Commission Implementing Regulation (EU) 2022/45 of 13 January 2022 implementing Regulation (EU) 2021/1139 of the European Parliament and of the Council on the European Maritime, Fisheries and Aquaculture Fund on cases of non-compliance and cases of serious non-compliance with the rules of the common fisheries policy that may lead to an interruption of a payment deadline or suspension of payments under that fund

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

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 (1), and in particular Articles 42(4) and 43(4) thereof,

Whereas:

(1) The achievement of the objectives of the Common Fisheries Policy (CFP) contained in Regulation (EU) No 1380/2013 of the European Parliament and the Council (2) should not be undermined by Member States violating CFP rules. In accordance with Article 41 of Regulation (EU) No 1380/2013, financial assistance from the European Maritime, Fisheries and Aquaculture Fund (EMFAF) is made conditional upon compliance with CFP rules by Member States. Non-compliance by Member States with the CFP rules could result in the interruption or suspension of payments or in the application of a financial correction to Union financial assistance under the CFP.

(2) Articles 96 and 97 of Regulation (EU) 2021/1060 of the European Parliament and of the Council (3) laying down common provisions set out the conditions under which interruption of a payment deadline or suspension of payments may be imposed, respectively. Those two Articles foresee that the fund-specific rules for the EMFAF may lay down specific bases for interruption and suspension linked to non-compliance with rules applicable under the CFP.

(3) It is necessary to provide legal certainty for Member States implementing operational programmes under the EMFAF, and, therefore, to define the cases of non-compliance with CFP rules, which lead to interruption of payment deadlines, and the cases of serious non-compliance with CFP rules, which lead to suspension of payments.

(4) Cases leading to interruption of payment deadlines should be those of non-compliance with CFP rules essential to the conservation and environmental sustainability of marine biological resources.

(5) Cases leading to suspension of payments should be those where, in addition to non-compliance leading to interruption of payment deadlines, the Member State concerned has failed to take the necessary action to remedy the situation giving rise to such non-compliance.

(6) Article 22(4) of Regulation (EU) No 1380/2013 provides for that failure to make the report on the balance between the fishing capacity of the fleet and fishing opportunities and/or failure to implement the action plan for the fleet segments with identified structural overcapacity may result in a proportionate interruption or suspension of relevant Union financial assistance to that Member State for fleet investment in the fleet segment or segments concerned.

(7) Article 25(7) of Regulation (EU) No 1380/2013 also provides for that failure by a Member State to collect and/or to provide data in a timely manner to end-users may result in a proportionate interruption or suspension of relevant Union financial assistance to that Member State.

(8) Given the importance of ensuring that a harmonised and equal treatment of operators in all Member States is in place from the start of the programming period, this Regulation should enter into force on the day following that of its publication in the Official Journal of the European Union.

(9) The measures provided for in this Regulation are in accordance with the opinion of the Committee for the European Maritime, Fisheries and Aquaculture Fund,

HAS ADOPTED THIS REGULATION:

Article 1

Cases of non-compliance

The cases of non-compliance by a Member State with the rules under the Common Fisheries Policy (CFP) that may trigger the interruption of the payment deadline for a payment application pursuant to Article 42 of Regulation (EU) 2021/1139 are set out in the Annex to this Regulation.

Article 2

Cases of serious non-compliance

The cases of serious non-compliance by a Member State with the rules applicable under the Common Fisheries Policy, that may trigger a suspension of payments pursuant to Article 43 of Regulation (EU) 2021/1139 are the cases of non-compliance established under Article 1, where a Member State, which is subject to interruption of the payment deadline for a payment application pursuant to Article 42 of Regulation (EU) 2021/1139, fails to take the necessary action for compliance within the period of that interruption.

Article 3

Entry into force

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

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

Done at Brussels, 13 January 2022.

For the Commission The President Ursula VON DER LEYEN

(1) OJ L 247, 13.7.2021, p. 1.

(2) 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).

(3) 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).