Legal provisions of COM(2022)179 - Amending Regulation 508/2014 as regards measures to alleviate the consequences of war in Ukraine on fishing activities and disruption on the supply chain of fishery products

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Article 1

Amendments to Regulation (EU) No 508/2014

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

1.in Article 13, the following paragraph is added:

‘7.   The budgetary resources referred to in paragraphs 2 and 3 of this Article may be reallocated to the support referred to in point (d) of Article 33(1), in Article 44(4a), in Article 67 and in Article 68(3) to alleviate the consequences of Russia’s war of aggression against Ukraine on fishing activities and to mitigate the effects of the market disruption caused by that war of aggression on the supply chain of fishery and aquaculture products.’;

2.in Article 22(2), point (e) is replaced by the following:

‘(e)amendments to operational programmes concerning the support referred to in point (d) of Article 33(1), Article 35, Article 44(4a), point (b) of Article 55(1), Articles 57, 66 and 67, Article 68(3) and Article 69(3), including the reallocation of financial resources thereto to address the consequences of the COVID-19 outbreak or to alleviate the consequences of Russia’s war of aggression against Ukraine on fishing activities and to mitigate the effects of the market disruption caused by that war of aggression on the supply chain of fishery and aquaculture products.’;

3.Article 33 is amended as follows:

(a)paragraph 1 is amended as follows:

(i)in the first subparagraph, point (d) is replaced by the following:

‘(d)where the temporary cessation of fishing activities occurs between 1 February and 31 December 2020 as a consequence of the COVID-19 outbreak, including for vessels operating under a sustainable fisheries partnership agreement, or occurs on or after 24 February 2022 as a consequence of Russia’s war of aggression against Ukraine that jeopardises the security of fishing activities or impedes the economic viability of fishing operations.’;

(ii)the second subparagraph is replaced by the following:

‘In accordance with the second subparagraph of Article 65(9) of Regulation (EU) No 1303/2013 and by way of derogation from the first subparagraph thereof, expenditure for operations supported under point (d) of the first subparagraph of this paragraph shall be eligible as from 1 February 2020 if they are the consequence of the COVID-19 outbreak, or as from 24 February 2022 if they are the consequence of Russia’s war of aggression against Ukraine that jeopardises the security of fishing activities or impedes the economic viability of fishing operations.’;

(b)paragraph 2 is replaced by the following:

‘2.   The support referred to in points (a), (b) and (c) of the first subparagraph of paragraph 1 may be granted for a maximum duration of six months per vessel during the eligibility period referred to in Article 65(2) of Regulation (EU) No 1303/2013. That maximum duration shall not apply to the support referred to in point (d) of that subparagraph.’;

4.in Article 44, paragraph 4a is replaced by the following:

‘4a.   The EMFF may support measures for temporary cessation of fishing activities caused by the COVID-19 outbreak or by Russia’s war of aggression against Ukraine that jeopardises the security of fishing activities or impedes the economic viability of fishing operations, as provided for in point (d) of the first subparagraph of Article 33(1), under the conditions laid down in Article 33.’;

5.in Article 67(1), first subparagraph, the introductory part is replaced by the following:

‘1.   Where needed to respond to the COVID-19 outbreak or to mitigate the effects of the market disruption caused by Russia’s war of aggression against Ukraine on the supply chain of fishery and aquaculture products, the EMFF may support compensation to recognised producer organisations and associations of producer organisations which store fishery or aquaculture products listed in Annex II to Regulation (EU) No 1379/2013 or products falling within CN code 0302 as listed in point (a) of Annex I to that Regulation, provided that those products are stored in accordance with Articles 30 and 31 of that Regulation, and subject to the following conditions:’;

6.in Article 67, paragraph 2 is replaced by the following:

‘2.   The support referred to in paragraph 1 shall end on 31 December 2020, except if it mitigates the effects of the market disruption caused by Russia’s war of aggression against Ukraine on the supply chain of fishery and aquaculture products.

In accordance with the second subparagraph of Article 65(9) of Regulation (EU) No 1303/2013 and by way of derogation from the first subparagraph thereof, expenditure for operations supported under this Article shall be eligible as from 1 February 2020 to respond to the COVID-19 outbreak, and as from 24 February 2022 to mitigate the effects of the market disruption caused by Russia’s war of aggression against Ukraine on the supply chain of fishery and aquaculture products.’;

7.in Article 68, the following paragraph is added:

‘3.   The EMFF may support financial compensation to operators of the fishery and aquaculture sector for their income foregone, and for additional costs they incur due to the market disruption caused by Russia’s war of aggression against Ukraine and its effects on the supply chain of fishery and aquaculture products.

In accordance with the second subparagraph of Article 65(9) of Regulation (EU) No 1303/2013, expenditure for operations supported under the first subparagraph of this paragraph shall be eligible as from 24 February 2022.

The compensation referred to in the first subparagraph of this paragraph shall be calculated in accordance with Article 96.’;

8.in Article 95(2), point (e) is replaced by the following:

‘(e)the operation is related to support under Article 33 or 34 or to compensation under Article 54, Article 55, Article 56, Article 68(3) or Article 69(3);’.

Article 2

Entry into force

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.