Legalize
Legalize / European Union / Regulation

Regulation (EU) 2021/1139 of the European Parliament and of the Council of 7 July 2021 establishing the European Maritime, Fisheries and Aquaculture Fund and amending Regulation (EU) 2017/1004

Type Regulation
Publication 2021-07-07
Last updated 2026-04-15
State In force
Department Council of the European Union, European Parliament
Source EUR-Lex
articles 67
Reform history JSON API
2.

Support under this Article may be granted only in the case of:

(a) conservation measures, as referred to in points (a), (b), (c), (i) and (j) of Article 7(1) of Regulation (EU) No 1380/2013 or, where applicable to the Union, equivalent conservation measures adopted by RFMOs;

(b) Commission measures in case of a serious threat to marine biological resources, as referred to in Article 12 of Regulation (EU) No 1380/2013;

(c) Member States’ emergency measures pursuant to Article 13 of Regulation (EU) No 1380/2013;

(d) the interruption, due to reasons of force majeure, of the application of a SFPA or protocol thereto; or

(e) natural disasters, environmental incidents or health crises, as formally recognised by the competent authorities of the relevant Member State.

3.

The support referred to in paragraph 1 may only be granted where the fishing activities of the vessel or fisher concerned are stopped during at least 30 days in a given calendar year.

4.

The support referred to in point (a) of paragraph 2 may only be granted where, based on scientific advice, a reduction of fishing effort is needed in order to achieve the objectives referred to in Article 2(2) and point (a) of Article 2(5) of Regulation (EU) No 1380/2013.

5.

The support referred to in paragraph 1 may only be granted to:

(a) owners or operators of Union fishing vessels which are registered as active and which have carried out fishing activities at sea for at least 120 days during the last two calendar years preceding the year of submission of the application for support;

(b) fishers who have worked at sea on board a Union fishing vessel concerned by the temporary cessation for at least 120 days during the last two calendar years preceding the year of submission of the application for support; or

(c) fishers on foot who have carried out fishing activities for at least 120 days during the last two calendar years preceding the year of submission of the application for support.

The reference to the number of days at sea in this paragraph shall not apply to eel fisheries.

6.

The support referred to in paragraph 1 may be granted for a maximum duration of 12 months per vessel or per fisher during the programming period.

7.

All fishing activities carried out by the vessels or fishers concerned shall be effectively suspended during the period concerned by the temporary cessation. The Member State concerned shall satisfy itself that the vessel or fisher concerned has ceased any fishing activities during the period concerned by the temporary cessation and that any overcompensation resulting from the use of the vessel for other purposes is avoided.

Article 22
Control and enforcement
1.

The EMFAF may support the development and implementation of a Union fisheries control system as provided for in Article 36 of Regulation (EU) No 1380/2013 and further specified in Regulations (EC) No 1224/2009 and (EC) No 1005/2008.

The support referred to in the first subparagraph shall contribute to the specific objective referred to in point (d) of Article 14(1).

2.

By way of derogation from point (k) of Article 13, the support referred to in paragraph 1 of this Article may cover:

(a) the purchase, installation and management on board of the necessary components for compulsory vessel tracking and electronic reporting systems used for control purposes;

(b) the purchase, installation and management on board of the necessary components for compulsory remote electronic monitoring systems used for controlling the implementation of the landing obligation referred to in Article 15 of Regulation (EU) No 1380/2013;

(c) the purchase, installation and management on board of devices for compulsory continuous measurement and recording of propulsive engine power.

3.

The support referred to in paragraph 1 of this Article may also contribute to maritime surveillance as referred to in Article 33 and to the cooperation on coast guard functions as referred to in Article 34.

Article 23
Collection, management, use and processing of data in the fisheries sector, and research and innovation programmes
1.

The EMFAF may support the collection, management, use and processing of biological, environmental, technical and socio-economic data in the fisheries sector, as provided for in Article 25(1) and (2) of Regulation (EU) No 1380/2013 and further specified in Regulation (EU) 2017/1004, on the basis of the national work plans referred to in Article 6 of Regulation (EU) 2017/1004. The EMFAF may also support fisheries and aquaculture research and innovation programmes, as provided for in Article 27 of Regulation (EU) No 1380/2013.

2.

The support referred to in paragraph 1 of this Article shall contribute to the specific objective referred to in point (d) of Article 14(1).

Article 24
Promoting a level-playing field for fishery and aquaculture products from the outermost regions
1.

The EMFAF may support compensation for additional costs incurred by operators in the fishing, farming, processing and marketing of certain fishery and aquaculture products from the outermost regions.

