CELEX: 52011PC0804
Language: en
Date: 2011-12-02
Title: 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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		52011PC0804
		
			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 /* COM/2011/0804 final - 2011/0380 (COD) */
			
				
		
		
			
			   	EXPLANATORY MEMORANDUM
1.           CONTEXT OF THE PROPOSAL
The Commission proposal for the Multiannual
Financial Framework (MFF) 2014-2020 adopted on June, 29th, set the
budgetary framework and main orientations for the funding of Common Fisheries
Policy (CFP) and the Integrated Maritime Policy (IMP).
Further, the Commission adopted on July 13th,
2011 a package laying down the new CFP legislative framework. The Integrated
Maritime Policy (IMP) was financed in the years 2008-2010 through a series of
pilot schemes and preparatory actions. A new financial instrument has been
proposed by the Commission for the period between 2012 and 2013. With the
launch of the new MFF, it becomes necessary to adopt a long-term instrument for
financial support of the IMP.
The Commission
adopted on October 6th 2011 a proposal for a "Common
Provisions" Regulation which lays down common rules for the
shared-management funds, with the main aim of simplification of policy
delivery. The European Regional Development Fund, European Social Fund,
Cohesion Fund, European Agricultural Fund for Rural Development and the future
European Maritime and Fisheries Fund (CSF Funds) pursue complementary
objectives and share the same management mode. The "Common
Provisions" Regulation sets out a series of common rules for these funds.
These provisions concern the general principles such as partnership,
multi-level governance, equality between men and women, sustainability and
compliance with applicable EU and national law. The proposal also contains the
common elements of strategic planning and programming, including a list of
thematic objectives derived from the Europe 2020 Strategy, provisions on the
Common Strategic Framework at Union level and on Partnership Contracts to be
concluded with each Member State. It introduces macroeconomic conditionalities
and sets out a common approach to the performance orientation of the CSF funds.
Accordingly, it includes ex-ante conditionalities and performance review, but
also the arrangements for monitoring, reporting and evaluation. Common
provisions are also set out with regard to eligibility rules, and special
arrangements are defined for financial instruments and community led local
development. Some management and control arrangements are also common to all
CSF Funds.
The current proposal for the Regulation on European
Maritime and Fisheries Fund (EMFF) aims at achieving the objectives of the
reformed CFP and of IMP. It is based on these objectives, re-defined in terms
of funding:
(1)                   
promotion of sustainable and competitive
fisheries and aquaculture;
(2)                   
fostering the development and implementation of
the Union's Integrated Maritime Policy, in a complementary manner to cohesion
policy and to CFP;
(3)                   
promotion of balanced and inclusive territorial
development of fisheries areas (including aquaculture and inland fishing);
(4)                   
contribution to the implementation of the CFP.
The World Trade Organisation negotiations
on new fisheries subsidies disciplines are ongoing. Their preliminary nature
does not allow anticipating the outcome. However, if new EU obligations arise
as the result of these negotiations, the compatibility of the EMFF proposal
should be ensured. For this purpose, a compatibility analysis of the relevant
EMFF measures may be needed. 
2.           RESULTS OF CONSULTATIONS
WITH THE INTERESTED PARTIES AND IMPACT ASSESSMENTS
On the basis of the FIFG ex-post
evaluation, the interim evaluation of the EFF and the impact assessment for the
CFP reform, the impact assessment of the EMFF assesses three alternative
scenarios: (i) the "EFF+", which is a continuation of the current EFF
without most of the direct fleet subsidies and the support focused on the
objectives of the CFP reform (ii) the "EFF+ integration", in which
the other CFP funding instruments are integrated into a post EFF fund, but keep
the same management mode as today and (iii) the "EFF+ convergence" in
which support to IMP is also integrated under the new single fund and all the
instruments are brought to the extent possible under the shared management.
These three
policy scenarios were aligned with the preferred scenario for the CFP reform
and evaluated against the same baseline scenario. They also took into account
the results of the consultations launched with the adoption of the Green Paper
in April 2009. The outcome of these consultations is summarised below:
–                        
Many contributions ask for the continuation of
public funding for the fisheries, although a few Member States and most NGOs
argue that they preserve unviable structures, contribute to overcapacity and
maintain industry dependence on subsidies.
–                        
There is an agreement that any future support
should accompany the implementation of CFP reform and ease adjustment costs of
the industry.
–                        
EU funding should focus on research and
innovation, enhancing marine protection, and supporting fishermen’s
organisations and local development.
–                        
The link to the IMP is considered important:
maritime policies can no longer act in isolation, and the coherence of the CFP
with the IMP needs to be reinforced.
–                        
More conditionality between EU financing and reaching
CFP objectives is needed. Compliance with rules/targets should have a bearing
on fund availability.
–                        
A more sectoral approach to the allocation of
funding (linked to the size of the fisheries sector instead of the level of
economic development, as it is the case today) is strongly supported by a group
of Member States while the EP opposes this.
–                        
There is general agreement on the importance of
the small-scale coastal fleets which remain a significant source of jobs in
coastal communities. Some Member States want a privileged access of this fleet
to financing, while others do not favour a specific approach.
–                        
An overwhelming majority of industry and MS
consider that common services (such as control and data collection) should
continue to be supported under EU funding.
In addition to
the public consultation, around 200 meetings with the stakeholders were
organized. Meetings during which the CFP reform and
funding were discussed took also place in 2010 and 2011. In particular: (i) a
dedicated seminar on the future EFF with the stakeholders from industry, trade
unions, EP and Member States was organised on April 13th, 2010, in
Brussels (ii) two meetings with the Member States took place in Gand (12-14
September 2010) and Noordwijk (9-11 March 2011) (iii) a conference on the
future of local development in fisheries areas took place in Brussels, 12-13th
April, 2011. Finally, the validity of the integrated approach to
maritime affairs and the need for IMP funding have been confirmed by the
Commission, the Council and the EP.
The impact assessment concluded that the
"EFF+ Convergence" performs better than the two other options on the
three impact indicators chosen for the analysis: the reduction of the impact of
fisheries on the environment, the closure of the innovation gap in fisheries
and aquaculture and the number of jobs created in communities dependent on
fisheries.
3.           LEGAL ELEMENTS OF THE
PROPOSAL
It is proposed that most of the current CFP
and IMP financial instruments are integrated into one fund, with the exception
of Sustainable Fisheries Agreements (SFAs) and the compulsory contribution to
RFMOs. The EMFF is structured
around 4 pillars:
·      Smart, Green Fisheries (shared
management) to foster the transition to sustainable fishing which is more
selective, produces no discards, does less damage to marine ecosystems and thus
contributes to the sustainable management of marine ecosystems; and to provide
support focused on innovation and value added, making the fisheries sector
economically viable and resilient to external shocks and to competition from
third countries.
·      Smart, Green Aquaculture (shared
management) - to achieve economically viable, competitive and green
aquaculture, capable of facing global competition and providing EU consumers
with healthy and high nutrition value products.
·      Sustainable and Inclusive Territorial Development (shared management) - to reverse the decline of many coastal and
inland communities dependent on fishing, through adding more value to fishing
and fishing related activities and through diversification to other sectors of
the maritime economy.
·      Integrated Maritime Policy (direct
centralised management) to support those cross cutting priorities which
generate savings and growth but which the Member States will not take forward
on their own – such as marine knowledge, maritime spatial planning, integrated
coastal zone management and integrated maritime surveillance, the protection of
the marine environment, in particular its biodiversity, and adaptation to the
adverse effects of climate change on coastal areas.
In addition to the four pillars, the EMFF
will include accompanying measures: data collection and scientific advice,
control, governance, fisheries markets (including outermost regions), voluntary
payments to RFMOs and technical assistance.
The proposal complies with the principle
of subsidiarity. The general objective of the EMFF is to support the
objectives of the CFP, a policy on which the EU has exclusive competence,
and to further develop the EU Integrated Maritime Policy. Acting on their own,
the MS are not in a position to achieve these objectives which will be better
achieved at EU level by multi-annual financing focussed on the relevant
priorities.
4. Lessons learned and new features of
the EMFF
Contribution to Europe 2020
EMFF will contribute to achieving the
objectives of the Europe 2020 strategy under three flagship initiatives: i) a
resource efficient Europe, ii) an innovation union and iii) the agenda for new
skills and jobs.
Supporting the transition to sustainable
fishing, based on maximum sustainable yields, the elimination of discards and
the reduction of the impact of fisheries on
the marine environment, the promotion of aquaculture with high levels of
environmental protection and an increased
coordination of maritime policies leading to more sustainable use of resources will be a key contribution of the EMFF to "Resource Efficient
Europe".
Under "An
agenda for new skills and jobs" the priority of the EMFF will be to
increase employment, territorial cohesion and social inclusion in fisheries
dependent communities. The diversification of local economies, in particular
towards other sectors of the maritime economy, will create new jobs and growth
opportunities in coastal areas.
The EMFF will also contribute to
"Innovation Union", through the support for product and process
innovation at all levels of the production, marketing and distribution chains
of the fisheries and aquaculture sectors, increase in added value of fisheries
and aquaculture products, support to eco-innovation and further development of new, innovative, cross-cutting policy tools such as Marine Knowledge, Maritime Spatial Planning and Integrated Maritime
Surveillance.
Reinforced social dimension
EMFF will promote social cohesion and job
creation in fisheries dependent communities through adding more value to
fisheries and through diversification into other maritime sectors. The
community-led approach to the sustainable development of fisheries areas will
be reinforced. EMFF also recognises for the first time the role that spouses –
mostly women - often play in the family fishing business, in many cases without
any legal recognition. They can benefit inter alia from EMFF support for
training, in particular for the acquisition of skills linked to entrepreneurship
and business management.
The EMFF will also promote human capital
and foster diversification by enabling local communities to acquire skills
needed for entering new activities emerging in other maritime sectors. This
approach will also build on natural and cultural heritage, turning them into
important assets for local development.
In view of the importance of small-scale
coastal fleets for coastal communities, the EMFF proposes to apply to them a
higher aid intensity rate and introduces some special measures eligible only
for these fleets. These measures include professional advice on business and
marketing strategies, business start ups outside fishing and special support
for innovation; the latter is particularly important considering that the majority
of these fishing businesses are micro enterprises with restricted access to
funding.
Priority will
be given to collective approaches, inter alia by producer organisations, which
build on social capital and permit the achievement of critical mass of investment.
These collective approaches will also benefit from a higher aid intensity rate.
Environmental sustainability
The existing
measures have been streamlined and reviewed in order to establish a strong link
to environmental sustainability. Overcapacity remains the major problem of the
CFP and is one of the key drivers of overfishing. The removal of overcapacity
through public aid such as scrapping has proven ineffective; despite €1.7
billion spent since 1994, actual fishing capacity has not decreased in most of
EU fleets. The EMFF will therefore not support scrapping anymore and deploy
thus saved financial resources towards more effective forms of assistance to
sustainable fishing.
EMFF will support the transition to Maximum
Sustainable Yield (MSY) and facilitate the gradual introduction of a discard
ban through the integral approach, involving measures such as support for more
selective gears and fishing techniques, investment in equipment on board and
port facilities necessary for the use of unwanted catches, marketing measures
and processing. With the same objective, the financial allocation to data
collection and scientific advice (to increase the number of stocks for which
scientific advice is available) and to control expenditure (to ensure better compliance)
has been substantially increased.
There will also be a focus on the
development of aquaculture with high level of environmental protection and
support for aquaculture which has a positive effect on ecosystems.
Worldwide fisheries represent around 1.2%
of the global fuel consumption. There is a need to increase resource efficiency
and reduce emissions in the catching sector and, to a lesser extent, in
aquaculture in order to contribute to the Europe 2020 headline target on
climate change. Accordingly, the EMFF will support some measures to mitigate
climate change.
Focus on innovative, viable and
competitive fisheries and aquaculture
Both fisheries and aquaculture have
difficulties to innovate. Supply, marketing and commercialisation are currently
organised in such a way that fishing and aquaculture businesses are rarely
involved in selling and marketing their products.
1.           New measures with a strong
focus on innovation have been included in the EMFF to promote the development
of new or improved products, processes, management and organisation systems
throughout the whole value chain, in order to help the fisheries and
aquaculture to add value to their products, reduce the environmental impact of
their activities and lower production costs. Innovation will also be fostered
by measures to stimulate co-operation between scientists and fishermen. The
support for community-led local development will also disseminate innovation at
the local level, taking into account that such innovation is often defined in the
local context, and may be technological or non technological, and based on new
or traditional practices.
2.           The EMFF will also seek,
for the first time, to promote new forms of aquaculture with high growth
potential, such as offshore and non food aquaculture and to encourage business
start ups. The new features include also support to multifunctional
aquaculture, allowing diversifying the income of aquaculture enterprises
through activities such as angling, direct sale, eco tourism or aquaculture
related educational activities. Support for the use of advisory services by
aquaculture firms and measures increasing the potential of aquaculture sites
(through, inter alia, funding for maritime spatial planning and improvement of
infrastructures) are also proposed.
Complementarity and synergy with research
and innovation programmes foreseen with the new Research Framework programme in
preparation (Horizon 2020) will be encouraged.
New impetus to the development of
Integrated Maritime Policy (IMP)
The IMP was launched
in 2007 to facilitate maritime coordination across borders and sectors
(maritime transport, industry, coastal regions, offshore energy, fisheries or
the marine environment). Coordination between previously compartmentalized
policies results in the reduction of costs and more efficiency.
Funding for the
IMP in the EMFF will focus on the development of cross-sectoral policy tools:
initiatives that benefit different sectors but that cannot be accomplished
within individual policy areas. Maritime Spatial Planning provides a
stable legal framework for the management of marine areas, resources and
ecosystem services in a sustainable way. It has been shown to accelerate
maritime investments and lower legal and administrative costs for companies. Integrated
Maritime Surveillance allows public actors to share data in order to
efficiently cope with real time events at sea. It avoids costly duplications of
resource-consuming maritime surveillance activities. Integrated surveillance
means cost-effective synergies for the better use of public money. Marine
Knowledge 2020 aims at pooling together Europe's fragmented marine
knowledge into a resource that is freely and publicly accessible. The Marine
Strategy Framework Directive, which is the environmental pillar of the IMP, will
further define the boundaries of sustainability of human activities that have
an impact on the marine environment.
Managing
maritime affairs in an integrated way means spending public money better and
maximising the effect of the various policies affecting the sea. On that line,
funding will also support the development of integrated maritime governance at
sea basin level. Coordination at sea basin level ensures that funds are spent
within a consistent policy framework, combining different sources of funding.
The inclusion of the IMP in the EMFF also supports the mainstreaming of
maritime objectives into other funds enabling maritime policies to make a
stronger contribution to the Europe 2020 strategy.
Simplification and reduction of the
administrative burden
The integration of five CFP and IMP
financial instruments into a single fund will lead to a major simplification
due to the streamlined and unified rules and procedures. In addition, data
