Regulation (EU) No 508/2014 of the European Parliament and of the Council of 15 May 2014 on the European Maritime and Fisheries Fund and repealing Council Regulations (EC) No 2328/2003, (EC) No 861/2006, (EC) No 1198/2006 and (EC) No 791/2007 and Regulation (EU) No 1255/2011 of the European Parliament and of the Council

• (a) the operation is implemented under Chapter I, II or IV of Title V and fulfils all of the following criteria:
• (i) it is of collective interest;
• (ii) it has a collective beneficiary;
• (iii) it has innovative features, where appropriate, at local level;

• (b) the operation is implemented under Chapter III of Title V, fulfils one of the criteria referred to in points (a)(i), (ii) or (iii) of this paragraph and provides public access to its results.

Article 96

Calculation of additional costs or income foregone

Where aid is granted on the basis of 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.

CHAPTER III Management and control systems

Article 97

Managing authority

• (a) by 31 March each year, provide the Commission with relevant cumulative data on operations selected for funding until the end of the previous calendar year, including key characteristics of the beneficiary and the operation itself;

• (b) ensure publicity for the operational 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;

• (c) ensure publicity for the operational programme by informing beneficiaries of the Union contribution and the general public of the role played by the Union in the programme.

Article 98

Transmission of financial data

CHAPTER IV Control by Member States

Article 99

Financial corrections by Member States

CHAPTER V Control by the Commission

Section 1 Interruption and suspension

Article 100

Interruption of the payment deadline

Article 101

Suspension of payments

Article 102

Commission powers

The Commission shall be empowered to adopt delegated acts, in accordance with Article 126, defining those cases of non-compliance, referred to in Article 100, and the cases of serious non-compliance, referred to in Article 101(1), deriving from the relevant CFP rules that are essential to the conservation of marine biological resources.

Section 2 Information exchange and financial corrections

Article 103

Access to information

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

Article 104

Confidentiality

Article 105

Financial corrections by the Commission

• (a) expenditure contained in a payment application is affected by cases in which the beneficiary does not respect the obligations referred to in Article 10(2) of this Regulation and has not been corrected by the Member State prior to the opening of the correction procedure under this paragraph;

• (b) expenditure contained in a payment application is affected by cases of serious non-compliance with the CFP rules by the Member State which have resulted in the suspension of payment under Article 101 of this Regulation and where the Member State concerned still fails to demonstrate that it has taken the necessary remedial action to ensure compliance with and the enforcement of applicable rules in the future.

Article 106

Procedure

Article 145 of Regulation (EU) No 1303/2013 shall apply mutatis mutandis where the Commission proposes a financial correction referred to in Article 105 of this Regulation.

CHAPTER VI Monitoring, evaluation, information and communication

Section 1 Establishment and objectives of a common monitoring and evaluation system

Article 107

Monitoring and evaluation system

The Commission may adopt implementing acts establishing the set of indicators specific to those Union priorities. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 127(3).

Article 108

Objectives

The objectives of the common monitoring and evaluation system shall be:

• (a) to demonstrate the progress and achievements of the CFP and the IMP, to consider the general impact and to assess the effectiveness, efficiency and relevance of EMFF operations;

• (b) to contribute to better targeted support for the CFP and the IMP;

• (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 109

Common indicators

Article 110

Electronic information system

Article 111

Provision of information

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

Section 3 Monitoring

Article 112

Monitoring procedures

Article 113

Functions of the monitoring committee

In addition to the functions provided for in Article 49 of Regulation (EU) No 1303/2013, the monitoring committee shall verify the performance of the operational programme and the effectiveness of its implementation. For that purpose, the monitoring committee shall:

• (a) be consulted and shall approve, within six months of the decision approving the programme, the selection criteria for the financed operations; the selection criteria shall be revised in accordance with programming needs;

• (b) examine the activities and outputs related to the evaluation plan of the programme;

• (c) examine actions in the programme relating to the fulfilment of specific ex ante conditionalities;

• (d) examine and approve the annual implementation reports before they are sent to the Commission;

• (e) examine actions to promote equality between men and women, equal opportunities, and non-discrimination, including accessibility for disabled persons.

The monitoring committee shall not be consulted on the work plans for data collection referred to in Article 21.

Article 114

Annual implementation report

• (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 actions taken in cases of serious infringements as referred to in Article 10(1) of this Regulation, and of non-respect of the conditions laid down in Article 10(2) of this Regulation, as well as on remedy actions;

• (d) information on actions taken to comply with Article 41(8) of this Regulation;

• (e) information on the actions taken to ensure the publication of beneficiaries in accordance with Annex V to this Regulation, for natural persons in accordance with national law, including any applicable threshold.

Section 4 Evaluation

Article 115

General provisions

Article 116

Ex ante evaluation

Member States shall ensure that the ex ante evaluator is involved from an early stage in the process of development of the operational programme, including the development of the analysis referred to in point (a) of Article 18(1), the design of the programme’s intervention logic and the establishment of the programme’s targets.

Article 117

Ex post evaluation

In accordance with Article 57 of Regulation (EU) No 1303/2013, an ex post evaluation report shall be prepared by the Commission in close cooperation with Member States.