2.

The support referred to in paragraph 1 of this Article shall contribute to the specific objective referred to in point (e) of Article 14(1).

3.

Support under this Article may be granted only under the conditions set out in Article 36.

Article 25
Protection and restoration of aquatic biodiversity and ecosystems
1.

The EMFAF may support actions that contribute to the protection and restoration of aquatic biodiversity and ecosystems, including in inland waters.

The support referred to in the first subparagraph shall contribute to the specific objective referred to in point (f) of Article 14(1).

2.

The support referred to in paragraph 1 may include, inter alia:

(a) compensation to fishers for the passive collection of lost fishing gear and marine litter from the sea;

(b) investments in ports or other infrastructure to provide adequate reception facilities for lost fishing gear and marine litter collected from the sea;

(c) actions to achieve or maintain a good environmental status in the marine environment, as set out in Article 1(1) of Directive 2008/56/EC;

(d) the implementation of spatial protection measures established pursuant to Article 13(4) of Directive 2008/56/EC;

(e) the management, restoration, surveillance and monitoring of Natura 2000 areas, taking into account the prioritised action frameworks established pursuant to Article 8 of Directive 92/43/EEC;

(f) the protection of species under Directives 92/43/EEC and 2009/147/EC, taking into account the prioritised action frameworks established pursuant to Article 8 of Directive 92/43/EEC;

(g) the restoration of inland waters in accordance with the programme of measures established pursuant to Article 11 of Directive 2000/60/EC.

CHAPTER III

Priority 2: Fostering sustainable aquaculture activities and processing and marketing of fishery and aquaculture products, thus contributing to food security in the Union

Section 1

Scope of support

Article 26
Specific objectives
1.

Support under this Chapter shall cover interventions that contribute to the achievement of the objectives of the CFP as set out in Article 2 of Regulation (EU) No 1380/2013, through the following specific objectives:

(a) promoting sustainable aquaculture activities, especially strengthening the competitiveness of aquaculture production, while ensuring that the activities are environmentally sustainable in the long term;

(b) promoting marketing, quality and added value of fishery and aquaculture products, as well as processing of those products.

2.

By way of derogation from point (j) of Article 13, in case of exceptional events causing a significant disruption of markets, the support referred to in point (b) of paragraph 1 of this Article may cover:

(a) compensation to operators of the fishery and aquaculture sector for their income foregone or additional costs; and

(b) compensation to recognised producer organisations and associations of producer organisations which store fishery products listed in Annex II to Regulation (EU) No 1379/2013, provided that those products are stored in accordance with Articles 30 and 31 of that Regulation.

The support referred to in the first subparagraph may be eligible only if the Commission has established, by means of an implementing decision, the occurrence of an exceptional event. Expenditure shall be eligible only during the duration set out in that implementing decision.

3.

In addition to the activities referred to in point (a) of paragraph 1 of this Article within the scope of Article 2 of Regulation (EU) No 1380/2013, support under that point may also cover interventions that contribute to aquaculture providing environmental services, as well as to ensuring animal health and welfare in aquaculture within the scope of Regulation (EU) 2016/429 of the European Parliament and of the Council (32).

4.

Support under point (b) of paragraph 1 of this Article may also contribute to the achievement of the objectives of common organisation of the markets in fishery and aquaculture products as provided for in Article 35 of Regulation (EU) No 1380/2013, including the production and marketing plans as described in Article 28 of Regulation (EU) No 1379/2013.

Section 2

Specific conditions

Article 27
Aquaculture

To achieve the specific objective referred to in point (a) of Article 26(1) of this Regulation as regards the promotion of aquaculture activities, support shall be consistent with the multiannual national strategic plans for the development of aquaculture referred to in Article 34(2) of Regulation (EU) No 1380/2013.

Article 28
Processing of fishery and aquaculture products

To achieve the specific objective referred to in point (b) of Article 26(1) of this Regulation as regards the processing of fishery and aquaculture products, support to enterprises other than SMEs shall only be granted through the financial instruments provided for in Article 58 of Regulation (EU) 2021/1060 or through InvestEU, in accordance with Article 10 of Regulation (EU) 2021/523.

CHAPTER IV

Priority 3: Enabling a sustainable blue economy in coastal, island and inland areas, and fostering the development of fishing and aquaculture communities

Section 1

Scope of support

Article 29
Specific objective

Support under this Chapter shall cover interventions that contribute to enabling a sustainable blue economy in coastal, island and inland areas, and to fostering the sustainable development of fishing and aquaculture communities.