collection, control and market measures, including the compensation for the
outermost regions, will be managed together with the ex-EFF measures under the
shared management. This means that four sets of financial decisions, reporting,
monitoring and evaluation procedures will be replaced by one.
Moreover, the interim evaluation of the EFF
shows that the main administrative burden was due to the setting up of the
Management and Control System. The proposal for the "Common
Provisions" Regulation envisages a management and control system which is
similar for CSF funds and is based on common principles. A system of national
accreditation is put in place to emphasize the commitment of Member States to
sound financial management. The arrangements underpinning the assurance of the
Commission with regard to the regularity of expenditure have been harmonised
and new common elements such as a management declaration of assurance and
annual clearance of accounts have been introduced. This approach shall
significantly reduce the amount of the time necessary for setting up management
and control systems and accelerate the implementation. In particular the
alignment of the delivery mechanism with that of the rural development fund,
will give the Member States a possibility to use the same bodies for the
management of the EARDF and EMFF Operational Programmes. This will further
reduce the administrative costs due to the unified approach in terms of
management and control, including reporting, evaluation and monitoring.
Common rules on the use of the financial
instruments give clearer framework and clarify that financial instruments can
be used for all types of investment and beneficiary. This allows for bringing
the EMFF contribution to already existing financial institutions, where
collaboration agreements have already been developed for other EU funds, thus
avoiding administrative burden and duplication and making financial engineering
a more attractive alternative to co-financing through grants.
The integrated approach for community led
local development (current Axis 4) facilitates joint ventures funded by CSF
funds, by allowing joint assessment and approval of local development
strategies, allowing the financing of management costs from one source only and
avoiding reporting on these costs to different bodies.
The use of common indicators will
facilitate the reporting by the Member States, focusing it on quantified data
on progress and reducing the descriptive elements.
EMFF also clarifies rules of compliance
with CFP, in particular with data collection framework, control and IUU
Regulations, thus giving the Member States and beneficiaries more legal
certainty.
In order to further simplify the
implementation of the EMFF, eligibility rules are harmonised with other EU
funds. This will make projects easier to handle for both beneficiaries and
national authorities and will also facilitate the implementation of integrated
projects. A wider utilisation of simplified cost options will be allowed for
the shared management part of the EMFF (standard costs, lump sump payments and
flat rate financing for grants) thus reducing the costs of control and error
rate.
Strategic approach:
The CSF and Partnership Contracts cover
five shared-management funds under the "Common Provisions"
Regulation. This framework allows a better strategic fit between these funds at
Union level. The CSF will be implemented through a Partnership Contract,
coordinating the CSF funds at national level.
Currently, the coordination of the EFF with
other strands of EU funding is done using the principle of "demarcation
lines" between the funds, which led to both overlaps and gaps in policy
coverage. A better coordination mechanism is therefore needed and the new
delivery mechanism reinforcing the strategic approach should answer those
problems. CSF and Partnership Contracts will replace the strategic approach
(National Strategic Plans) introduced in the current EFF, which has serious
limitations and required a disproportionate effort for Member States receiving
limited EFF funding.
Strategic programming
EMFF focuses on CFP and IMP long-term
strategic objectives including sustainable and competitive fisheries and
aquaculture, consistent policy framework for the further development of IMP and
balanced and inclusive territorial development of fisheries areas. In line with
the Europe 2020 strategy, these broad objectives for 2014-2020 are translated
into the following six Union priorities for the EMFF:
–                        
Increasing employment and territorial cohesion;
–                        
Fostering innovative, competitive and knowledge
based fisheries;
–                        
Fostering innovative, competitive and knowledge
based aquaculture;
–                        
Promoting sustainable and resource efficient
fisheries;
–                        
Promoting a sustainable and resource efficient
aquaculture;
–                        
Fostering the implementation of the CFP.
These priorities will form the basis of
financial programming, including the definition of target indicators in
relation to each of them.
Conditionality
The "Common
Provisions" Regulation introduces new conditionality provisions to ensure
that Union funding creates strong incentives for Member States to deliver
Europe 2020 objectives and targets. Conditionality will take the form of both
‘ex ante’ conditions that must be in place before funds are disbursed and 'ex
post' conditions that will make the release of 5% of the EMFF allocation
contingent on performance. Ex post' conditionality will be based on the
achievement of milestones related to targets for outputs and results linked to
Europe 2020 objectives set for programmes in the Partnership Contract.
Union financial
assistance under the EMFF will be made conditional upon the compliance of
Member States and operators with the objectives and rules of CFP, in particular
control obligations, the IUU Regulation and data collection obligations. In
addition ex ante conditionality will apply to aquaculture, requiring the Member
States to prepare multiannual national strategic plans on the basis of Union
strategic guidelines. As foreseen by the CFP Regulation, the objective of these
plans, based on the Union strategic guidelines, will be to facilitate
sustainable development of aquaculture in relation to the business security,
access to waters and space, and administrative simplification of licensing.
These conditionalities will foster the compliance with CFP rules and increase
the coherence of the whole policy.
Monitoring and evaluation
The interim evaluation of the EFF concluded
that the existing indicators are focused on output and are too numerous.
Moreover, they lack common approach and a common definition of the units to be
measured.
Accordingly, the EMFF proposes a Common
Strategic Monitoring and Evaluation Framework (CMEF) in which a set of common
output, result and impact indicators will be defined in cooperation with the MS
and adopted in an implementing act. These indicators will be linked to the
priorities of the EMFF, allowing the aggregation of data at Union level and the
assessment of the progress, efficiency and effectiveness of policy
implementation necessary, inter alia, for allocation of the performance
reserve. Ex-ante evaluation will be used to set baseline, milestones and target
indicator values which will feed into the Partnership Contracts and the OPs.
Two special annual reports in 2017 and 2019 will look at the state of delivery
and the lessons for the next programming period.
4.           BUDGETARY IMPLICATION
The MFF proposal provides that a
significant part of the EU budget should continue to be dedicated to fisheries
and maritime policies. The envelope for 2014-2020, in current prices, is set at
€7,535 billion, including SFAs and the compulsory
contributions to RFMOs, which will be funded separately. The EMFF budget
amounts, in current prices to € 6567 million. Details
on the financial impact of the EMFF proposal are set out in the financial statement
accompanying the proposal.
2011/0380 (COD)
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 Committee[1],
Having regard to the opinion of the
Committee of the Regions[2],
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 Fund[3], 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 Sea[4], the provisions of Regulation
(EC) No 1290/2005 Guarantee Fund concerning the fishery and aquaculture
products[5],
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' remoteness[6] 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) covered in [Regulation of the European Parliament
and of the Council establishing a Programme to support the further development
of an Integrated Maritime Policy].
(2)              
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.
(3)              
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.
(4)              
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.
(5)              
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.
(6)              
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.
(7)              
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 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.
(9)              
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.
(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 1447/1999[9],
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 1966/2006[10].
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 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 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)          
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.
(32)          
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.
(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)          
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.
(42)          
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 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)          
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.
(46)          
In line with the Commission's Strategy for the
Sustainable Development of European Aquaculture[12], 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)          
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.
(52)          
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.
(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 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)          
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 791/2007[14]. It is necessary to continue
providing support to offset the additional costs for the marketing of certain
fishery products as of 1 January 2014.
(66)          
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.
(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 Union[15].
(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 Regions[16].
(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, 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)          
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.
(83)          
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.
(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 CFP[18],
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.
(90)          
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 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.
(92)          
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.
(95)          
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.
(96)          
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.
(98)          
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.
(99)          
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.
(100)      
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 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 Schecke[19],
the publication of the names of natural persons should not be requested.
(101)      
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.
(102)      
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.
(103)      
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, decisions on financial corrections an decision on clearance
of accounts.
(104)      
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 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 powers[20].
(105)      
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 120 and Article 143, the advisory procedure
should apply when adopting these latter.
(106)      
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.
(107)      
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:
TITLE I
OBJECTIVES 
CHAPTER I
Scope and Definitions
Article 1
Subject matter
This Regulation defines Union financial
measures for the implementation of:
(a)          the Common Fisheries Policy
(CFP),
(b)          relevant measures relating to the
Law of the Sea,
(c)          the sustainable development of
fisheries areas and inland fishing,
(d)          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)              
'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;
(2)              
'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;
(3)              
'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;
(4)              
'European Marine Observation and Data Network'
means a network that integrates national marine observation and data programmes
into a common and accessible European resource;
(5)              
'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;
(6)              
'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;
(7)              
"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 Europe[23];
(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 of procedures for the award of public works contracts, public
supply contracts and public service contracts shall be regarded as a public
contribution[24];
(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
Union[25];
(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.
TITLE II
GENERAL FRAMEWORK
CHAPTER I
Establishment and objectives of the European Maritime and Fisheries Fund
Article 4
Establishment
The European Maritime and Fisheries Fund
(EMFF) is hereby established.
Article 5
Objectives
The EMFF shall contribute to the following
objectives:
(a)                   
promoting sustainable and competitive fisheries
and aquaculture;
(b)                   
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;
(c)                   
promoting a balanced and inclusive territorial
development of fisheries areas;
(d)                   
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)         
support to strengthening technological
development, innovation and knowledge transfer;
(b)         
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.
(3)          Fostering innovative, competitive
and knowledge based aquaculture through the focus on the following areas:
(a)         
support to strengthening technological
development, innovation and knowledge transfer;
(b)         
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)         
the supply of scientific knowledge and
collection of data;
(b)         
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.           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].[26]
2.           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.
CHAPTER III
General Principles of Assistance under Shared Management
Article 8
State aid
1.           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.
2.           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.
3.           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)][27]
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.
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.
2.           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.
3.           The Commission shall be
empowered to adopt delegated act in accordance with Article 150 concerning:
(a)         
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;
(b)         
the relevant starting or ending dates of the
period referred to in paragraph 1;
(c)         
the identification of the other cases of non
compliance referred to in paragraph 1(c) which seriously jeopardise the
sustainability of the stocks concerned.
4.           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.
5.           The Commission shall be
empowered to adopt delegated acts in accordance with Article 150 on delegation
concerning the establishment of a system for the exchange of information of
non-compliance between Member States.
Article 13
Ineligible operations
The following operations shall not be
eligible under the EMFF:
(a)                   
operations increasing the fishing capacity of
the vessel;
(b)                   
construction of new fishing vessels, decommissioning
or importation of fishing vessels;
(c)                   
temporary cessation of fishing activities;
(d)                   
experimental fishing;
(e)                   
transfer of ownership of a business;
(f)                     
direct restocking, unless explicitly foreseen as
a conservation measure by a Union legal act or in the case of experimental
restocking.
TITLE III
FINANCIAL FRAMEWORK
Article 14
Budget implementation
1.           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].
2.           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].
3.           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 147
of this Regulation.
4.           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
1.           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.
2.           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.
3.           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.
4.           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.
5.           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.
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)      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;
(ii)      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;
(iii)     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
(iv)     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.
TITLE IV
PROGRAMMING
CHAPTER I
Programming for measures financed under shared management
Article 18
Preparation of operational
programmes
1.           Each Member State shall
draw up a single operational programme to implement the Union priorities to be
co-financed by the EMFF.
2.           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.
3.           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.
4.           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)                   
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;
(b)                   
a pertinent approach towards innovation and
climate change mitigation and adaptation is integrated into the programme;
(c)                   
appropriate action is envisaged to simplify and
facilitate the implementation of the programme;
(d)                   
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:
(a)         
ex-ante evaluation referred to in Article 48 of
the [Regulation (EU) No [...] laying down Common Provisions];
(b)         
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;
