2011 on integrated maritime policy] - Main contents

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dossier	COM(2011)804 - European Maritime and Fisheries Fund [repealing Council Regulation (EC) No 1198/2006 and Council Regulation(EC) No 861/2006 ...
document	COM(2011)804
date	May 15, 2014

Agreement on the implementation of Part XI thereof (OJ L 179, 23.6.1998, p. 3).

(11) Regulation (EU) No 1303/2013 of the European Parliament and the Council of 17 December 2013 laying down common provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural Development and the European Maritime and Fisheries Fund and laying down general provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund and the European Maritime and Fisheries Fund and repealing Council Regulation (EC) No 1083/2006 (OJ L 347, 20.12.2013, p. 320).

(12) Directive 2008/56/EC of the European Parliament and of the Council of 17 June 2008 establishing a framework for community action in the field of marine environmental policy (Marine Strategy Framework Directive) (OJ L 164, 25.6.2008, p. 19).

(13) Council Regulation (EC) No 199/2008 of 25 February 2008 concerning the establishment of a Community framework for the collection, management and use of data in the fisheries sector and support for scientific advice regarding the Common Fisheries Policy (OJ L 60, 5.3.2008, p. 1).

(14) Regulation (EU) No 1379/2013 of the European Parliament and of the Council of 11 December 2013 on the common organisation of the markets in fishery and aquaculture products, amending Council Regulations (EC) No 1184/2006 and (EC) No 1224/2009 and repealing Council Regulation (EC) No 104/2000 (OJ L 354, 28.12.2013, p. 1).

(15) Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy, amending Regulations (EC) No 847/96, (EC) No 2371/2002, (EC) No 811/2004, (EC) No 768/2005, (EC) No 2115/2005, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007, (EC) No 676/2007, (EC) No 1098/2007, (EC) No 1300/2008, (EC) No 1342/2008 and repealing Regulations (EEC) No 2847/93, (EC) No 1627/94 and (EC) No 1966/2006 (OJ L 343, 22.12.2009, p. 1).

(16) Regulation (EU) No 1291/2013 of the European Parliament and of the Council of 11 December 2013 establishing Horizon 2020 — the Framework Programme for Research and Innovation (2014-2020) and repealing Decision No 1982/2006/EC (OJ L 347, 20.12.2013, p. 104).

(17) Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (OJ L 281, 23.11.1995, p. 31).

(18) Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).

(19) Recommendation 2002/413/EC of the European Parliament and of the Council of 30 May 2002 concerning the implementation of Integrated Coastal Zone Management in Europe (OJ L 148, 6.6.2002, p. 24).

(20) Commission Regulation (EC) No 26/2004 of 30 December 2003 on the Community fishing fleet register (OJ L 5, 9.1.2004, p. 25).

(21) Council Regulation (EC) No 1005/2008 of 29 September 2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing, amending Regulations (EEC) No 2847/93, (EC) No 1936/2001 and (EC) No 601/2004 and repealing Regulations (EC) No 1093/94 and (EC) No 1447/1999 (OJ L 286, 29.10.2008, p. 1).

(22) Directive 2008/99/EC of the European Parliament and of the Council of 19 November 2008 on the protection of the environment through criminal law (OJ L 328, 6.12.2008, p. 28).

(23) Convention drawn up on the basis of Article K.3 of the Treaty on European Union, on the protection of the European Communities’ financial interests (OJ C 316, 27.11.1995, p. 49).

(24) Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (OJ L 298, 26.10.2012, p. 1).

(25) Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ L 206, 22.7.1992, p. 7).

(26) Directive 2010/41/EU of the European Parliament and of the Council of 7 July 2010 on the application of the principle of equal treatment between men and women engaged in an activity in a self-employed capacity and repealing Council Directive 86/613/EEC (OJ L 180, 15.7.2010, p. 1).

(27) Council Regulation (EC) No 1967/2006 of 21 December 2006 concerning management measures for the sustainable exploitation of fishery resources in the Mediterranean Sea, amending Regulation (EEC) No 2847/93 and repealing Regulation (EC) No 1626/94 (OJ L 409, 30.12.2006, p. 11).

(28) Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds (OJ L 20, 26.1.2010, p. 7).

(29) Commission Decision 2005/629/EC of 26 August 2005 establishing a Scientific, Technical and Economic Committee for Fisheries (OJ L 225, 31.8.2005, p. 18).

(30) Directive 60/2000/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy (OJ L 327, 22.12.2000, p. 1).

(31) Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment (OJ L 197, 21.7.2001, p. 30).

(32) Council Directive 2006/88/EC of 24 October 2006 on animal health requirements for aquaculture animals and products thereof, and on the prevention and control of certain diseases in aquatic animals (OJ L 328, 24.11.2006, p. 14).

(33) 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 (OJ L 189, 20.7.2007, p. 1).

(34) 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 (OJ L 204, 6.8.2009, p. 15).

(35) 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) (OJ L 114, 24.4.2001, p. 1).

(36) Council Decision 2009/470/EC of 25 May 2009 on expenditure in the veterinary field (OJ L 155, 18.6.2009, p. 30).