Section 2

Specific conditions

Article 30
Community-led local development
1.

To achieve the specific objective referred to in Article 29 of this Regulation, support shall be implemented through the CLLD set out in Article 31 of Regulation (EU) 2021/1060.

2.

For the purposes of this Article, the CLLD strategies referred to in Article 32 of Regulation (EU) 2021/1060 shall ensure that communities in fishing or aquaculture areas better exploit and benefit from the opportunities offered by the sustainable blue economy, capitalising on and strengthening environmental, cultural, social and human resources. Those CLLD strategies may range from those which focus on fisheries or aquaculture to broader strategies directed at the diversification of local communities.

CHAPTER V

Priority 4: Strengthening international ocean governance and enabling seas and oceans to be safe, secure, clean and sustainably managed

Section 1

Scope of support

Article 31
Specific objective

Support under this Chapter shall cover interventions that contribute to strengthening sustainable sea and ocean management through the promotion of marine knowledge, maritime surveillance or coast guard cooperation.

Section 2

Specific conditions

Article 32
Marine knowledge

Support granted to achieve the specific objective referred to in Article 31 of this Regulation through the promotion of marine knowledge shall contribute to actions aiming to collect, manage, analyse, process and use data to improve the knowledge on the state of the marine environment, with a view to:

(a) fulfilling monitoring and site designation and management requirements under Directives 92/43/EEC and 2009/147/EC;

(b) supporting maritime spatial planning under Directive 2014/89/EU of the European Parliament and of the Council (33); or

(c) increasing data quality and sharing through the European marine observation and data network (EMODnet).

Article 33
Maritime surveillance
1.

To achieve the specific objective set out in Article 31 through the promotion of maritime surveillance, support shall be granted for actions contributing to the achievement of the objectives of the CISE.

2.

The support for actions referred to in paragraph 1 of this Article may also contribute to the development and implementation of a Union fisheries control system under the conditions set out in Article 22.

Article 34
Coast guard cooperation
1.

Support granted to achieve the specific objective set out in Article 31 through the promotion of coast guard cooperation shall contribute to actions carried out by national authorities in the framework of the European cooperation on coast guard functions referred to in Article 69 of Regulation (EU) 2019/1896 of the European Parliament and of the Council (34), Article 2b of Regulation (EC) No 1406/2002 of the European Parliament and of the Council (35) and Article 8 of Regulation (EU) 2019/473 of the European Parliament and of the Council (36).

2.

The support for actions referred to in paragraph 1 of this Article may also contribute to the development and implementation of a Union fisheries control system under the conditions set out in Article 22.

CHAPTER VI

Sustainable development of the outermost regions

Article 35
Action plan for the outermost regions

In accordance with Article 8(3), Member States concerned shall prepare, as part of their programme, an action plan for each of their outermost regions, which shall set out:

(a) a strategy for the sustainable exploitation of fisheries and the development of sustainable blue economy sectors;

Article 36
Compensation for additional costs for fishery and aquaculture products
1.

To implement the compensation for additional costs incurred by operators in the fishing, farming, processing and marketing of certain fishery and aquaculture products from the outermost regions, as referred to in Article 24, each Member State concerned shall determine, in line with the criteria laid down in accordance with paragraph 6 of this Article, for each outermost region, the list of fishery and aquaculture products and the quantity of those products eligible for compensation.

2.

When establishing the lists and the quantities referred to in paragraph 1, Member States shall take into account all relevant factors, in particular the need to ensure that the compensation is compatible with the rules of the CFP.

3.

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, in accordance with Council Decision (EU) 2015/1565 (37);

(b) caught by Union fishing vessels that are not registered in a port of one of the outermost regions;

(c) imported from third countries.

4.

Point (b) of paragraph 3 shall not apply if the existing capacity of the processing industry in the outermost region concerned exceeds the quantity of raw material supplied.

5.

The compensation paid to the beneficiaries carrying out the activities referred to in paragraph 1 in the outermost regions or owning a vessel registered in a port of one of those regions and operating there shall, in order to avoid overcompensation, take into account:

(a) for each fishery or aquaculture product or category of products, 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.

6.

The Commission is empowered to adopt delegated acts, in accordance with Article 62, supplementing this Regulation by laying down the criteria for the calculation of the additional costs resulting from the specific handicaps of the regions concerned.

Article 37
State aid for implementation of compensation for additional costs

Member States may grant additional financing for the implementation of the compensation referred to in Article 24. In such cases, Member States shall notify the Commission of the State aid, which the Commission may approve in accordance with this Regulation as part of that compensation. State aid thus notified shall be regarded as notified within the meaning of the first sentence of Article 108(3) TFEU.