(c)         
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;
(d)         
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];
(e)         
a list of measures selected organised by Union
priorities;
(f)           
description of selection criteria for projects;
(g)         
description of selection criteria for local
development strategies under Chapter III of Title V ;
(h)         
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);
(i)           
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;
(j)           
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 and, for information, a summary
description of the management and control structure;
(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 143.
(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 available for fisheries control, inspection and
enforcement, their 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 133;
(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, additional
costs or income foregone in accordance with Article 103, or method to calculate
compensation according to relevant criteria identified for each of the
activities deployed under Article 38(1).
3.           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.
4.           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 151(2).
Article 21
Approval of the Operational
Programme
1.           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.
2.           The Commission shall
approve the operational programme by means of implementing act.
Article 22
Amendment of the
Operational Programme
1.           The Commission shall
approve the amendment of an operational programme by means of implementing
acts.
2.           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.
3.           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
1.           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.
2.           Member States shall submit
each annual work plan by electronic means.
3.           The Commission shall
approve, by means of implementing act, the annual work plan for each year by 31
December of each year.
4.           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
1.           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)         
a transfer of funds between Union's priorities;
(b)         
introduction or withdrawal of measures or types
of operations;
(c)         
changes in the description of measures,
including changes of eligibility conditions;
(d)         
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 151(2).
CHAPTER II
Programming for measures financed under direct management
Article 25
Annual work programme
1.           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 151(3).
2.           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 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.
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). 
Article 27
General conditions
1.           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.
2.           Operating costs are not
eligible unless otherwise expressly provided for in this Chapter.
Article 28
Innovation
1.           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.
2.           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.
3.           The results of operations
financed under this Article shall be subject to adequate publicity by the
Member State according to Article 143.
Article 29
Advisory services
1.           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.
2.           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.
3.           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.
4.           Member States shall ensure
that operations to be financed under this Article are selected through an
accelerated procedure.
5.           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
1.           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).
2.           Activities referred to in
paragraph 1(b) may cover data collection activities, studies, dissemination of
knowledge and best practices.
3.           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.
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).
3.           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.
4.           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.
5.           Eligible costs under
paragraph 1(b) shall be limited to the costs of modification of a vessel
undertaken for the purpose of its reassignment.
6.           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
1.           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.
2.           The support shall be
granted to fishermen or owners of fishing vessels.
3.           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.
4.           The Commission shall be
empowered to adopt delegated acts in accordance with Article 150 in order to
identify the types of operations eligible under paragraph 1.
Article 34
Support to systems of
transferable fishing concessions of the CFP
1.           In order to establish or
modify systems of transferable fishing concessions under Article 27 of the
[Regulation on the CFP], the EMFF may support:
(a)         
the design and development of technical and
administrative means necessary for the creation or functioning of a
transferable fishing concessions system;
(b)         
stakeholder participation in designing and
developing transferable fishing concessions systems;
(c)         
the monitoring and evaluation of transferable
fishing concessions systems;
(d)         
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)         
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];
(b)         
stakeholder participation in designing and
implementing conservation measures in the meaning of Articles 17 and 21 of the
[Regulation on Common Fisheries Policy]
2.           The support referred to in
paragraph 1 shall only be granted to public authorities.
Article 36
Limiting the impact of
fishing on the marine environment
1.           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)         
improving size selectivity or species
selectivity of fishing gear;
(b)         
reducing unwanted catches of commercial stocks
or other by-catches;
(c)         
limiting the physical and biological impacts of
fishing on the ecosystem or the sea bed.
2            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.
3.           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:
(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
1.           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.
2.           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.
3.           The results of operations
financed under this Article shall be the subject to adequate publicity by the
Member State according to Article 143.
4.           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.
5.           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.
6.           The net revenue generated
by the participation of the fishing vessel in the operation shall be deducted
from the eligible expenditure of the operation.
7.           The Commission shall be
empowered to adopt delegated act in accordance with Article 150 in order to
specify the calculation of net revenue referred to in paragraph 6 linked to a
relevant period of time.
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)         
collection of waste from the sea such as the
removal of lost fishing gears and marine litter;
(b)         
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;
(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 flora[28] and Council and European
Parliament Directive 2009/147/EC of 30 November 2009 on the conservation of
wild birds[29],
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.           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.
3.           The Commission shall be
empowered to adopt delegated acts in accordance with Article 150 in order to:
(a)         
identify the types of operations eligible under
paragraph 1 of this Article;
(b)         
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;
(b)         
energy efficiency audits and schemes.
2.           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.
3.           The Commission shall be
empowered to adopt delegated acts in accordance with Article 150 in order to
define the investments eligible under paragraph 1(a).
Article 40
Product quality and use of
unwanted catches
1.           In order to improve the
quality of the fish caught the EMFF may support investments on board for this
purpose.
2.           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].
3.           Support under this Article
shall not be granted more than once during the programming period for the same
fishing vessel or the same beneficiary.
4.           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
1.           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.
2.           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].
3.           In order to improve the
safety of fishermen, the EMFF may support investments for the construction or
modernisation of shelters.
4.           Support shall not cover
the construction of new ports, new landing sites or new auction halls.
Article 42
Inland Fishing
1.           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.
3.           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.
4.           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.
5.           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).
6.           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.           Support under this Chapter
shall be limited to aquaculture enterprises unless otherwise expressly established.
2.           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.           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.
3.           The results of operations
receiving support shall be subject to adequate publicity by the Member State
according to Article 143.
Article 46
Investments in off-shore
and non-food aquaculture
1.           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.
2.           The Commission shall be
empowered to adopt delegated acts in accordance with Article 150 in order to
identify the type of operations and the eligible costs.
Article 47
New forms of income and
added value
1.           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.
2.           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)         
the setting up management, relief and advisory
services for aquaculture farms;
(b)         
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.
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:
(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.
2.           Support referred to in
paragraph 1(a) shall not be granted to large aquaculture enterprises.
Article 50
Increasing the potential
of aquacultures sites
1.           In order to contribute to
the development of the aquaculture sites and infrastructures, the EMFF may
support:
(a)         
identification and mapping of most suitable
areas for developing aquaculture, and where applicable, taking into account
maritime spatial planning processes;
(b)         
improvement of infrastructures of aquaculture
areas including through land consolidation, energy supply or water management;
(c)         
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.           In order to foster
entrepreneurship in aquaculture, the EMFF may support the setting up of
aquaculture enterprises by new starting farmers.
2.           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).
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)                   
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;
(b)                   
limiting the negative impact of aquaculture
enterprises on nature or biodiversity;
(c)                   
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;
(d)                   
increasing energy efficiency and promoting
conversion of aquaculture enterprises to renewable sources of energy;
(e)                   
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 2092/91[30] 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 production[31];
(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)[32].
2.           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.
3.           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:
(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.
2.           Support under paragraph 1 (a)
shall take the form of annual compensation for the additional costs incurred or
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.
3.           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.
4.           Support provided under paragraph
1 (c) shall take the form of annual compensation for the additional costs
incurred.
5.           The results of operations
receiving support under this Article shall be subject to adequate publicity by
the Member State according to Article 143.
Article 55
Public health measures
1.           The EMFF shall support
compensation to mollusc farmers for the temporary suspension of harvesting of
farmed molluscs exclusively for reasons of public health.
2.           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
(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.
3.           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
1.           In order to foster animal
health and welfare in aquaculture enterprises, particularly in terms of
prevention and bio-security, the EMFF may support:
(a)         
the control and eradication of diseases in
aquaculture under the terms of Council Decision 2009/470/EC on expenditure in
the veterinary field;
(b)         
the development of general and species specific
best practices or codes of conducts on bio-security or on animal welfare needs
in aquaculture;
(c)         
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.
2.           Support under paragraph
1(c) shall not cover the purchase of veterinary medicines.
3.           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 143.
4.           Support may also be
granted to public law bodies.
Article 57
Aquaculture stock
insurance
1.           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)         
adverse climatic events;
(c)         
sudden water quality changes;
(d)         
diseases in aquaculture or destruction of
production facilities.
2.           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.
3.           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.
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
Article 60
Fisheries areas
1.           A fisheries area eligible
for support shall be:
(a)         
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)[33]; and
(b)         
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..
2.           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
1.           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.           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.
3.           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.
4.           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)         
a description and justification of the
membership of the FLAG;
(b)         
a justification of the proposed EMFF budget and
allocation of resources between the local priorities identified.
5.           The Commission shall be
empowered to adopt delegated acts in accordance with Article 150 concerning the
content of the action plan referred to in Article 29(1)(e) of the [Regulation (EU) No […] laying down Common
Provisions].
6.           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
1.           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")
2.           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.
3.           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.
4.           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).
5.           The minimum tasks of FLAGs
are set out in Article 30(3) of the [Regulation (EU)
No […] laying down Common Provisions]:
6.           FLAGs may also carry out
additional tasks delegated to them by the managing authority and/or the paying
agency.
7.           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
1.           The operations eligible
under this Section are set out in Article 31 of the [Regulation
(EU) No […] laying down Common Provisions].
2.           Local action groups may
request the payment of an advance from the competent paying agency 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
1.           Preparatory support shall
cover capacity building, training and networking with a view to preparing and
implementing a local development strategy.
2.           The Commission shall be
empowered to adopt delegated acts in accordance with Article 150 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)         
adding value, creating jobs, and promoting
innovation at all stages of the fisheries and aquaculture supply chain;
(b)         
supporting diversification and job creation in
fisheries areas, in particular in other maritime sectors;
(c)         
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.
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.
2.           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.
3.           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.
4.           Approval of cooperation
projects shall take place no later than four months after the date of
submission of the project.
5.           Member States shall
communicate to the Commission the approved transnational cooperation projects.
Article 67
Running costs and
animation
1.           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.
2.           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.
3.           The Commission shall be
empowered to adopt delegated acts in accordance with Article 150 concerning
the definition of eligible costs of the operations referred to in paragraphs 1
and 2.
CHAPTER IV
Marketing and processing related measures
Article 68
Specific Objectives
Support under this Chapter shall contribute
to achieve the specific objectives of Chapter I and Chapter II of this Title.
Article 69
Production and Marketing
Plans
1.           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].
2.           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].
3.           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.
4.           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].
5.           The support referred to in
paragraph 1 shall be granted to producer organisations and associations of
producers organisations.
Article 70
Storage aid
1.           The EMFF may support
compensation to recognised producer organisations and associations of producers
organisations which store fishery products listed in Annex II 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)         
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;
(b)         
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;
(c)         
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
–              
0,4 % in 2017
–              
0,2 % in 2018