(37) Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (OJ L 343, 14.12.2012, p. 1).

(38) Council Regulation (EC) No 768/2005 of 26 April 2005 establishing a Community Fisheries Control Agency and amending Regulation (EEC) No 2847/93 establishing a control system applicable to the common fisheries policy (OJ L 128, 21.5.2005, p. 1).

(39) Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities’ financial interests against fraud and other irregularities (OJ L 292, 15.11.1996, p. 2).

(40) Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council of 11 September 2013 concerning investigations conducted by the European Anti-Fraud Office (OLAF) and repealing Regulation (EC) No 1073/1999 of the European Parliament and of the Council and Council Regulation (Euratom) No 1074/1999 (OJ L 248, 18.9.2013, p. 1).

ANNEX I

SPECIFIC AID INTENSITY

Type of operations	Percentage points
Operations related to small–scale coastal fisheries may benefit from an increase by	30
Operations located in the remote Greek Islands and in the Croatian islands of Dugi Otok, Vis, Mljet and Lastovo may benefit from an increase by	35
Operations located in the outermost regions may benefit from an increase by	35
Operations implemented by organisations of fishermen or other collective beneficiaries outside Chapter III of Title V may benefit from an increase by	10
Operations implemented by producer organisations, associations of producer organisations or interbranch organisations may benefit from an increase by	25
Operations under Article 76 on control and enforcement may benefit from an increase by	30
Operations under Article 76 on control and enforcement related to small–scale coastal fisheries may benefit from an increase by	40
Operations under Article 41(2) concerning replacement or modernisation of main or ancillary engines shall be reduced by	20
Operations implemented by enterprises that fall outside the definition of SMEs shall be reduced by	20

ANNEX II

ANNUAL BREAKDOWN OF COMMITMENT APPROPRIATIONS FOR 2014 TO 2020

Description	Period	2014	2015	2016	2017	2018	2019	2020	Total
EMFF shared management	(2014-2020)	788 060 689	798 128 031	805 423 852	818 478 098	837 523 233	843 250 018	858 467 679	5 749 331 600

ANNEX III

INDICATIVE DISTRIBUTION OF FUNDS UNDER CHAPTERS I AND II OF TITLE VI AMONG THE OBJECTIVES SET OUT IN ARTICLES 82 AND 85 (1)

Objectives set out in Article 82:

1.	Development and implementation of an integrated governance of maritime and coastal affairs – 5 %

2.	Development of cross-sectorial initiatives – 33 %

3.	Support for sustainable economic growth, employment, innovation and new technologies – 2 %

4.	Promotion of the protection of the marine environment – 5 %

Objectives set out in Article 85:

1.	Collection, management and dissemination of scientific advice under the CFP – 11 %

2.	Specific control and enforcement measures under the CFP – 19 %

3.	Voluntary contributions to international organisations – 10 %

4.	Advisory Councils and communication activities under the CFP and the IMP – 9 %

5.	Market intelligence, including the establishment of electronic markets – 6 %

(1) The percentages apply to the amount set out in Article 14 excluding the allocation under Article 92.

ANNEX IV

SPECIFIC EX ANTE CONDITIONALITIES

Specific objective under the Union priority for EMFF/thematic objective (TO)

Ex ante conditionality

Criteria for fulfilment

EMFF priority:

Promoting environmentally sustainable, resource efficient, innovative, competitive and knowledge–based fisheries.

Specific objectives: (a) - (f).

TO 3: enhancing the competitiveness of SMEs, of the agricultural sector (for the EAFRD) and of the fishery and aquaculture sector (for the EMFF);

TO 6: preserving and protecting the environment and promoting resource efficiency;

TO 8: promoting sustainable and quality employment and supporting labour mobility.

Report on fishing capacity has been submitted in accordance with Article 22(2) of Regulation (EU) No 1380/2013.

The report is made in accordance with common guidelines issued by the Commission

Fishing capacity does not exceed the fishing capacity ceiling set up in Annex II to Regulation (EU) No 1380/2013

EMFF priority:

Fostering environmentally sustainable, resource efficient, innovative, competitive and knowledge–based aquaculture.

Specific objectives: (a), (b) and (c).

TO 3: enhancing the competitiveness of SMEs, of the agricultural sector (for the EAFRD) and of the fishery and aquaculture sector (for the EMFF);

TO 6: preserving and protecting the environment and promoting resource efficiency;

TO 8: promoting sustainable and quality employment and supporting labour mobility.

The establishment of a multiannual national strategic plan on aquaculture, as referred to in Article 34 of Regulation (EU) No 1380/2013, by 2014.

A multiannual national strategic plan on aquaculture is transmitted to the Commission at the latest by the day of transmission of the operational programme

The operational programme includes information on the complementarities with the multiannual national strategic plan on aquaculture

EMFF priority:

3.	Fostering the implementation of the CFP. Specific objective (a). TO 6: preserving and protecting the environment and promoting resource efficiency.