Article 38
Evaluation

When carrying out the mid-term evaluation referred to in Article 45 of Regulation (EU) 2021/1060, the Commission shall specifically examine the provisions of this Chapter, including those related to compensation of additional costs.

CHAPTER VII

Rules for implementation under shared management

Section 1

Support from the EMFAF

Article 39
Calculation of compensation

Compensation for additional costs or income foregone and other compensation provided under this Regulation shall be granted under any of the forms referred to in points (b) to (e) of Article 53(1) of Regulation (EU) 2021/1060.

Article 40
Determination of co-financing rates

The maximum EMFAF co-financing rate per specific objective shall be 70 % of the eligible public expenditure, with the exception of the specific objective referred to in point (e) of Article 14(1), for which it shall be 100 %.

Article 41
Intensity of public aid
1.

Member States shall apply a maximum aid intensity rate of 50 % of the total eligible expenditure of the operation.

2.

By way of derogation from paragraph 1, specific maximum aid intensity rates are set out in Annex III.

3.

Where one operation falls under several of the rows 2 to 19 of Annex III, the highest maximum aid intensity rate shall apply.

4.

Where one operation falls under one or several of the rows 2 to 19 of Annex III and at the same time under row 1 of that Annex, the maximum aid intensity rate referred to in row 1 shall apply.

Section 2

Financial management

Article 42
Interruption of the payment deadline
1.

In accordance with Article 96(4) of Regulation (EU) 2021/1060, the Commission may interrupt the payment deadline for all or part of a payment application in the case of non-compliance by a Member State with the rules applicable under the CFP, if the non-compliance is liable to affect the expenditure contained in a payment application for which the interim payment is requested.

2.

Prior to the interruption referred to in paragraph 1, the Commission shall inform the Member State concerned about the non-compliance and give it the opportunity to present observations within a reasonable period of time.

3.

The interruption referred to in paragraph 1 shall be proportionate to the nature, gravity, duration and repetition of the non-compliance.

4.

The Commission may adopt implementing acts to define the cases of non-compliance referred to in paragraph 1 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 63(2).

Article 43
Suspension of payments
1.

In accordance with Article 97(3) of Regulation (EU) 2021/1060, the Commission may adopt implementing acts suspending all or part of the interim payments under the programme in the case of serious non-compliance by a Member State with the rules applicable under the CFP, if the serious non-compliance is liable to affect the expenditure contained in a payment application for which the interim payment is requested.

2.

Prior to the suspension referred to in paragraph 1, the Commission shall inform the Member State concerned that the Commission considers that there is a case of serious non-compliance by that Member State with the rules applicable under the CFP and give it opportunity to present observations within a reasonable period of time.

3.

The suspension referred to in paragraph 1 shall be proportionate to the nature, gravity, duration and repetition of the serious non-compliance.

4.

The Commission may adopt implementing acts to define the cases of serious non-compliance referred to in paragraph 1 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 63(2).

Article 44
Financial corrections by Member States

In the cases of the financial corrections referred to in Article 11(2),, Member States shall determine the amount of the correction, which shall be proportionate to the nature, gravity, duration and repetition of the serious infringements or offences by the beneficiary concerned and the importance of the EMFAF contribution to the economic activity of that beneficiary.

Article 45
Financial corrections by the Commission
1.

In accordance with Article 104(5) of Regulation (EU) 2021/1060, the Commission may adopt implementing acts making financial corrections by cancelling all or part of the Union contribution to the programme if, after carrying out the necessary examination, it concludes that:

(a) expenditure contained in a payment application is affected by cases where any of the situations referred to in Article 11(2) of this Regulation has occurred and has not been corrected by the Member State concerned 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 rules of the CFP by the Member State which have resulted in the suspension of payment under Article 43 of this Regulation and 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 of the CFP in the future.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 63(2) of this Regulation.

2.

The Commission shall decide on the amount of the correction taking into account the nature, gravity, duration and repetition of the serious non-compliance with the rules of the CFP by the Member State or beneficiary concerned and the importance of the EMFAF contribution to the economic activity of the beneficiary concerned.

3.

Where it is not possible to quantify precisely the amount of expenditure linked to serious non-compliance with the rules of the CFP by the Member State, the Commission shall apply a flat rate or extrapolated financial correction in accordance with paragraph 4.

4.

The Commission may adopt implementing acts to determine the criteria for establishing the level of financial correction to be applied and the criteria for applying flat rates or extrapolated financial corrections. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 63(2).