2.           By 2019 support referred
to in paragraph 1 shall be phased out.
3.           The support shall only be
granted once the products are released for human
consumption.
4.           Member States shall fix
the amount of the technical and financial costs applicable in their territories
as follows:
(a)         
technical costs shall be calculated each year on
the basis of direct costs relating to the actions required for stabilisation
and storage;
(b)         
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.
5.           Member States shall carry
out controls to ensure that the products benefiting from storage aid fulfil the
conditions laid down in this Article. For the purposes of 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)      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 foodstuffs[34];
(ii)      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.
(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.
2.           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
1.           The EMFF may support
investments in the processing of fisheries and aquaculture products:
(a)         
contributing to energy saving or reducing the
impact on the environment, including waste treatment;
(b)         
for the processing of species of limited or no
commercial interest;
(c)         
for the processing of by-products resulting from
main processing activities;
(d)         
for the processing of organic aquaculture
products as regulated in Article 6 and 7 of Council Regulation(EC) No 834/2007.
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.           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.
2.           Each Member State
concerned shall determine for the regions referred to in paragraph 1 the list
of fishery and aquaculture products and the quantity of those products eligible
for the compensation.
3.           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:
(a)         
caught by third country vessels, with the
exception of fishing vessels which fly the flag of Venezuela and operate in
Union waters;
(b)         
caught by Union fishing vessels that are not
registered in a port of one of the regions referred to in paragraph 1;
(c)         
imported from third countries.
5.           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.           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 108.
2.           The Commission shall be
empowered to adopt delegated acts in accordance to Article 150 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].
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 ([35]).
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 Art. 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)           
purchase of other control means, including
devices to enable the measurement of engine power and weighing equipment;
(g)         
implementation of pilot projects related to
fisheries control, including fish DNA analysis or the development of web-sites
related to control;
(h)         
training and exchange programmes, including
between Member States, of personnel responsible for monitoring, control and
surveillance of fisheries activities;
(i)           
cost/benefit analysis as well as assessment of
audits performed and expenditure incurred by competent authorities in carrying
out monitoring, control and surveillance;
(j)           
 initiatives, including seminars and media
tools, aimed at enhancing awareness 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.
3.           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.
4.           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.
Article 79
Data Collection
1.           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)         
at-sea monitoring of commercial and recreational
fisheries;
(d)         
research surveys-at-sea;
(e)         
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.
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;
(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.
(c)                   
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.
(d)                   
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)         
conferences, seminars and workshops;
(e)         
exchange of best practices, coordination
activities including information sharing networks and steering mechanisms for
sea-basin strategies;
(f)           
the development, operation and maintenance of
IT-systems and networks enabling the gathering, administration, validation,
analysis and exchange of, and the development of sampling methods for, data
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)         
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;
(b)         
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, 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)                   
scientific advice under CFP;
(b)                   
specific control and enforcement measures under
CFP;
(c)                   
voluntary contributions to international
organisations;
(d)                   
Advisory Councils;
(e)                   
market intelligence;
(f)                     
Common Fisheries Policy and Integrated Maritime
Policy communication activities.
Article 85
Scientific Advice and
knowledge
1.           The EMFF may support the
provision of scientific deliverables, particularly applied-research projects
directly linked to the provision of scientific opinions and advice, for the
purpose of sound and efficient fisheries management decisions under the CFP.
2.           In particular, the
following types of operations shall be eligible:
(a)         
studies and pilot projects needed for the
implementation and development of the CFP, including on alternative types of sustainable
fishing management techniques;
(b)         
the preparation and provision of scientific
opinions and advice by scientific bodies, including international advisory
bodies in charge of stock assessments, by independent experts and by research
institutions;
(c)         
the participation of experts in the meetings 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;
(d)         
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 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)         
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;
(b)         
expenditure relating to the assessment and
development of new control technologies;
(c)         
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
training of inspectors, 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.
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 to
preparations for new international organisations or preparation of new
international treaties which are of interest to the European Union;
(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 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.           The EMFF may support
operating costs of the Advisory Councils as set up by Article 52 of [Regulation
on Common Fisheries Policy].
2.           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)         
costs for information and communication
activities linked to the Common Fisheries Policy and to the Integrated Maritime
Policy, including:
(b)         
costs for production, translation and
dissemination of material tailored to the specific needs of the different
target groups in written, audiovisual and electronic format;
(c)         
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.
(d)         
travelling and accommodation costs of experts
and stakeholder representatives invited by the
Commission to meetings.
(e)         
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 ;
(b)                   
the implementation of sustainable fisheries
agreements and the Union participation in regional fisheries management
organisations;
(c)                   
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)     the measures of technical assistance
referred to in Article 52(1) of the [Regulation (EU) No [...] laying down
Common Provisions];
(b)     the establishment of national networks
aiming at disseminating information, capacity building, exchanging best practice
and supporting cooperation between the FLAGs in their territory.
2.           Exceptionally, and in duly
justified circumstances, the threshold referred to in paragraph 1 may be
exceeded.
3.           Costs of certification
body shall not be eligible under paragraph 1.
4.           The Commission shall be
empowered to adopt delegated acts in accordance with Article 150 concerning the
definition of the activities to be carried out by national networks mentioned
in paragraph 1.
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.           The decision of the
Commission approving the operational programme shall set the maximum EMFF
contribution to that programme.
2.           The EMFF contribution
shall be calculated on the basis of the amount of eligible public expenditure.
The operational programme shall establish the
EMFF contribution rate applicable to 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.
Article 95
Intensity of public aid
1.           Member States shall apply
a maximum intensity of public aid of 50% of the total eligible expenditure of
the operation.
2.           By way of derogation from
paragraph 1, Member States shall apply an intensity of public aid of 100% of
the eligible public expenditure of the operation where:
(a)         
the beneficiary is a public law body;
(b)         
the operation is related to the storage aid
referred to in Article 70;
(c)         
the operation is related to the compensation
regime referred to in Article 73;
(d)         
the operation is related to the data collection
referred to in Article 79.
3.           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)         
collective interest;
(b)         
collective beneficiary;
(c)         
public access to the results of the operation;
(d)         
innovative features of the project at local
level.
4.           By way of derogation from
paragraph 1, additional percentage points of public aid intensity as set out in
Annex I shall apply.
5.           The minimum intensity of
public aid shall be 20 % of the total eligible expenditure of the operation.
6.           The Commission shall
establish by means of implementing acts adopted in accordance with the
examination procedure referred to in Article 151(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
1.           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.
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».
Article 98
Interim payments
1.           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.
2.           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.
3.           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.
4.           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.
5.           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.
6.           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 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.
2.           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.
3.           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.
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.           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.
2.           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.
3.           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.
4.           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.
Section 3
Eligibility of expenditure and durability
Article 102
Eligible expenditure
1.           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.
2.           Only indirect costs under
Chapter III of Title V shall be eligible for EMFF contribution.
3.           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) shall only be eligible as of 1st January of the year
following the submission of the amendment.
Article 103
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.           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.
2.           In case of public
beneficiaries, advances shall be paid to municipalities, regional authorities
and associations thereof, and to public law bodies.
3.           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.
4.           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 105
Durability of the criteria
for admissibility of the operation
1.           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.
2.           The Commission shall be
empowered to adopt delegated acts in accordance with Article 150 concerning the
identification:
(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:
(a)         
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;
(b)         
the accredited paying agency within the meaning
of Article 109;
(c)         
the certification body within the meaning of
Article 112.
2.           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 108
Managing authority
1.           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 particular, information required to
monitor progress towards the defined objectives and Union priorities;
(b)         
providing the Commission, on a quarterly basis,
with relevant data on operations selected for funding, including key
characteristics of the beneficiary and the operation itself;
(c)         
ensuring that beneficiaries and other bodies
involved in the implementation of the operations:
(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;
(d)         
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;
(e)         
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;
(i)           
ensuring 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 organisations concerned, including environmental
organisations, of the possibilities offered by the programme and the rules for
gaining access to programme funding as well as 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 organisations, to carry out
the management or implementation of operations under the operational programme.
3.           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
1.           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.
2.           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).
3.           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].
4.           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.
5.           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)          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;
(b)          rules relating to supervision and
the procedure for reviewing accreditation of paying agencies;
(c)          the obligations of the paying
agencies as regards the content of their management and control
responsibilities.
Article 112
Certification bodies
1.           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.
2.           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)         
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;
(b)         
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;
(c)         
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];
(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)           
apply the required financial corrections which
are effective, dissuasive and proportionate in accordance with Union
legislation or national law;
(g)         
recover undue payments plus interest and if
necessary launch legal proceedings.
2.           Member States shall set up
efficient management and control systems in order to ensure compliance with
this Regulation.
3.           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.
4.           On-the-spot verifications
of individual operations pursuant to paragraph (3)(b) may be carried out on a
sample basis.
5.           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.
6.           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.
7.           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).
8.           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
1.           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.
2.           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.
Article 116
Irregularities
1.           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.
2.           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)         
if the costs of recovery incurred or likely to
be incurred sum up to a total amount exceeding the amount to be recovered, or
(b)         
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.
4.           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.
5.           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)         
if the Member State has not respected the time
limits referred to in paragraph 1;
(b)         
if it considers that the decision not to pursue
recovery taken by a Member State pursuant to paragraph 3 is not justified;
(c)         
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.
6.           Before adopting any
decision by means of implementing acts mentioned in this Article, the procedure
laid down in Article 129(6) shall apply.
Article 117
Financial corrections by
Member States
1.           The Member State shall in
the first instance bear the responsibility for investigating irregularities or
other cases of non compliance, making the financial corrections 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.
2.           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.
3.           For the cases of financial
corrections applied on expenditure directly linked to the non-compliance with
Article 105, 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.
4.           The contribution from the
EMFF cancelled in accordance with paragraph 1 may be re-used within the
operational programme, subject to paragraph 5.
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 118
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;
Article 119
Suspension of payments
1.           The Commission may
suspend, by means of an implementing act, all or part of the interim payments
of the operational programme where:
(a)         
there is a serious deficiency in the management
and control system of the operational programme for which corrective measures
have not been taken;
(b)         
expenditure in a certified statement of expenditure
is linked to a serious irregularity or other case of non compliance which has
not been corrected;
(c)         
the Member State has failed to take the
necessary action to remedy the situation giving rise to an interruption under
Article 118;
(d)         
there is a serious deficiency in the quality and
reliability of the monitoring system;
(e)         
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;
(f)           
the conditions referred to in Articles 17(5) and
20(3) of the Regulation [on Common Provisions] are fulfilled.
2.           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 151(3), detailed rules on the part of the payments which may be
suspended. These amounts shall be proportionate to the nature and importance of
the deficiency, irregularity or non-compliance by the Member State.
3.           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 120
Commission powers
1.           The Commission shall be