Article 118

Synthesis of evaluations

A synthesis at Union level of the ex ante evaluation reports shall be undertaken under the responsibility of the Commission. The synthesis 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 119

Information and publicity

• (a) ensuring the establishment of a single website or a single website portal providing information on, and access to, the operational programme in the 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 agreements, operational programmes and operations;

• (d) 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 list of operations shall be updated at least every six months.

The minimum information to be set out in the list of operations, including specific information concerning operations under Articles 26, 39, 47, 54 and 56, is laid down in Annex V.

TITLE VIII IMPLEMENTATION UNDER DIRECT MANAGEMENT

CHAPTER I General provisions

Article 120

Scope

This Title shall apply to measures financed under direct management as set out in Title VI.

CHAPTER II Control

Article 121

Protection of Union financial interests

The European Anti-Fraud Office (OLAF) may carry out on-the-spot checks and inspections on economic operators concerned directly or indirectly by Union funding, in accordance with the procedures laid down in Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council ([^E0024]) and in Regulation (Euratom, EC) No 2185/96, with a view to establishing whether fraud, corruption or any other illegal activity has occurred affecting the financial interests of the Union in connection with a grant agreement, grant decision or a contract concerning Union funding.

Article 122

Audits

Article 123

Suspension of payments, reduction and cancellation of the financial contribution

CHAPTER III Evaluation and reporting

Article 124

Evaluation

Article 125

Reporting

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

• (a) in accordance with Article 15, an interim evaluation report on the results obtained and the qualitative and quantitative aspects of the implementation of the operations financed under this Regulation;

• (b) by 31 August 2018, a communication on the continuation of the operations financed under this Regulation.

TITLE IX PROCEDURAL PROVISIONS

Article 126

Exercise of delegation

Article 127

Committee procedure

Where the committee delivers no opinion on a draft implementing act to be adopted pursuant to Article 95(5) of this Regulation, the Commission shall not adopt the draft implementing act and the third subparagraph of Article 5(4) of Regulation (EU) No 182/2011 shall apply.

TITLE X FINAL PROVISIONS

Article 128

Repeal

Article 129

Transitional provisions

Article 130

Entry into force and date of application

This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.

This Regulation shall apply from 1 January 2014.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

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

([^E0025])

Objectives set out in Article 82:

• 1. Development and implementation of an integrated governance of maritime and coastal affairs – 6 %

• 1. Development of cross-sectorial initiatives – 24 %

• 1. Support for sustainable economic growth, employment, innovation and new technologies – 17 %

• 1. 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 %

• 1. Specific control and enforcement measures under the CFP – 11 %

• 1. Voluntary contributions to international organisations – 13 %

• 1. Advisory Councils and communication activities under the CFP and the IMP – 7 %

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

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: 1. 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: 2. 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

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

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

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

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

• (c) displaying the flag 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.

• 3.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

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

• 2.The managing authority shall ensure that potential beneficiaries are informed 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).

[^E0001]: 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).

[^E0002]: Commission Regulation (EC) No 26/2004 of 30 December 2003 on the Community fishing fleet register (OJ L 5, 9.1.2004, p. 25).

[^E0003]: 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).

[^E0004]: 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).

[^E0005]: 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).

[^E0006]: 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).

[^E0007]: 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).

[^E0008]: 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).

[^E0009]: 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).

[^E0010]: Regulation (EU) 2016/1139 of the European Parliament and of the Council of 6 July 2016 establishing a multiannual plan for the stocks of cod, herring and sprat in the Baltic Sea and the fisheries exploiting those stocks, amending Council Regulation (EC) No 2187/2005 and repealing Council Regulation (EC) No 1098/2007 (OJ L 191, 15.7.2016, p. 1).

[^E0011]: Regulation (EU) 2019/1022 of the European Parliament and of the Council of 20 June 2019 establishing a multiannual plan for the fisheries exploiting demersal stocks in the western Mediterranean Sea and amending Regulation (EU) No 508/2014 (OJ L 172, 26.6.2019, p. 1).

[^E0012]: 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).

[^E0013]: 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).

[^E0014]: 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).

[^E0015]: Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment (OJ L 26, 28.1.2012, p. 1).

[^E0016]: 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).

[^E0017]: 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).

[^E0018]: 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).

[^E0019]: 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).

[^E0020]: Regulation (EU) No 652/2014 of the European Parliament and of the Council of 15 May 2014 laying down provisions for the management of expenditure relating to the food chain, animal health and animal welfare, and relating to plant health and plant reproductive material, amending Council Directives 98/56/EC, 2000/29/EC and 2008/90/EC, Regulations (EC) No 178/2002, (EC) No 882/2004 and (EC) No 396/2005 of the European Parliament and of the Council, Directive 2009/128/EC of the European Parliament and of the Council and Regulation (EC) No 1107/2009 of the European Parliament and of the Council and repealing Council Decisions 66/399/EEC, 76/894/EEC and 2009/470/EC (OJ L 189, 27.6.2014, p. 1).

[^E0021]: 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).

[^E0022]: 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).

[^E0023]: 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).

[^E0024]: 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).

[^E0025]: The percentages apply to the amount set out in Article 14 excluding the allocation under Article 92.