Section 3

Monitoring and reporting

Article 46
Monitoring and evaluation framework
1.

Common output and result indicators for the EMFAF, as set out in Annex I to this Regulation, and, where necessary, programme-specific indicators, shall be used in accordance with point (a) of the second subparagraph of Article 16(1), point (d)(ii) of Article 22(3) and point (b) of Article 42(2) of Regulation (EU) 2021/1060.

2.

In compliance with its reporting requirement pursuant to paragraph (iii) of point (h) of Article 41(3) of the Financial Regulation, the Commission shall report to the European Parliament and the Council on the performance of the EMFAF. In that report, the Commission shall use the core performance indicators set out in Annex I to this Regulation.

3.

In addition to the general rules set out in Article 42 of Regulation (EU) 2021/1060, the managing authority shall provide the Commission with relevant operation-level implementation data, which shall include key characteristics of the beneficiary (name, type of beneficiary, size of enterprise, gender and contact details) and of the operation supported (specific objective, type of operation, sector concerned, values of indicators, state of progress of the operation, common fleet register number, financial data and form of support). The data shall be provided by 31 January and 31 July of each year. The first transmission of those data shall be due by 31 January 2022 and the last one by 31 January 2030.

4.

The Commission shall adopt implementing acts laying down rules further specifying the exact data referred to in paragraph 3 of this Article and its presentation. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 63(2).

5.

The Commission is empowered to adopt delegated acts, in accordance with Article 62, to amend Annex I by adding the core performance indicators in order to adapt to changes occurring during the programming period.

Article 47
Reporting of the results of the funded operation
1.

The beneficiaries shall report the value of relevant result indicators after the completion of the operation and no later than the final payment application. The managing authority shall review the plausibility of the value of result indicators reported by the beneficiary in parallel with the final payment.

2.

Member States may postpone the timelines established in paragraph 1.

TITLE III

SUPPORT UNDER DIRECT AND INDIRECT MANAGEMENT

CHAPTER I

Priority 1: Fostering sustainable fisheries and the restoration and conservation of aquatic biological resources

Article 48
Implementation of the CFP

The EMFAF shall support the implementation of the CFP through:

(a) the provision of scientific advice and knowledge for the purposes of promoting sound and efficient fisheries management decisions under the CFP, including through the participation of experts in scientific bodies;

(b) regional cooperation on conservation measures as referred to in Article 18 of Regulation (EU) No 1380/2013, in particular in the context of the multiannual plans referred to in Articles 9 and 10 thereof;

(c) the development and implementation of a Union fisheries control system as provided for in Article 36 of Regulation (EU) No 1380/2013 and further specified in Regulation (EC) No 1224/2009;

(d) the functioning of Advisory Councils established in accordance with Article 43 of Regulation (EU) No 1380/2013, an objective of which is forming part of, and supporting, the CFP;

(e) voluntary contributions to the activities of international organisations dealing with fisheries, in accordance with Articles 29 and 30 of Regulation (EU) No 1380/2013.

Article 49
Promotion of clean and healthy seas and oceans
1.

The EMFAF shall support the promotion of clean and healthy seas and oceans, including through actions to support the implementation of Directive 2008/56/EC and actions to ensure coherence with the objective of achieving a good environmental status as set out in point (j) of Article 2(5) of Regulation (EU) No 1380/2013, and the implementation of the European strategy for plastics in a circular economy.

2.

The support referred to in paragraph 1 of this Article shall be in line with the Union environmental legislation, in particular with the objective of achieving or maintaining a good environmental status as set out in Article 1(1) of Directive 2008/56/EC.

CHAPTER II

Priority 2: Fostering sustainable aquaculture activities and processing and marketing of fishery and aquaculture products, thus contributing to food security in the Union.

Article 50
Market intelligence

The EMFAF shall support the development and dissemination of market intelligence for fishery and aquaculture products by the Commission in accordance with Article 42 of Regulation (EU) No 1379/2013.

CHAPTER III

Priority 3: Enabling a sustainable blue economy in coastal, island and inland areas, and fostering the development of fishing and aquaculture communities

Article 51
Maritime policy and development of a sustainable blue economy

The EMFAF shall support the implementation of the maritime policy and the development of a sustainable blue economy through:

(a) the promotion of a sustainable, low carbon and climate resilient blue economy;

(b) the promotion of an integrated governance and management of the maritime policy, including through maritime spatial planning, sea basin strategies and maritime regional cooperation;

(c) the enhancement of the transfer and uptake of research, innovation and technology in the sustainable blue economy;

(d) the improvement of maritime skills, ocean literacy and sharing of socio-economic and environmental data on the sustainable blue economy;

(e) the development of project pipelines and innovative financing instruments.