empowered to adopt delegated acts in accordance with Article 150 defining the
cases of non compliance referred to in Article 118 and 119(1)(e), including
listing the relevant the provisions of the CFP which are essential to the
conservation of marine biological resources.
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 151(3).
Section 2
Clearance of accounts and financial corrections
Article 121
On-the-spot controls
by the Commission
1.           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)     compliance of administrative practices
with Union rules;
(b)     the existence of the requisite
supporting documents and their correlation with the operations financed by the
EMFF;
(c)     the terms on which the operations
financed by the EMFF have been undertaken and controlled.
2.           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.
3.           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.
4.           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.
5.           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.
6.           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.
7.           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.
Article 122
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.           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.
2.           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,
(b)                   
for certification body:
(i)      its name;
(ii)     its address detail,
(c)                   
for measures relating to operations financed:
(i)      declarations of expenditure, which
also act as payment requests, signed by the accredited paying agency and
accompanied by the requisite information;
(ii)     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 126
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
irregularities[36]
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)    the names and particulars of
accredited paying agencies and certification bodies;
(v)     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;
(vii)    information on the measures taken to
protect the financial interests of the Commission.
(b)                   
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;
(c)                   
the notification to the Commission by Member
States of information, documents, statistics and reports, as well as the
deadlines and methods for their notification.
(d)                   
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 128
Financial correction
by the Commission and criteria for financial corrections
1.           In addition to the cases
identified in Articles 20(4) and 77 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)         
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;
(b)         
expenditure contained in a certified statement
of expenditure is irregular or affected by other case of non compliance, and
has not been corrected by the Member State prior to the opening of the
correction procedure under this paragraph;
(c)         
a Member State has not complied with its
obligations under Article 117 prior to the opening of the correction procedure
under this paragraph.
(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;
2.           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.
3.           For the cases under
paragraph 1(b) in case of non compliance with Article 105, and paragraph 1(d),
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 by the Member State or 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.
4.           When it is not possible to
quantify precisely the amount of expenditure linked to non-compliance with CFP
rules, the Commission shall apply a flat rate or extrapolated financial
correction according to paragraph 6 (a).
5.           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.
6.           The Commission shall be
empowered to adopt delegated acts in accordance with Article 150 which shall:
(a)         
establish the criteria to set the level of
financial correction to be applied in case of flat rate or extrapolated
financial corrections.
(b)         
list the relevant CFP rules referred to in
paragraph (1)(d) which are essential to the conservation of marine biological
resources.
Article 129
Procedure
1.           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.
2.           Where the Commission
proposes a financial correction 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 case of non compliance, including non compliance with CFP
rules, 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.
3.           The Commission shall take
account of any evidence supplied by the Member State within the time limits
referred to in paragraphs 1 and 2.
4.           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.
5.           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 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[37].
CHAPTER VI
Monitoring, evaluation, information and communication
Section 1
ESTABLISHMENT AND OBJECTIVES OF A MONITORING AND EVALUATION SYSTEM
Article 131
Monitoring and evaluation
system
1.           A common monitoring and
evaluation system for EMFF operations under shared management shall be
established with a view to measuring the performance of the EMFF. In order to
ensure an effective performance measurement the Commission shall be empowered
to adopt delegated acts in accordance with Article 150 regarding the content
and construction of that framework.
2.           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 151(3).
3.           Member States shall
provide the Commission with all the information necessary to permit the
monitoring and evaluation of the measures concerned. The Commission shall take
into account the data needs and synergies between potential data sources, in particular
their use for statistical purposes when appropriate. The Commission shall
adopt, 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 151(3).
4.           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.
Article 132
Objectives
The objectives of the monitoring and
evaluation system shall be:
(a)                   
to demonstrate the progress and achievements of
maritime and fisheries policy and assess the impact, effectiveness, efficiency
and relevance of EMFF operations;
(b)                   
to contribute to better targeted support for
maritime and fisheries policy;
(c)                   
to support a common learning process related to
monitoring and evaluation;
(d)                   
to provide robust, evidenced based evaluations
of the EMFF operations that feed into the decision making process.
Section 2
TECHNICAL PROVISIONS
Article 133
Common indicators
1.           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 131 to allow for aggregation of data at Union level.
2.           The common indicators
shall be linked to the milestones and targets established in the operational
programmes 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 134
Electronic Information
System
1.           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.
2.           The Commission shall
ensure that there is an appropriate secure electronic system to record,
maintain and manage key information and report on monitoring and evaluation.
Article 135
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.
Section 3
Monitoring
Article 136
Monitoring procedures
1.           The managing authority
referred to in Article 108 and the monitoring committee provided for in Article
41 of [Regulation (EU) No [...] laying down Common Provisions] shall monitor
the quality of programme implementation.
2.           The managing authority and
the monitoring committee shall carry out monitoring of the operational
programme by means of financial, output and target indicators.
Article 137
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)                   
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;
(b)                   
shall examine the activities and outputs related
to the evaluation plan of the programme;
(c)                   
shall examine actions in the programme relating
to the fulfilment of ex ante conditionalities;
(d)                   
shall consider and approve the annual
implementation reports before they are sent to the Commission;
(e)                   
shall examine actions to promote equality
between men and women, equal opportunities, and non-discrimination, including
accessibility for disabled persons;
(f)                     
shall not be consulted on Annual Work Plan for
data collections referred to in Article 23.
Article 138
Annual implementation
report
1.           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.
2.           In addition to what is
provided in Article 44 of [Regulation (EU) No [...] laying down Common
Provisions] annual implementation reports shall include:
(a)         
information on financial commitments and
expenditure by measure;
(b)         
a summary of the activities undertaken in relation
to the evaluation plan;
(c)         
information on the non respect of the durability
conditions set in Article 105 and of the remedial actions undertaken by the
Member States including if necessary financial corrections in accordance with
Article 117(2).
3.           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.
4.           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 151(3).
Section 4
Evaluation
Article 139
General provisions
1.           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 151(3).
2.           Member States shall ensure
that the evaluations conform to the common evaluation system agreed in
accordance with Article 131, 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.
3.           The evaluation reports
shall be made available by the Member States on the internet and by the
Commission on the Union website.
Article 140
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 141
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.
Article 142
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 143
Information and publicity
1.           The paying agency, in
collaboration with the managing authority, shall be responsible in accordance
with Artlice 108(1)(i) 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.
2.           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.
3.           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.
4.           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 151(2).
TITLE VIII
IMPLEMENTATION UNDER DIRECT MANAGEMENT
CHAPTER I
General provisions
Article 144
Scope
This Title shall apply to measures financed
under direct management as set out in Title VI
CHAPTER II
Control
Article 145
Protection of Union
financial interests
1.           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.
2.           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 146
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.
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.
3.           The powers of audit
referred to in paragraph 2 shall not affect the application of national
provisions which reserve certain acts for agents specifically designated by
national legislation. Officials of the Commission and of the Court of Auditors,
or their representatives, shall not take part, inter alia, in home visits or
the formal questioning of persons within the framework of the national
legislation of the Member State concerned. However, they shall have access to
information thus obtained.
4.           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.
5.           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 147
Suspension of payments,
reduction and cancellation of the financial contribution
1.           If the Commission
considers that Union funds have not been used in accordance with the conditions
laid down in this Regulation or in any other applicable Union legal act, it
shall notify the beneficiaries who shall have one month from the date of such
notification to send their observations to the Commission.
2.           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 148
Evaluation
1.           Operations financed under
this Regulation shall be monitored regularly in order to follow their
implementation.
2.           The Commission shall
ensure the regular, independent, external evaluation of the operations
financed.
Article 149
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;
(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.
TITLE IX
PROCEDURAL PROVISIONS
Article 150
Exercise of delegation
1.           The power to adopt
delegated acts is conferred on the Commission subject to the conditions laid
down in this Article.
2.           The delegation of power
referred to in the Articles 12, 33, 37, 38, 39, 46, 61, 64, 67, 75, 92, 105, 111,
112, 114, 115, 119, 127, 131 and 153 shall be conferred for an indeterminate
period of time from 1 January 2014.
3.           The delegation of power
referred to in Articles 12, 33, 37, 38, 39, 46, 61, 64, 67, 75, 92, 105, 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.
4.           As soon as it adopts a
delegated act, the Commission shall notify it simultaneously to the European
Parliament and to the Council.
5.           A delegated act adopted
pursuant to Articles12, 33, 37, 38, 39, 46, 61, 64, 67, 75, 92, 105, 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 151
Committee procedure
1.           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.
2.           Where reference is made to
this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply.
3.           Where reference is made to
this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.
TITLE X
FINAL PROVISIONS
Article 152
Repeal
1.           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.
2.           References to the repealed
Regulations shall be construed as references to this Regulation.
Article 153
Transitional provisions
1.           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 150 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.
2.           This Regulation shall not
affect the continuation or modification, including the total or partial
cancellation, of the projects concerned, until their closure, or of assistance
approved by the Commission on the basis of Regulations (EC) No 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.
Article 154
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.
This Regulation shall be binding
in its entirety and directly applicable in all Member States.
Done at Brussels,
For the European Parliament                       For
the Council
The President                                                 The
President
ANNEX I
Specific
aid intensity
 Type of operations || Percentage points 
 Related to small scale coastal fisheries may benefit from an increase by || 25 
 Located in the remote Greek Islands may benefit from an increase by || 35 
 Located in the outermost regions may benefit from an increase by || 35 
 Implemented by organisation of fishermen or other collective beneficiaries outside Chapter III of Title V may benefit from an increase by || 10 
 Implemented by producer organisation or associations of producer organisations may benefit from an increase by || 20 
 Under Article 78 on control and enforcement may benefit from an increase by || 30 
 Under Article 78 on control and enforcement related to small scale coastal fisheries may benefit from an increase by || 40 
 Implemented by enterprises that fall outside the definition of SMEs shall be reduced by || 20 
ANNEX II
[Annual breakdown of commitment
appropriations for 2014 to 2020]
ANNEX III
General Ex ante conditionalities
 Area || Ex-ante conditionality || Criteria for fulfilment 
 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 treatment in employment and occupation[38] and Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin[39] || –                         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. 
 2. Gender equality     || The existence of a strategy for the promotion of gender equality and a mechanism which ensures its effective implementation. || –                         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. 
 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 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 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. 
 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 March 2004 coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors[40] and their adequate supervision and surveillance.   || –                         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. 
 5. State aid || The existence of a mechanism which ensures effective implementation and application of EU State aid 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 environment[41] and with Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment[42].   || –                         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 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 to undertake evaluations to assess the effectiveness and impact of the programmes.     The existence of an effective system of result indicators necessary to monitor progress towards results and to undertake impact 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. 
Specific Ex ante conditionalities 
1. Priorities-linked conditionalities
 EU priority for EMFF/ CSF Thematic Objective (TO) || Ex ante conditionality || Criteria for fulfilment 
 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   || 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 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 
 EMFF priority: 3. Fostering innovative, competitive and knowledge based aquaculture 5. Promoting a sustainable and resource efficient aquaculture   TO 6: protecting the environment and promoting resource efficiency || 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;     || –                         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 
 EMFF Priority: 6 Fostering the implementation of the CFP         TO 6: protecting the environment and promoting resource efficiency   || Proven administrative capacity to comply with the data requirements for fisheries management set out in Article 37 of the [Regulation on the CFP] || –                         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 –                         Sufficient capacity in human resources allocation to undertake bilateral or multilateral agreements with other MS if work to implement the data collection obligations is shared 
 EMFF Priority: 6 Fostering the implementation of the CFP   TO 6: protecting the environment and promoting resource efficiency   || Proven administrative capacity to comply with the implementation of a Union control inspection and enforcement system as stipulated in Article 46 of the [Regulation on the CFP] and further specified in Council Regulation (EC) No 1224/2009. || The specific actions include: –                         Proven administrative capacity to prepare and implement the 2014-2020 national control program as referred to in 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 
ANNEX IV
Information and communication on support from the EMFF

