Legal provisions of COM(2013)245 - 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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dossier COM(2013)245 - European Maritime and Fisheries Fund [repealing Council Regulation (EC) No 1198/2006 and Council Regulation(EC) No 861/2006 ...
document COM(2013)245 EN
date April 22, 2013

Contents

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], 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] 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;

(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;

(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;

(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].

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)] 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 12750 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 12750 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 12447 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 107 113 of the [Regulation (EU) No [...] laying down Common Provisions] and, for information, a summary description of the management and control structuresystem;

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

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

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

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

(i)      a list of bodies implementing the control, inspection and enforcement system and a brief description of their human and financial resources 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 11033;

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

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

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

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

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

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

(ii)      a description of data storage methods, data management and data use,

(iii)     a demonstration of the capability to achieve sound financial and administrative management of the data collected.

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

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

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 12851(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 12851(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 12851(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 12043.

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 12750 in order to identify the types of operations eligible under paragraph 1.

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

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 12043.

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 12750 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 and Council and European Parliament Directive 2009/147/EC of 30 November 2009 on the conservation of wild birds, 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 12750 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 12750 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 12043.

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 12750 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 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;

(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).

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 12043.

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 12043.

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); 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 12750 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 managing authority if such possibility is provided for in the operational programme. The amount of the advances shall not exceed 50% of the public support related to the running costs.

Article 64 - Preparatory support

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 12750 concerning the definition of eligible costs of the activities under paragraph 1.

Article 65 - Implementation of local development strategies

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

(a) 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 12750 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;

(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 99108.

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

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

Article 76 - Geographical scope

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

Article 77 - Specific Objectives

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

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 ().

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

(a) purchase or development of technology, including hardware and software, vessel detection systems (VDS), CCTV systems and IT networks enabling the gathering, administration, validation, analysis and exchange of, and the development of sampling methods for, data related to fisheries, as well as interconnection to cross-sectoral data exchange systems;

(b) purchase and installation of the components necessary to ensure data transmission from actors involved in fishing and the marketing of fishery products to the relevant Member State and EU authorities, including the necessary components for electronic recording and reporting systems (ERS), vessel monitoring systems (VMS), and automatic identification systems (AIS) used for control purposes;

(c) purchase and installation of the components necessary to ensure traceability of fishery and aquaculture products, as defined in Article. 58 of Council Regulation (EC) No 1224/2009;

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

(e) modernisation and purchase of patrol vessels, aircrafts and helicopters, provided they are used at least 60% of the time for fisheries control;

(f) 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 managing authority.

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 audit authorities shall not be eligible under paragraph 1.

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

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.

4. By way of derogation from paragraph 2, the maximum EMFF contribution rate applicable to the objectives under a Union priority shall be increased by ten percentage points, where the whole of the Union priority set out in paragraph 1 of Article 6 is delivered through community-led local development.

Article 95 - Intensity of public aid

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 12851(3) how the different percentage points of public aid intensity shall apply in the case where several conditions of Annex I are fulfilled.

Section 2 - Financial management and use of the euro


Article 96 - Pre-financing arrangements

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 23 - Eligibility of expenditure and durability


Article 96102 - 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) of this regulation shall only be eligible as of 1st January of the year following the submission of the amendment by the Member State to the Commission in accordance with Article 24(1).

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

Where aid is granted on the basis of simplified costs, additional costs or income foregone, Member States shall ensure that the relevant calculations are adequate, accurate and established in advance on the basis of a fair, equitable and verifiable calculation.

Article 104 - Advances

1. 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 98105 - 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 12750 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 99108 - Managing authority

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

(a)     ensuring that there is an appropriate secure electronic system to record, maintain, manage and report statistical information on the programme and its implementation required for the purposes of monitoring and evaluation and, in particular, information required to monitor progress towards the defined objectives and Union priorities;

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

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

(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;

(bi)    ensuringe publicity for the programme by informing potential beneficiaries, professional organisations, the economic and social partners, bodies involved in promoting equality between men and women, and the non-governmental organisations concerned, including environmental organisations, of the possibilities offered by the programme and the rules for gaining access to programme funding;

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

2. The Member State or the managing authority may designate one or more intermediate bodies including regional or local authorities, or non-governmental organisations, to carry out the management or implementation of operations under the operational programme.

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

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 10017 - 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. In addition to Article 135 of [Regulation (EU) No [...] laying down Common Provisions], the Member States shall in the first instance be responsible also for investigating the cases of non-compliance with rules applicable under the Common Fisheries Policy.

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

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 10118 - Interruption of the payment deadline

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

Article 10219 - Suspension of payments

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

(a) 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;.

(e) 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 12851(3), detailed rules on the part of the payments which may be suspended. These amounts of those payments shall be proportionate to the nature and importance of the deficiency, irregularity or non-compliance by the Member State.

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 10320 - Commission powers

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

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

Section 2 - Clearance of accountsInformation exchange and financial corrections


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 10422 - Access to information

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

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

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

Article 123 - Access to documents

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

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

Article 124 - Clearance of accounts

1. 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 10526 - Confidentiality

Member States and the Commission shall take all necessary steps to ensure the confidentiality of the information communicated or obtained during on the spot controls or in the context of clearance of accounts implemented under this Regulation.

The principles mentioned in Article 8 of Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot controls and inspections carried out by the Commission in order to protect the European Communities' financial interests against fraud and other irregularities 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 10628 - Financial correction by the Commission and criteria for financial corrections

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

(a)     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 otherthe cases of non compliance with CFP rules by beneficiary, and has not been corrected by the Member State prior to the opening of the correction procedure under this paragraph. Financial correction resulting from these cases shall be proportionate to the nature, extent, duration and repetition of the non-compliance;

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

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

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.