CHAPTER IV

Priority 4: Strengthening international ocean governance and enabling seas and oceans to be safe,

secure, clean and sustainably managed

Article 52
European marine observation and data network

The EMFAF shall support the implementation of the EMODnet.

Article 53
Maritime security and surveillance

The EMFAF shall support the promotion of maritime security and surveillance, including through data sharing, cooperation among coast guards and among agencies, and the fight against criminal and illegal activities at sea.

Article 54
International ocean governance

The EMFAF shall support the implementation of the international ocean governance policy through:

(a) voluntary contributions to international organisations active in the field of ocean governance;

(b) voluntary cooperation with, and coordination among, international fora, organisations, bodies and institutions in the context of the United Nations Convention on the Law of the Sea, the ‘2030 Agenda’ and other relevant international agreements, arrangements and partnerships;

(c) the implementation of ocean partnerships between the Union and relevant ocean actors;

(d) the implementation of relevant international agreements, arrangements and instruments that aim to promote better ocean governance, as well as the development of actions, measures, tools and knowledge that enable safe, secure, clean and sustainably managed seas and oceans;

(e) the implementation of relevant international agreements, measures and tools to prevent, deter and eliminate IUU fishing;

(f) international cooperation on, and development of, ocean research and data.

CHAPTER V

Rules for implementation under direct and indirect management

Article 55
Forms of Union funding
1.

The EMFAF may provide funding in any of the forms laid down in the Financial Regulation, in particular procurement and grants pursuant to Titles VII and VIII of that Regulation, respectively. It may also provide financing in the form of financial instruments within blending operations, as referred to in Article 56 of this Regulation.

2.

The evaluation of grant proposals may be carried out by independent experts.

Article 56
Blending operations

Blending operations under the EMFAF shall be implemented in accordance with Regulation (EU) 2021/523 and Title X of the Financial Regulation.

Article 57
Evaluation by the Commission
1.

Evaluations shall be carried out in a timely manner to feed into the decision-making process. Evaluations shall be entrusted to internal or external experts who are functionally independent.

2.

The interim evaluation of the support under Title III shall be performed by the end of 2024.

3.

A final evaluation report on the support under Title III shall be prepared by the end of 2031.

4.

The Commission shall communicate the evaluation reports referred to in paragraphs 2 and 3 to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions.

Article 58
Monitoring under direct and indirect management
1.

The Commission shall use the result and output indicators set out in Annex I to monitor the results of the implementation of the EMFAF under direct and indirect management.

2.

The Commission shall collect data on operations selected for support under direct and indirect management, including key characteristics of the beneficiary and the operation, as set out in Article 46(3).

Article 59
Audits

Audits on the use of the Union contribution carried out by persons or entities, including by persons or entities other than those mandated by the Union institutions or bodies, shall form the basis of the overall assurance pursuant to Article 127 of the Financial Regulation.

Article 60
Information, communication and publicity
1.

The recipients of Union funding shall acknowledge the origin of those funds and ensure the visibility of the Union funding, in particular when promoting the actions and their results, by providing coherent, effective and proportionate targeted information to multiple audiences, including the media and the public.

2.

The Commission shall implement information and communication actions relating to the EMFAF, to actions taken pursuant to the EMFAF and to the results obtained. Financial resources allocated to the EMFAF shall also contribute to the corporate communication of the political priorities of the Union, insofar as those priorities are related to the priorities referred to in Article 3.

Article 61
Eligible entities, activities and costs
1.

The eligibility criteria set out in paragraphs 2 and 3 of this Article shall apply in addition to the criteria set out in Article 197 of the Financial Regulation.

2.

The following entities shall be eligible:

(a) legal entities established in a Member State or in a third country listed in the work programme under the conditions specified in paragraphs 3 and 4;

(b) any legal entity created under Union law or any international organisation.

3.

Legal entities established in a third country shall be exceptionally eligible to participate where this is necessary for the achievement of the objectives of a given action.

4.

Legal entities established in a third country which is not associated to the programme shall in principle bear the cost of their participation.

5.

In accordance with point (a) of the second subparagraph of Article 193(2) of the Financial Regulation and by way of derogation from Article 193(4) thereof, taking into account the delayed entry into force of this Regulation and in order to ensure continuity, as established in the financing decision and for a limited period, activities supported under this Regulation and the underlying costs may be considered eligible as of 1 January 2021, even if the activities were implemented and the costs incurred before the grant application was submitted.