1.                      
List of operations 

The list of operations referred to Article 143
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 2003[43]
(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.           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. 
2.           The Member State shall be
responsible for organising at least the following information and publicity
measures:
(a)         
a major information activity publicising the
launch of the operational programme;
(b)         
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;
(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)         
the partners referred to in Article 5 of the
[Regulation (EU) No [...] laying down Common Provisions];
(i)           
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 143(1)(a) and (b). 

3.                      
Information measures for potential beneficiaries
and beneficiaries 
3.1.                
Information measures for potential beneficiaries

1.           The managing authority
shall ensure that the operational programme's objectives and funding
opportunities offered by the EMFF are disseminated widely to potential
beneficiaries and all interested parties.
2.           The managing authority
shall ensure that potential beneficiaries are informed on at least the
following:
(k)         
the conditions of eligibility of expenditure to
be met in order to qualify for support under an operational programme; 
(l)           
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)         
the contacts at national, regional or local
level that are able to provide information on the operational programmes;
(o)         
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 143(2).
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 
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

1.2.                
Policy area(s) concerned in the ABM/ABB
structure[44] 

[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 

¨ 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)
¨ The
proposal/initiative relates to a new action following a pilot
project/preparatory action[45]

¨ The
proposal/initiative relates to the extension of an existing action 
¨ 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 employment and territorial cohesion || –                          promotion of economic growth, social inclusion, creation of jobs and supporting labour mobility in coastal and inland communities depending on fishing and aquaculture 
 –                          diversification of fisheries activities into other sectors of maritime economy and growth of maritime economy, including mitigation of climate change 
 Fostering innovative, competitive and knowledge based fisheries || –                          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 
 Fostering innovative, competitive and knowledge based aquaculture || –                          support to strengthening technological development, innovation and knowledge transfer 
 –                          enhancement of the competitiveness and viability of aquaculture enterprises, SMEs in particular 
 –                          development of new professional skills and lifelong learning 
 –                          improved market organisation for aquaculture products 
 Promoting a sustainable and resource efficient fisheries || –                          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 sustainable and resource efficient aquaculture || –                          enhancement of ecosystems related to aquaculture and promotion of resource efficient aquaculture 
 –                          promotion of aquaculture with high level of environmental protection and of animal health and welfare and of public health and safety 
 Fostering the implementation of the CFP || –                          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 || –                          Improved market organisation for fishery (Observatory) 
 Sustainable and resource efficient fisheries || –                          Increased supply of scientific knowledge and collection of data for sustainable fisheries management –                          Increased compliance through control 
 Development and Implementation of IMP || –                          Develop cross-sector instruments for better policy-making (Maritime Spatial Planning, Integrated Maritime Surveillance, Marine Knowledge) –                          Promote an integration of policies that enables sustainable and cross-border/ecosystem-based management of European sea basins. 
 Governance of the CFP and IMP || –                          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

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     || –                          EC fishing vessel owners, operators and crew. || –                          Viability of businesses. –                          Greater resilience to economic shocks, long term business planning. –                          New skills, better marketing and promotion. Sustainable fishing with less discards. 
 Aquaculture sector in the EU || –                          Owners, operators and staff of aquaculture businesses || –                          Viability of businesses. –                          Increased market incentives for sustainable/extensive aquaculture, including in NATURA 2000 sites. –                          Meeting costs of environmental requirements. –                          New skills, better marketing and promotion. 
 Fisheries dependent communities || –                          Communities dependent upon fisheries or aquaculture for their livelihoods || –                          Viable coastal and inland communities dependent on fishing. 
 Processing sector || –                          Those processing raw material both imported and caught within EC waters || –                          Increased competitiveness and value added, stable supplies of quality products. 
 Research sector || –                          Scientific research bodies and scientific community providing CFP and marine data. || –                          Supply of timely, high quality, robust and extensive data on fisheries; allowing for knowledge based policy. Increase in marine knowledge, data integration. 
 Administrations & bodies   || –                          National, regional and local bodies involved in collecting data, ensuring enforcement and control of the CFP –                          Advisory Councils, RFMOs || –                          Support to more efficient, effective and practical implementation of their tasks 
 –                          National, regional and local bodies protecting the coast, monitoring the marine environment, ensuring border control and maritime safety. || –                          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. 
 Others || Maritime Sectors in the EU || –                          Operators engaged in coastal or offshore economic activities (commercial fleet, tourism, ports etc) || –                          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) 
 Consumers || –                          Those consuming fisheries and aquaculture products || –                          Availability of high quality fisheries and aquaculture products with high nutritional values. 
 Third countries || –                          Fishing sector in competition with EU fleets –                          Aquaculture producers, exporters to the EU. –                          Administration. || –                          Access to the EU market. –                          Development of sectoral capacity through the access to EU support. 
 NGOs, the civil society and EU citizens || –                          Environmental NGOs. –                          The wider public with an interest in and 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 joint responsibility for environmental sustainability across sectors. 

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
–              
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.

1.6.                
Duration and financial impact 

¨ Proposal/initiative of limited
duration 
–     
¨        Proposal/initiative in effect from 01/01/2014 to 31/12/2020 
–     
¨        Financial impact from 2014 to 2023 
¨ 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) envisaged[46] 

¨ Centralised direct management by the Commission 
¨ Centralised indirect management with the delegation of implementation tasks to:
–     
¨        executive agencies 
–     
¨        bodies set up by the Communities[47] 
–     
¨        national public-sector bodies/bodies with public-service
mission 
–     
¨        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 
¨ Shared management with the Member States 
¨ Decentralised management with third countries 
¨ 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

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.
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.
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.
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.
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 nine 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
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.
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 2007-2013[48]."
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 regions[49]; 3 used currently;
•        One aid intensity fixed at 50% of total eligible
expenditure[50];
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.
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.

3.                      
ESTIMATED FINANCIAL IMPACT OF THE PROPOSAL/INITIATIVE
3.1.                
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
 Heading of multiannual financial framework || Budget line || Type of expenditure || Contribution 
 Number [Description………………………...……….] || Diff./non-diff ([51]) || from EFTA[52] countries || from candidate countries[53] || from third countries || within the meaning of Article 18(1)(aa) of the Financial Regulation 
 HEADING 2 Sustainable Growth – natural resources || 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 || Diff. || NO || NO || NO || NO 
Under direct management
 Heading of multiannual financial framework || Budget line || Type of expenditure || Contribution 
 Number [Description………………………...……….] || Diff./non-diff ([54]) || from EFTA[55] countries || from candidate countries[56] || from third countries || within the meaning of Article 18(1)(aa) of the Financial Regulation 
 HEADING 2 Sustainable Growth – natural resources || 11.01: Administrative expenditure of the ‘Maritime affairs and fisheries’ policy area 11.02: Fisheries markets 11.03 03: Preparatory work for new international fisheries organisations and other non-compulsory contributions to international organisations 11.04: Governance of the common fisheries policy 11.06 11: European Fisheries Fund (EFF) 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 || Diff. || NO || NO || NO || NO 

