                                
                                                
                                                   
                                                      <8.2 type="N"input="G">
                                                   
                                                
                                                
                                                   NA
                                                
                                             
                                 
                     
            
               2.   
               In Annex II to Implementing Regulation (EU) No 771/2014, the following section 5a is inserted:
               
                           ‘5a.
                        
                        
                           
                              Description of the methods of calculation and of implementation of the measures to compensate the economic losses resulting from the COVID-19 outbreak referred to in the second subparagraph of Article 70(1) of Regulation (EU) No 508/2014
                           
                           
                                       
                                          <4.5 type="S" maxlength="3500" input="M">’
                                    
                                 
                     
            
               (1)  The national counterpart is divided pro rata between the main allocation and the performance reserve.’
         
      
      
         
            ANNEX II
            
               1.   
               In Annex I to Commission Implementing Regulation (EU) No 1242/2014, in the first column ‘Field’, the following field entry 25 is inserted:
               
                           ‘25
                        
                        
                           Mitigation of the COVID-19 outbreak’
                        
                     
            
               2.   
               In Annex V to Implementing Regulation (EU) No 1242/2014, in table 1 of Annex V, row I.9 is replaced by the following:
               
                           ‘I.9
                        
                        
                           Article 33 and Article 44(4a)
                           Temporary cessation of fishing activities
                        
                        
                           
                                       —
                                    
                                    
                                       Number of fishermen concerned
                                    
                                 
                        
                           1
                        
                        
                           Numerical
                        
                        
                           Yes if operation relates to sea’
                        
                     
                           
                                       —
                                    
                                    
                                       Number of days covered
                                    
                                 
                        
                           2
                        
                        
                           Numerical
                        
                     
         
      
      
         
            ANNEX III
            
               1.   
               
                  In Annex I to Commission Implementing Regulation (EU) No 1243/2014, the following Part F is inserted:
               
            
            
               ‘PART F
               
                  Mitigation of the COVID-19 outbreak
               
               
                           Field
                        
                        
                           Content of field
                        
                        
                           Comment
                        
                        
                           Data needs and synergies
                        
                     
                           25
                        
                        
                           Mitigation of the COVID-19 outbreak
                        
                        
                           Mitigation of the COVID-19 outbreak
                           Code 0 = non COVID-19 related
                           Code 1 = COVID-19 related.
                        
                        
                           EMFF specific’
                        
                     
            
                     
                        2.
                     
                     
                        In Annex II to Implementing Regulation (EU) No 1243/2014, row I.9 is replaced by the following:
                        
                                    ‘I.9
                                 
                                 
                                    Article 33 and Article 44(4a)
                                    Temporary cessation of fishing activities
                                 
                                 
                                    
                                                —
                                             
                                             
                                                Number of fishermen concerned
                                             
                                          
                                                —
                                             
                                             
                                                Number of days covered’