TITLE IV

PROCEDURAL PROVISIONS

Article 62
Exercise of the delegation
1.

The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

2.

The power to adopt delegated acts referred to in Articles 11, 36, 46 and 65 shall be conferred on the Commission from 14 July 2021 until 31 December 2027.

3.

The delegation of power referred to in Articles 11, 36, 46 and 65 may be revoked at any time by the European Parliament or by the Council. A decision to revoke 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.

Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.

5.

As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

6.

A delegated act adopted pursuant to Articles 11, 36, 46 and 65 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two 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 two months at the initiative of the European Parliament or the Council.

Article 63
Committee procedure
1.

The Commission shall be assisted by a Committee for the European Maritime, Fisheries and Aquaculture 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 5 of Regulation (EU) No 182/2011 shall apply.

TITLE V

FINAL PROVISIONS

Article 64
Amendments to Regulation (EU) 2017/1004

Article 6 of Regulation (EU) 2017/1004 is amended as follows:

(1) paragraphs 1 and 2 are replaced by the following: ‘1.   Without prejudice to their current data collection obligations under Union law, Member States shall collect data within the framework of a work plan drawn up in accordance with the multiannual Union programme (the ‘national work plan’). Member States shall submit to the Commission by electronic means their national work plans by 15 October of the year preceding the year from which the national work plan is to apply, unless an existing plan still applies, in which case they shall notify the Commission thereof.

2.

The Commission shall adopt implementing acts approving the national work plans referred to in paragraph 1 by 31 December of the year preceding the year from which the national work plan is to apply. When approving the national work plans, the Commission shall take into account the evaluation conducted by STECF in accordance with Article 10. If such evaluation indicates that the national work plan does not comply with this Article or does not ensure the scientific relevance of the data or sufficient quality of the proposed methods and procedures, the Commission shall immediately inform the Member State concerned and indicate amendments to that work plan that the Commission considers necessary. Subsequently, the Member State concerned shall submit a revised national work plan to the Commission.’;

(2) the following paragraph is added: ‘5.   The Commission may adopt implementing acts laying down rules on procedures, format and timetables for the submission of the national work plans referred to in paragraph 1. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 25(2).’.

Article 65
Transitional provisions
1.

Regulation (EU) No 508/2014 and any delegated and implementing act adopted pursuant to that Regulation shall continue to apply to programmes and operations supported from the EMFF under the 2014-2020 programming period.

2.

In order to facilitate the transition from the support scheme established by Regulation (EU) No 508/2014 to the scheme established by this Regulation, the Commission is empowered to adopt delegated acts, in accordance with Article 62 of this Regulation, to lay down the conditions under which support approved by the Commission under Regulation (EU) No 508/2014 may be integrated into support provided under this Regulation.

3.

References to Regulation (EU) No 508/2014 shall be construed as references to this Regulation with regard to the programming period for 2021-2027.

Article 66
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.

It shall apply from 1 January 2021 with regard to the support under direct and indirect management provided for in Title III.

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

Done at Strasbourg, 7 July 2021.

For the European Parliament The President D. M. SASSOLI

For the Council The President A. LOGAR

(1) OJ C 110, 22.3.2019, p. 104.

(2) OJ C 361, 5.10.2018, p. 9.

(3) Position of the European Parliament of 4 April 2019 (OJ C 116, 31.3.2021, p. 81) and position of the Council at first reading of 14 June 2021 (OJ C 271, 7.7.2021, p. 1). Position of the European Parliament of 5 July 2021 (not yet published in the Official Journal).

(4) Council Regulation (EU, Euratom) 2020/2093 of 17 December 2020 laying down the multiannual financial framework for the years 2021 to 2027 (OJ L 433 I, 22.12.2020, p. 11).

(5) Regulation (EU) 2021/1060 of the European Parliament and of the Council of 24 June 2021 laying down common provisions on the European Regional Development Fund, the European Social Fund Plus, the Cohesion Fund, the Just Transition Fund and the European Maritime, Fisheries and Aquaculture Fund and financial rules for those and for the Asylum, Migration and Integration Fund, the Internal Security Fund and the Instrument for Financial Support for Border Management and Visa Policy (OJ L 231, 30.6.2021, p. 159).

(6) Regulation (EU) 2021/523 of the European Parliament and of the Council of 24 March 2021 establishing the InvestEU Programme and amending Regulation (EU) 2015/1017 (OJ L 107, 26.3.2021, p. 30).