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

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

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.

46. The Commission shall be empowered to adopt delegated acts in accordance with Article 12750 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)(bd) which are essential to the conservation of marine biological resources.

Article 10729 - 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. In addition to paragraph 2 of Article 137 of [Regulation (EU) No [...] laying down Common Provisions], where the Commission proposes a financial correction referred to in Article 106(2) on the basis of extrapolation or at a flat rate, the Member State shall be given the opportunity to demonstrate, through an examination of the documentation concerned, that the actual extent of irregularity or other the case of non compliance, including non compliance with CFP rules, and its link to the expenditure was less than the Commission's assessment. In agreement with the Commission, the Member State may limit the scope of this examination to an appropriate proportion or sample of the documentation concerned. Except in duly justified cases, the time allowed for this examination shall not exceed a further period of two months after the two-month period referred to in paragraph 1.

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.

CHAPTER VI - Monitoring, evaluation, information and communication

Section 1 - ESTABLISHMENT AND OBJECTIVES OF A MONITORING AND EVALUATION SYSTEM


Article 10831 - 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 12750 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 12851(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 12851(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 10932 - 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 11033 - 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 10831 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 11134 - 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 11235 - Provision of information

Beneficiaries of support under EMFF, including local action groups, shall undertake to provide to the managing authority and/or to appointed evaluators or other bodies delegated to perform functions on its behalf, all the data and information necessary to permit monitoring and evaluation of the programme, in particular in relation to meeting specific objectives and priorities.

Section 3 - Monitoring


Article 11336 - Monitoring procedures

1. The managing authority referred to in Article 99108 and the monitoring committee provided for in Article 41 of [Regulation (EU) No [...] laying down Common Provisions] shall monitor the quality of programme implementation.

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 11437 - Responsibilities of the monitoring committee

In addition to the responsibilities provided for in Article 43 of [Regulation (EU) No [...] laying down Common Provisions], the monitoring committee shall verify the performance of the operational programme and the effectiveness of its implementation. To that end, the monitoring committee:

(a) 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 11538 - 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 98105 and of the remedial actions undertaken by the Member States including if necessary financial corrections in accordance with Article 117135(2) of [Regulation (EU) No [...] laying down Common Provisions].

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 12851(3).

Section 4 - Evaluation


Article 11639 - 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 12851(3).

2. Member States shall ensure that the evaluations conform to the common evaluation system agreed in accordance with Article 10831, shall organise the production and gathering of the requisite data, and shall supply the various pieces of information provided by the monitoring system to the evaluators.

3. The evaluation reports shall be made available by the Member States on the internet and by the Commission on the Union website.

Article 11740 - Ex ante evaluation

Member States shall ensure that the ex ante evaluator is engaged from an early stage in the process of development of the EMFF programme, including the development of the analysis referred to in Article 20(1)b), the design of the programme’s intervention logic and the establishment of the programme’s targets.

Article 11841 - Ex post evaluation

In line with Article 50 of the [Regulation (EU) No [...] laying down Common Provisions] an ex post evaluation report shall be prepared by the Member States for the operational programme. This report shall be submitted to the Commission by 31 December 2023 at the latest.

Article 11942 - Syntheses of evaluations

Syntheses at Union level of the ex ante and ex post evaluation reports shall be undertaken under the responsibility of the Commission. The syntheses of the evaluation reports shall be completed at the latest by 31 December of the year following the submission of the relevant evaluations.

Section 5 - Information and communication


Article 12043 - Information and publicity

1. The paying agency, in collaboration with the managing authority, shall be responsible in accordance with Artlice 99108(1)(i)b) for:

(a) ensuring the establishment of a single website or a single website portal providing information on, and access to, the operational programme in each Member State;

(b) informing potential beneficiaries about funding opportunities under the operational programme;

(c) publicising to Union citizens the role and achievements of the EMFF through information and communication actions on the results and impact of Partnership Contracts, operational programmes and operations.

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 12851(2).

TITLE VIII - IMPLEMENTATION UNDER DIRECT MANAGEMENT

CHAPTER I - General provisions

Article 12144 - Scope This Title shall apply to measures financed under direct management as set out in Title VI CHAPTER II Control

Article 12245 Protection of Union financial interests

1. 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 12346 - Audits

1. Officials of the Commission and of the Court of Auditors, or their representatives, may carry out on-the-spot audits on operations financed by this Regulation at any time with a minimum of ten working days’ notice, except in urgent cases, for a period up to three years after the final payment made by the Commission.

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 12447 - 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 12548 - 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 12649 - Reporting

The Commission shall submit to the European Parliament and the Council:

(a) an interim evaluation report on the results obtained and the qualitative and quantitative aspects of the implementation of the operations financed under this Regulation no later than 31 March 2017;

(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 12750 - 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, 108, 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, 108, 111, 112, 114, 115, 119, 127, 131 and 153 may be revoked at any time by the European Parliament or by the Council. A decision of revocation shall put an end to the delegation of the powers specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

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, 108, 111, 112, 114, 115, 119, 127, 131 and 153 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of 2 months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by 2 months at the initiative of the European Parliament or the Council.

Article 12851 - Committee procedure

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 12952 - 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 13053 - 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 12750 concerning the conditions under which support approved by the Commission under those Regulations may be integrated into support provided for under this Regulation, including for technical assistance and for the ex-post evaluations.

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 13154

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.