3.2.                
Estimated impact on expenditure 
3.2.1.          
Summary of estimated impact on expenditure 

EUR million (to 3 decimal places)
 Heading of multiannual financial framework: || Number 2 || Sustainable Growth – natural resources 
 DG: MARE ||   ||   || 2014 || 2015 || 2016 || 2017 || 2018 || 2019 || 2020 || 2021 || 2022 || 2023 or later || TOTAL 
  Operational appropriations ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
 Number of budget line Shared management || Commitments || (1) || 732 || 748 || 768 || 787 || 812 || 828 || 845 ||   ||   ||   || 5 520 
 Payments (indicative) || (2) || 220.8 || 441.6 || 662.4 || 662.4 || 662.4 || 662.4 || 662.4 || 662.4 || 607.2 || 276 || 5 520 
 Number of budget line Direct Management || Commitments || (1a) || 115 || 129 || 140 || 142 || 145 || 149 || 155 ||   ||   ||   || 975 
 Payments (indicative) || (2a) || 28.75 || 89.75 || 128.25 || 137.75 || 142.25 || 145.25 || 149.5 || 114.75 || 38.75 ||   || 975 
 Appropriations of an administrative nature financed from the envelope for specific programmes[57] 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 ||   || (3) || 10 || 10 || 10 || 10 || 10 || 11 || 11 ||   ||   ||   || 72 
 TOTAL appropriations || Commitments || =1+1a +3 || 857 || 887 || 918 || 939 || 967 || 988 || 1 011 ||   ||   ||   || 6567 
 Payments (indicative) || =2+2a +3 || 259.55 || 541.35 || 800.65 || 810.15 || 814.65 || 818.65 || 822.9 || 777.15 || 645.95 || 276 || 6 567 
  TOTAL operational appropriations || Commitments || (4) || 847 || 877 || 908 || 929 || 957 || 977 || 1000 ||   ||   ||   || 6 495 
 Payments (indicative) || (5) || 249.55 || 531.35 || 790.65 || 800.15 || 804.65 || 807.65 || 811.9 || 777.15 || 645.95 || 276 || 6 495 
  TOTAL appropriations of an administrative nature financed from the envelope for specific programmes || (6) || 10 || 10 || 10 || 10 || 10 || 11 || 11 ||   ||   ||   || 72 
 TOTAL appropriations for EMFF || Commitments || =4+ 6 || 857 || 887 || 918 || 939 || 967 || 988 || 1011 ||   ||   ||   || 6 567* 
 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* 
* 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 || 2015 || 2016 || 2017 || 2018 || 2019 || 2020 || TOTAL 
 146 || 141 || 136 || 136 || 136 || 137 || 136 || 968 
 Heading of multiannual financial framework: || 5 || " Administrative expenditure " 
EUR million (to 3 decimal places)
   ||   ||   || Year 2014 || Year 2015 || Year 2016 || Year 2017 || Year 2018 || Year 2019 || Year 2020 || Year 2021 || Year 2022 ||  2023 or later || TOTAL 
 DG: MARE || 
  Human resources || 11.432 || 11.432 || 11.432 || 11.432 || 11.432 || 11.432 || 11.432 ||   ||   ||   || 80.024 
  Other administrative expenditure || 3.260 || 3.260 || 3.260 || 3.260 || 3.260 || 3.260 || 3.260 ||   ||   ||   || 22.820 
 TOTAL DG MARE || Appropriations. || 14.692 || 14.692 || 14.692 || 14.692 || 14.692 || 14.692 || 14.692 ||   ||   ||   || 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 
EUR million (to 3 decimal places)
   ||   ||   || Year 2014 || Year 2015 || Year 2016 || Year 2017 || Year 2018 || Year 2019 || Year 2020 || Year 2021 || Year 2022 || 2023 or later || TOTAL 
 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 ||   ||   ||   || 6 669.844 
 Payments || 274.242 || 556.042 || 815.342 || 824.842 || 829.342 || 833.342 || 837.592 || 777.15 || 645.95 || 276 || 6 669.844 

3.2.2.          
Estimated impact on operational appropriations 

–     
¨        The proposal/initiative does not require the use of
operational appropriations 
–     
¨        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
Commitment appropriations in EUR million (to 3 decimal
places)
 Indicate objectives and outputs   ò ||   ||   || Year 2014 || Year 2015 || Year 2016 || Year 2017 || Year 2018 || Year 2019 || Year 2020 || TOTAL 
 OUTPUTS 
 Type of output[58] || Average cost of the output || Number of outputs || Cost || Number of outputs || Cost || Number of outputs || Cost || Number of outputs || Cost || Number of outputs || Cost || Number of outputs || Cost || Number of outputs || Cost || Total number of outputs || Total cost 
 SPECIFIC OBJECTIVE .[59]… •               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 •               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 ||   || 731 ||   || 746 ||   || 766 ||   || 785 ||   || 809 ||   || 826 ||   || 843 ||   || 5 506 
 TOTAL COST ||   || 731 ||   || 746 ||   || 766 ||   || 785 ||   || 809 ||   || 826 ||   || 843 ||   || 5 506 
Specific objectives under direct management
Control
 Indicate objectives and outputs   ò ||   ||   || Year 2014 || Year 2015 || Year 2016 || Year 2017 || Year 2018 || Year 2019 || Year 2020 || TOTAL 
 OUTPUTS 
 Type of output[60] || Average cost of the output || Number of outputs || Cost || Number of outputs || Cost || Number of outputs || Cost || Number of outputs || Cost || Number of outputs || Cost || Number of outputs || Cost || Number of outputs || Cost || Total number of outputs || Total cost 
 SPECIFIC OBJECTIVE [61]… || Increased compliance thorough control 
 To promote joint (i.e. multi-national) control vessels in a geographical area || Number of vessels purchased jointly by MS || 6.25 (80% of the total price of 7.812) || 4 || 25 || 2 || 12.5 || 4 || 25 || 2 || 12.5 || 2 || 12.5 || 2 || 12.5 || 2 || 12.5 || 18 || 112.5 
 To promote joint (i.e. multi-national) control vessels in a geographical area || Number of helicopters purchased jointly by MS || 12.5 (80% of the total price of 15.625) ||   ||   || 1 || 12.5 ||   ||   || 1 || 12.5 || 1 || 12.5 ||   ||   ||   ||   || 3 || 37.5 
 To promote joint (i.e. multi-national) control vessels in a geographical area || Number of aircrafts purchased jointly by MS || 13.5 (80% of the total price of 16.875) ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   || 1 || 13.5 || 1 || 13.5 || 2 || 27 
 - Output || Number of inspections conducted jointly by MS || N/A ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
 Missions to ensure the implementation of the rules of the CFP || Number of inspections, audit and verification conducted by COM inspectors || 6.667 || 150 || 1   || 150 || 1   || 150 || 1   || 150 || 1   || 150 || 1   || 150 || 1   || 150 || 1   || 1050 || 7   
 Meetings if fisheries group experts group to ensure the implementation of the rules of the CFP || Number of fisheries group experts group meetings || 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 
 - Output || Developm. of IT 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
Commitment appropriations in EUR million (to 3 decimal
places)
 Indicate objectives and outputs   ò ||   ||   || Year 2014 || Year 2015 || Year 2016 || Year 2017 || Year 2018 || Year 2019 || Year 2020 || TOTAL 
 OUTPUTS 
 Type of output[62] || Average cost of the output || Number of outputs || Cost || Number of outputs || Cost || Number of outputs || Cost || Number of outputs || Cost || Number of outputs || Cost || Number of outputs || Cost || Number of outputs || 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.[63]… 
 - Output   || Information for policy-makers || 5 ||   || 5 ||   || 5 ||   || 5 ||   || 5 ||   || 5 ||   || 5 ||   || 5 ||   || 35 
 Sub-total for specific objective ||   || 5 ||   || 5 ||   || 5 ||   || 5 ||   || 5 ||   || 5 ||   || 5 ||   || 35 
 TOTAL COST ||   || 5 ||   || 5 ||   || 5 ||   || 5 ||   || 5 ||   || 5 ||   || 5 ||   || 35 
Scientific Advice
 Indicate objectives and outputs   ò ||   ||   || Year 2014 || Year 2015 || Year 2016 || Year 2017 || Year 2018 || Year 2019 || Year 2020 || Total 
 OUTPUTS 
 Type of output[64] || Average cost of the output || Number of outputs || Cost || Number of outputs || Cost || Number of outputs || Cost || Number of outputs || Cost || Number of outputs || Cost || Number of outputs || Cost || Number of outputs || 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 || Research and advisory reports ||   || * || 1.688   || * || 1.739 || * || 1.791 || * || 1.845 || * || 1.9 || * || 1.957 || * || 2.016 || * || 12.936 
 Support to STECF meetings by JRC || logistic support ||   || 27 || 1.126 || 27 || 1.159 || 27 || 1.194 || 27 || 1.23 || 27 || 1.267 || 27 || 1.305 || 27 || 1.344 || 189 || 8.625 
 STECF operation || indemnities for experts ||   || * || 1.013 || * || 1.043 || * || 1.075 || * || 1.107 || * || 1.14 || * || 1.174 || * || 1.21 || * || 7.762 
 Advice for fish stocks and ecosystems || databases and expertise ||   || * || 1.688 || * || 1.739 || * || 1.791 || * || 1.845 || * || 1.9 || * || 1.957 || * || 2.016 || * || 12.936 
 Scientific Partnerships || study projects ||   || * || 2.251 || * || 2.319 || * || 2.388 || * || 2.46 || * || 2.534 || * || 2.61 || * || 2.688 || * || 17.25 
 Ecosystem and economic advice || advice reports ||   || * || 1.234 || * || 5.001 || * || 4.761 || * || 6.513 || * || 6.259 || * || 5.997 || * || 6.726 || * || 36.491 
 Sub-total for specific objective ||   || 9 ||   || 13 ||   || 13 ||   || 15 ||   || 15 ||   || 15 ||   || 16 ||   || 96 
 TOTAL COST ||   || 9 ||   || 13 ||   || 13 ||   || 15 ||   || 15 ||   || 15 ||   || 16 ||   || 96 
Data Collection Regional, Studies &
Scientific Advice
 Indicate objectives and outputs   ò ||   ||   || Year 2014 || Year 2015 || Year 2016 || Year 2017 || Year 2018 || Year 2019 || Year 2020 || TOTAL 
 OUTPUTS 
 Type of output[65] || Average cost of the output || Number of outputs || Cost || Number of outputs || Cost || Number of outputs || Cost || Number of outputs || Cost || Number of outputs || Cost || Number of outputs || Cost || Number of outputs || Cost || Total number of outputs || Total cost 
 SPECIFIC OBJECTIVE [66] 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 
 - Output || Regional Coordination projects || 0.5 || 2 || 1 || 6 || 3 || 6 || 3 || 6 || 3 || 4 || 2 || 4 || 2 || 8 || 4 || 36 || 18 
 Sub-total for specific objective || 4 || 2 || 8 || 4 || 8 || 4 || 8 || 4 || 6 || 3 || 6 || 3 || 10 || 5 || 50 || 25 
 SPECIFIC OBJECTIVE Studies ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
 - Output || Studies || 0.5 || 10 || 5 || 10 || 5 || 10 || 5 || 10 || 5 || 12 || 6 || 12 || 6 || 14 || 7 || 78 || 39 
 Sub-total for specific objective || 10 || 5 || 10 || 5 || 10 || 5 || 10 || 5 || 12 || 6 || 12 || 6 || 14 || 7 || 78 || 39 
   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
 TOTAL COST ||   || 7 ||   || 9 ||   || 9 ||   || 9 ||   || 9 ||   || 9 ||   || 12 ||   || 64 
Governance
 Indicate objectives and outputs   ò ||   ||   || 2014 || 2015 || 2016 || 2017 || 2018 || 2019 || 2020 || TOTAL 
 OUTPUTS 
 Type of output[67] || Average cost of the output || Number of outputs || Cost || Number of outputs || Cost || Number of outputs || Cost || Number of outputs || Cost || Number of outputs || Cost || Number of outputs || Cost || Number of outputs || Cost || Total number of outputs || Total cost 
 SPECIFIC OBJECTIVE [68]Governance of the CFP ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
 - Output: Advisory Councils || Services || 0.33 || 9 || 3 || 9 || 3 || 9 || 3 || 9 || 3 || 9 || 3 || 9 || 3 || 9 || 3 || 9 || 21 
 - Output: information, communication and Commission meetings with experts/stakeholders || Products || 0.1 || 40 || 4 || 40 || 4 || 50 || 5 || 50 || 5 || 50 || 5 || 60 || 6 || 60 || 6 || 350 || 35 
   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
 Sub-total for specific objective || 49 || 7 || 49 || 7 || 59 || 8 || 59 || 8 || 59 || 8 || 69 || 9 || 69 || 9 || 359 || 56 
 TOTAL COST || 49 || 7 || 49 || 7 || 59 || 8 || 59 || 8 || 59 || 8 || 69 || 9 || 69 || 9 || 359 || 56 
Integrated Maritime Policy
 Indicate objectives and outputs ||   ||   || Year || Year || Year || Year || Year || Year || Year || TOTAL 
   || 2014 || 2015 || 2016 || 2017 || 2018 || 2019 || 2020 
 ò || OUTPUTS 
   || Type of output[1] || Average cost || Number || Cost || Number || Cost || Number || Cost || Number || Cost || Number || Cost || Number || Cost || Number || Cost || Total number of outputs || Total 
   || of outputs || of outputs || of outputs || of outputs || of outputs || of outputs || of outputs || cost 
 SPECIFIC OBJECTIVE No 1: Promote integrated maritime governance at local, regional, national, sea basin, EU and international level ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
 Output: actions supporting integrated approaches of maritime affairs in Member States and in European sea basins ||   ||  3,01 ||   ||  3,33 ||   ||  3,93 ||   ||  3,93 ||   ||  4,06 ||   ||  4,06 ||   ||  4,25 ||   ||  26,57 
 Output: umber of bilateral and regional framework, and meetings with key partners, improving international collaboration on maritime affairs ||   ||  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 ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
 Output: Actions supporting 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 ||   ||  11,34 ||   ||  12,50 ||   ||  14,81 ||   ||  14,81 ||   ||  15,28 ||   ||  15,28 ||   ||  15,98 ||   ||  100,00 
 Output: Number of downloads of data assembled through European Marine Observation and Data Network ||   ||  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. ||   ||  2,27 ||   ||  2,51 ||   ||  2,96 ||   ||  2,96 ||   ||  3,05 ||   ||  3,05 ||   ||  3,20 ||   ||  20,00 
 Output: number of Awareness and dissemination actions on EU, national and regional level; ||   ||  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 
 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   ò ||   ||   || Year 2014 || Year 2015 || Year 2016 || Year 2017 || Year 2018 || Year 2019 || Year 2020 || TOTAL 
 OUTPUTS 
 Type of output[69] || Average cost of the output || Number of outputs || Cost || Number of outputs || Cost || Number of outputs || Cost || Number of outputs || Cost || Number of outputs || Cost || Number of outputs || Cost || Number of outputs || Cost || Total number of outputs || Total cost 
 SPECIFIC OBJECTIVE[70]… ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
 - Output || Preparatory work for new international fisheries organisations and other non-compulsory contributions to international organisations ||   || 18 || 10 || 18 || 13 || 18 || 13 || 18 || 13 || 18 || 14 || 18 || 16 || 18 || 15 || 126 || 94 
 TOTAL COST || 18 || 10 || 18 || 13 || 18 || 13 || 18 || 13 || 18 || 14 || 18 || 16 || 18 || 15 || 126 || 94 