(7) Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012 (OJ L 193, 30.7.2018, p. 1).

(8) 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 (OJ L 149, 20.5.2014, p. 1).

(9) 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).

(10) Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004/585/EC (OJ L 354, 28.12.2013, p. 22).

(11) Council Directive (EU) 2017/159 of 19 December 2016 implementing the Agreement concerning the implementation of the Work in Fishing Convention, 2007 of the International Labour Organisation, concluded on 21 May 2012 between the General Confederation of Agricultural Cooperatives in the European Union (Cogeca), the European Transport Workers’ Federation (ETF) and the Association of National Organisations of Fishing Enterprises in the European Union (Europêche) (OJ L 25, 31.1.2017, p. 12).

(12) 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, 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).

(13) Regulation (EU) 2017/1004 of the European Parliament and of the Council of 17 May 2017 on the establishment of a Union framework for the collection, management and use of data in the fisheries sector and support for scientific advice regarding the common fisheries policy and repealing Council Regulation (EC) No 199/2008 (OJ L 157, 20.6.2017, p. 1).

(14) 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).

(15) 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).

(16) Directive 2000/60/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).

(17) 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).

(18) Council Decision 98/392/EC of 23 March 1998 concerning the conclusion by the European Community of the United Nations Convention of 10 December 1982 on the Law of the Sea and the Agreement of 28 July 1994 relating to the implementation of Part XI thereof (OJ L 179, 23.6.1998, p. 1).

(19) OJ L 123, 12.5.2016, p. 1.

(20) 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).

(21) Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities financial interests (OJ L 312, 23.12.1995, p. 1).

(22) 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).

(23) Council Regulation (EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office (‘the EPPO’) (OJ L 283, 31.10.2017, p. 1).

(24) Directive (EU) 2017/1371 of the European Parliament and of the Council of 5 July 2017 on the fight against fraud to the Union’s financial interests by means of criminal law (OJ L 198, 28.7.2017, p. 29).

(25) Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).

(26) 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 the Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).

(27) Regulation (EU) 2017/352 of the European Parliament and of the Council of 15 February 2017 establishing a framework for the provision of port services and common rules on the financial transparency of ports (OJ L 57, 3.3.2017, p. 1).

(28) 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).

(29) Directive (EU) 2019/904 of the European Parliament and of the Council of 5 June 2019 on the reduction of the impact of certain plastic products on the environment (OJ L 155, 12.6.2019, p. 1).

(30) 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).

(31) 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).

(32) Regulation (EU) 2016/429 of the European Parliament and of the Council of 9 March 2016 on transmissible animal diseases and amending and repealing certain acts in the area of animal health (‘Animal Health Law’) (OJ L 84, 31.3.2016, p. 1).

(33) Directive 2014/89/EU of the European Parliament and of the Council of 23 July 2014 establishing a framework for maritime spatial planning (OJ L 257, 28.8.2014, p. 135).

(34) Regulation (EU) 2019/1896 of the European Parliament and of the Council of 13 November 2019 on the European Border and Coast Guard and repealing Regulations (EU) No 1052/2013 and (EU) 2016/1624 (OJ L 295, 14.11.2019, p. 1).

(35) Regulation (EC) No 1406/2002 of the European Parliament and of the Council of 27 June 2002 establishing a European Maritime Safety Agency (OJ L 208, 5.8.2002, p. 1).

(36) Regulation (EU) 2019/473 of the European Parliament and of the Council of 19 March 2019 on the European Fisheries Control Agency (OJ L 83, 25.3.2019, p. 18).

(37) Council Decision (EU) 2015/1565 of 14 September 2015 on the approval, on behalf of the European Union, of the Declaration on the granting of fishing opportunities in EU waters to fishing vessels flying the flag of the Bolivarian Republic of Venezuela in the exclusive economic zone off the coast of French Guiana (OJ L 244, 19.9.2015, p. 55).

Reading this document does not replace reading the official text published in the Official Journal of the European Union. We assume no responsibility for any inaccuracies arising from the conversion of the original to this format.

This text is published under EUR-Lex's own terms of reuse, not a Legalize or public-domain licence. EUR-Lex
Creative Commons Attribution 4.0 International (CC BY 4.0)
© European Union, https://eur-lex.europa.eu — Source: EUR-Lex (Publications Office of the European Union). Reused under the Creative Commons Attribution 4.0 International (CC BY 4.0) licence. Only EU legislation published in the printed Official Journal of the European Union is deemed authentic; consolidated texts are reproduced here for documentation purposes and have been reformatted to Markdown.