Administrative capacity: administrative capacity is available to comply with the data requirements for fisheries management set out in Article 25 of Regulation (EU) No 1380/2013 and Article 4 of Regulation (EC) No 199/2008.

A description of the administrative capacity to prepare and apply a multiannual programme for data collection, to be reviewed by STECF and accepted by the Commission

A description of the administrative capacity to prepare and implement work plans for data collection, to be reviewed by STECF and accepted by the Commission

A description of the capacity in human resources allocation to undertake bilateral or multilateral agreements with other Member States if the work to implement the data collection obligations is shared

EMFF priority:

3.	Fostering the implementation of the CFP. Specific objective (b). TO 6: preserving and protecting the environment and promoting resource efficiency.

Administrative capacity: administrative capacity is available to comply with the implementation of a Union control, inspection and enforcement system as provided for in Article 36 of Regulation (EU) No 1380/2013 and further specified in Regulation (EC) No 1224/2009.

The specific actions include:

A description of the administrative capacity to prepare and implement the section of the operational programme pertaining to the 2014-2020 national control financing programme as referred to in point (o) of Article 18(1)

A description of the administrative capacity to prepare and implement the national control action programme for multiannual plans, as provided for in Article 46 of Regulation (EC) No 1224/2009

A description of the administrative capacity to prepare and implement a common control programme that may be developed with other Member States, as provided for in Article 94 of Regulation (EC) No 1224/2009

A description of the administrative capacity to prepare and implement the specific control and inspection programmes, as provided for in Article 95 of Regulation (EC) No 1224/2009

A description of the administrative capacity to apply a system of effective, proportionate and dissuasive sanctions for serious infringements, as provided for in Article 90 of Regulation (EC) No 1224/2009

A description of the administrative capacity to apply the point system for serious infringements, as provided for in Article 92 of Regulation (EC) No 1224/2009

ANNEX V

INFORMATION AND COMMUNICATION ON SUPPORT FROM THE EMFF

1. List of operations

The list of operations referred to in Article 119 shall contain, in at least one of the official languages of the Member State, the following data fields:

—	beneficiary name (only legal entities and natural persons in accordance with national law);

—	Community fleet register (CFR) identification number as referred to in Article 10 of Regulation (EC) No 26/2004 (to be completed only where the operation is linked to a fishing vessel);

—	operation name;

—	operation summary;

—	operation start date;

—	operation end date (expected date for physical completion or full implementation of the operation);

—	total eligible expenditure;

—	amount of Union contribution;

—	operation postcode;

—

country;

—	name of Union priority;

—	date of the last update of the list of operations.

2. Information and publicity measures for the public

The Member State shall ensure that the information and publicity measures aim at the widest possible media coverage using various forms and methods of communication at the appropriate level.

The Member State shall be responsible for organising at least the following information and publicity measures:

(a)	a major information activity publicising the launch of the operational programme;

(b)	at least twice during the programming period major information activity which promotes the funding opportunities and the strategies pursued and presents the achievements of the operational programme;

(c)	displaying the flag or emblem, as appropriate, of the Union in front of, or at a place visible to the public, at the premises of each managing authority;

(d)	publishing electronically the list of operations in accordance with section 1;

(e)

giving examples of operations, by operational programme, on the single website or on the operational programme’s website that is accessible through the single website portal; the examples should be in a widely spoken official language of the Union other than the official language or languages of the Member State concerned;

(f)	ensuring that a specific section of the single website is dedicated to give a short summary of innovation and eco-innovation operations;

(g)	updating information about the operational programme’s implementation, including its main achievements, on the single website or on the operational programme’s website that is accessible through the single website portal;

(h)	ensuring that a summary of measures designed to ensure compliance with the CFP rules, including cases of non-compliance by Member States or beneficiaries, as well as of remedy actions such as financial corrections taken, is made publicly available.

The managing authority shall involve in information and publicity measures, in accordance with national laws and practices, the following bodies:

(a)	the partners referred to in Article 5 of Regulation (EU) No 1303/2013;

(b)	information centres on Europe, as well as Commission representation offices in Member States;

(c)	educational and research institutions.

Those bodies shall widely disseminate the information referred to in points (a) and (b) of Article 119(1).

3. Information measures for potential beneficiaries and beneficiaries

3.1. Information measures for potential beneficiaries

The managing authority shall ensure that the operational programme’s objectives and funding opportunities offered by the EMFF are disseminated widely to potential beneficiaries and all interested parties.

The managing authority shall ensure that potential beneficiaries are informed of at least the following:

(a)	the conditions of eligibility of expenditure to be met in order to qualify for support under an operational programme;

(b)	a description of the admissibility conditions for applications, procedures for examining applications for funding and of the time periods involved;

(c)	the criteria for selecting the operations to be supported;

(d)	the contacts at national, regional or local level that are able to provide information on the operational programmes;

(e)	that applications should propose communication activities, proportionate to the size of the operation, in order to inform the public about the operation’s aims and the Union support to the operation.

3.2. Information measures for beneficiaries

The managing authority shall inform beneficiaries that acceptance of funding constitutes an acceptance of their inclusion in the list of operations published in accordance with Article 119(2).