3.2.3.          
Estimated impact on appropriations of an
administrative nature
3.2.3.1.    
Summary 

–     
¨        The proposal/initiative does not require the use of
administrative appropriations 
–     
¨        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 
 Other administrative expenditure || 3.260 || 3.260 || 3.260 || 3.260 || 3.260 || 3.260 || 3.260 || 22.820 
 Subtotal HEADING 5 of the multiannual financial framework || 14.692 || 14.692 || 14.692 || 14.692 || 14.692 || 14.692 || 14.692 || 102.844 
 Outside HEADING 5[71] of the multiannual financial framework ||   ||   ||   ||   ||   ||   ||   ||   
 Human resources || 1.724 || 1.724 || 1.724 || 1.724 || 1.724 || 1.724 || 1.724 || 12.068 
 Other expenditure of an administrative nature || 8.276 || 8.276 || 8.276 || 8.276 || 8.276 || 9.276 || 9.276 || 59.932 
 Subtotal outside HEADING 5 of the multiannual financial framework || 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 
 Estimated requirements of human resources 
–     
¨        The proposal/initiative does not require the use of human
resources 
–     
¨        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 || Year 2020 
  Establishment plan posts (officials and temporary agents) || 
 || 11 01 01 01 (Headquarters and Commission’s Representation Offices) || 82 || 82 || 82 || 82 || 82 || 82 || 82 
 || XX 01 01 02 (Delegations) || 1 || 1 || 1 || 1 || 1 || 1 || 1 
 || XX 01 05 01 (Indirect research) ||   ||   ||   ||   ||   ||   ||   
 || 10 01 05 01 (Direct research) ||   ||   ||   ||   ||   ||   ||   
 ||  External personnel (in Full Time Equivalent unit: FTE)[72] || 
 || 11 01 02 01 (CA, INT, SNE from the "global envelope") || 12 || 12 || 12 || 12 || 12 || 12 || 12 
 || XX 01 02 02 (CA, INT, JED, LA and SNE in the delegations) ||   ||   ||   ||   ||   ||   ||   
 || 11 01 04 || - at Headquarters[73] || 16 || 16 || 16 || 16 || 16 || 16 || 16 
 || - in delegations || 7 || 7 || 7 || 7 || 7 || 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 || 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:
 Officials and temporary agents ||   
 External personnel ||   

3.2.4.          
Compatibility with the current multiannual
financial framework 

–     
¨        Proposal/initiative is compatible the next multiannual
financial framework.
–     
¨        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.
–     
¨        Proposal/initiative requires application of the flexibility
instrument or revision of the multiannual financial framework[74].
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 
–     
¨ 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 appropriations cofinanced ||   ||   ||   ||   ||   ||   ||   ||   

3.3.                
Estimated impact on revenue 

–     
¨        Proposal/initiative has no financial impact on revenue.
–     
¨        Proposal/initiative has the following financial impact:
·                   
¨         on own resources 
·                   
¨         on miscellaneous revenue 
EUR million (to 3 decimal places)
 Budget revenue line: || Appropriations available for the ongoing budget year || Impact of the proposal/initiative[75] 
 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) 
 Article …………. ||   ||   ||   ||   ||   ||   ||   ||   
For miscellaneous
assigned revenue, specify the budget expenditure line(s) affected.
Specify the method for
calculating the impact on revenue.
[1]               OJ
C , , p. .
[2]               OJ
C , , p. .
[3]               OJ L223, 15.8.2006, p.1
[4]               OJ L 160, 14.6.2006, p.1.
[5]               OJ L209, 11.8.2005, p.1.
[6]               OJ L176, 6.7.2007, p 1.
[7]               COM(2010)
2020 final, 3.3.2010.
[8]           OJ L 164, 25.6.2008,
p. 19
[9]               OJ
L286, 29.10.2008, p.1.
[10]             OJ
L 343, 22.12.2009, p. 1.
[11]             COM(2011)
615 final.
[12]             COM(2002)
511 final.
[13]             OJ
L[..], […],p.;
[14]             OJ
L 176, 6.7.2007, p. 1.
[15]             COM(2007)575
final of 10.10.2007.
[16]             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'. 
[17]             OJ L[..], […], p.
[18]             COM(2009)163
final of 22.4.2009.
[19]             Judgment
of the Court of 9.11.2010, Joined Cases C-92/09 and C-93/09, Schecke. 
[20]             OJ
L55, 28.2.2011, p.13.
[21]             COM(2011)
425 final.
[22]             COM(2011)
615 final.
[23]             O.J.
L 148 of 6.6.2002
[24]             OJ L 134, 30.4.2004, p.114.
[25]             OJ
L 5, 9.1.2004, p.25.
[26]             OJ
L, P..
[27]             OJ L[..], [...],P.
[28]             OJ L 206 , 22.7.1992 p.7.
[29]             OJ L 20, 26.1.2010, p. 7.
[30]             OJ
L 189, 20.7.2007, p. 1
[31]             OJ
L 204, 6.8.2009, p. 15
[32]             OJ
L 114, 24.4.2001, p. 1
[33]             OJ
L 154, 21.6.2003, p. 1
[34]             OJ L 93, 31.3.2006, p. 12;
OJ L 335M , 13.12.2008, p. 213 (MT).
[35]             OJ
L 343, 22.12.2009, p. 1
[36]             OJ
L 292, 15.11.1996, p. 2
[37]             OJ L 83,
27.3.1999, p. 1. 
[38]             OJ L 303 , 02.12.2000, p.16
[39]             OJ L 180 , 19.07.2000, p.22
[40]             OJ L 134, 30.4.2004, p. 1
[41]             OJ L 175, 5.7.1985, p. 40
[42]             OJ L 197, 21.7.2001, p. 30
[43]             OJ L 5, 9.1.2004, p.25.
[44]             ABM:
Activity-Based Management – ABB: Activity-Based Budgeting.
[45]             As
referred to in Article 49(6)(a) or (b) of the Financial Regulation.
[46]             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
[47]             As
referred to in Article 185 of the Financial Regulation.
[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
[49]             With
the exception of data collection and control measures
[50]             Exceptions
clearly identified and justified in policy terms (small scale fisheries,
collective actions, remote Greek islands, outermost regions).
[51]             Diff.
= Differentiated appropriations / Non-Diff. = Non-differentiated appropriations
[52]             EFTA:
European Free Trade Association. 
[53]             Candidate
countries and, where applicable, potential candidate countries from the Western
Balkans.
[54]             Diff.
= Differentiated appropriations / Non-Diff. = Non-differentiated appropriations
[55]             EFTA:
European Free Trade Association. 
[56]             Candidate
countries and, where applicable, potential candidate countries from the Western
Balkans.
[57]             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.
[58]             Outputs
are products and services to be supplied (e.g.: number of student exchanges
financed, number of km of roads built, etc.).
[59]             As
described in Section 1.4.2. "Specific objective(s)…"
[60]             Outputs
are products and services to be supplied (e.g.: number of student exchanges
financed, number of km of roads built, etc.).
[61]             As
described in Section 1.4.2. "Specific objective(s)…"
[62]             Outputs
are products and services to be supplied (e.g.: number of student exchanges
financed, number of km of roads built, etc.).
[63]             As
described in Section 1.4.2. "Specific objective(s)…"
[64]             Outputs
are products and services to be supplied (e.g.: number of student exchanges
financed, number of km of roads built, etc.).
[65]             Outputs
are products and services to be supplied (e.g.: number of student exchanges
financed, number of km of roads built, etc.).
[66]             As
described in Section 1.4.2. "Specific objective(s)…"
[67]             Outputs
are products and services to be supplied (e.g.: number of student exchanges
financed, number of km of roads built, etc.).
[68]             As
described in Section 1.4.2. "Specific objective(s)…"
[69]             Outputs
are products and services to be supplied (e.g.: number of student exchanges
financed, number of km of roads built, etc.).
[70]             As
described in Section 1.4.2. "Specific objective(s)…"
[71]             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.
[72]             CA=
Contract Agent; INT= agency staff ("Intérimaire"); JED= "Jeune
Expert en Délégation" (Young Experts in Delegations); LA= Local Agent;
SNE= Seconded National Expert; 
[73]             Essentially
for Structural Funds, European Agricultural Fund for Rural Development (EAFRD)
and European Fisheries Fund (EFF).
[74]             See
points 19 and 24 of the Interinstitutional Agreement.
[75]             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.