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

TITLE I SUBJECT-MATTER, SCOPE AND DEFINITIONS

Article 1

Subject-matter

This Regulation defines Union financial measures for the implementation of:

• (a) the Common Fisheries Policy (CFP);

• (b) relevant measures relating to the Law of the Sea;

• (c) the sustainable development of fisheries and aquaculture areas and inland fishing; and

• (d) the Integrated Maritime Policy (IMP).

Article 2

Geographical scope

This Regulation applies to operations carried out in the territory of the Union, unless otherwise provided for in this Regulation.

Article 3

Definitions

• (1) ‘Common information sharing environment’ (CISE) means a network of systems with a decentralised set-up developed for the exchange of information between users in order to improve their situational awareness of activities at sea;

• (2) ‘cross-sectoral operations’ means those initiatives that mutually benefit different sectors and/or sectoral policies, as referred to in the TFEU, and that cannot be accomplished entirely through measures encompassed within respective policy areas;

• (3) ‘electronic recording and reporting system’ (ERS) means a system for the electronic recording and reporting of data as referred to in Regulation (EC) No 1224/2009;

• (4) ‘European marine observation and data network’ means a network that integrates relevant national marine observation and data programmes into a common and accessible European resource;

• (5) ‘fisheries and aquaculture area’ means an area with a sea, river or lake shore, including ponds or a river basin, with a significant level of employment in fisheries or aquaculture, that is functionally coherent in geographical, economic and social terms and is designated as such by a Member State;

• (6) ‘fisherman’ means any person engaging in commercial fishing activities, as recognised by the Member State;

• (7) ‘inland fishing’ means fishing activities carried out for commercial purposes in inland waters by vessels or other devices, including those used for ice fishing;

• (8) ‘integrated coastal zone management’ means strategies and measures such as those described in Recommendation 2002/413/EC of the European Parliament and of the Council ([^E0001]);

• (9) ‘integrated maritime governance’ means the coordinated management of all sectoral policies at Union level affecting the oceans, seas and coastal regions;

• (10) ‘Integrated Maritime Policy’ (IMP) means a Union policy whose aim is to foster coordinated and coherent decision-making to maximise the sustainable development, economic growth and social cohesion of Member States, and notably the coastal, insular and outermost regions in the Union, as well as maritime sectors, through coherent maritime-related policies and relevant international cooperation;

• (11) ‘Integrated maritime surveillance’ (IMS) means a Union initiative aimed at enhancing effectiveness and efficiency in surveillance activities in respect of the European seas through information exchange and collaboration across sectors and borders;

• (12) ‘maritime spatial planning’ means a process by which the relevant Member State’s authorities analyse and organise human activities in marine areas in order to achieve ecological, economic and social objectives;

• (13) ‘measure’ means a set of operations;

• (14) ‘small–scale coastal fishing’ means fishing carried out by fishing vessels of an overall length of less than 12 metres and not using towed fishing gear as listed in Table 3 of Annex I to Commission Regulation (EC) No 26/2004 ([^E0002]);

• (15) ‘vessels operating exclusively in inland waters’ means vessels engaged in commercial fishing in inland waters and not included in the Union fishing fleet register.

TITLE II GENERAL FRAMEWORK

CHAPTER I Establishment and objectives of the European Maritime and Fisheries Fund

Article 4

Establishment

The European Maritime and Fisheries Fund (EMFF) is hereby established.

Article 5

Objectives

The EMFF shall contribute to the achievement of the following objectives:

• (a) promoting competitive, environmentally sustainable, economically viable and socially responsible fisheries and aquaculture;

• (b) fostering the implementation of the CFP;

• (c) promoting a balanced and inclusive territorial development of fisheries and aquaculture areas;

• (d) fostering the development and implementation of the Union’s IMP in a manner complementary to cohesion policy and to the CFP.

The pursuit of those objectives shall not result in an increase in fishing capacity.

Article 6

Union priorities

The EMFF shall contribute to the Europe 2020 strategy and to the implementation of CFP. It shall pursue the following Union priorities for the sustainable development of fisheries and aquaculture and related activities, which reflect the relevant thematic objectives referred to in Regulation (EU) No 1303/2013:

• (1) Promoting environmentally sustainable, resource–efficient, innovative, competitive and knowledge–based fisheries by pursuing the following specific objectives:
• (a) the reduction of the impact of fisheries on the marine environment, including the avoidance and reduction, as far as possible, of unwanted catches;
• (b) the protection and restoration of aquatic biodiversity and ecosystems;
• (c) the ensuring of a balance between fishing capacity and available fishing opportunities;
• (d) the enhancement of the competitiveness and viability of fisheries enterprises, including of small–scale coastal fleet, and the improvement of safety and working conditions;
• (e) the provision of support to strengthen technological development and innovation, including increasing energy efficiency, and knowledge transfer;
• (f) the development of professional training, new professional skills and lifelong learning.

• (2) Fostering environmentally sustainable, resource-efficient, innovative, competitive and knowledge-based aquaculture by pursuing the following specific objectives:
• (a) the provision of support to strengthen technological development, innovation and knowledge transfer;
• (b) the enhancement of the competitiveness and viability of aquaculture enterprises, including the improvement of safety and working conditions, in particular of SMEs;
• (c) the protection and restoration of aquatic biodiversity and the enhancement of ecosystems related to aquaculture and the promotion of resource-efficient aquaculture;
• (d) the promotion of aquaculture having a high level of environmental protection, and the promotion of animal health and welfare and of public health and safety;
• (e) the development of professional training, new professional skills and lifelong learning.

• (3) Fostering the implementation of the CFP by pursuing the following specific objectives:
• (a) the improvement and supply of scientific knowledge as well as the improvement of the collection and management of data;
• (b) the provision of support to monitoring, control and enforcement, thereby enhancing institutional capacity and the efficiency of public administration, without increasing the administrative burden.

• (4) Increasing employment and territorial cohesion by pursuing the following specific objective: the promotion of economic growth, social inclusion and job creation, and providing support to employability and labour mobility in coastal and inland communities which depend on fishing and aquaculture, including the diversification of activities within fisheries and into other sectors of maritime economy.

• (5) Fostering marketing and processing by pursuing the following specific objectives:
• (a) the improvement of market organisation for fishery and aquaculture products;
• (b) the encouragement of investment in the processing and marketing sectors.

• (6) Fostering the implementation of the IMP.

CHAPTER II Shared and direct management

Article 7

Shared and direct management

CHAPTER III General Principles of Assistance under Shared Management

Article 8

State aid

Article 9

Specific ex ante conditionalities

The specific ex ante conditionalities referred to in Annex IV shall apply to the EMFF.

CHAPTER IV Admissibility of applications and ineligible operations

Article 10

Admissibility of applications

• (a) has committed a serious infringement under Article 42 of Council Regulation (EC) No 1005/2008 ([^E0003]) or Article 90(1) of Regulation (EC) No 1224/2009;

• (b) has been involved in the operation, management or ownership of fishing vessels included in the Union IUU vessel list as set out in Article 40(3) of Regulation (EC) No 1005/2008, or of vessels flagged to countries identified as non-cooperating third countries as set out in Article 33 of that Regulation;

• (c) has committed a serious infringement of the CFP rules identified as such in other legislation adopted by the European Parliament and by the Council; or

• (d) has committed any of the offences set out in Articles 3 and 4 of Directive 2008/99/EC of the European Parliament and of the Council ([^E0004]), where the application is made for support under Chapter II of Title V of this Regulation.

• (a) the identification of the period of time referred to in paragraphs 1 and 3 of this Article which shall be proportionate to the nature, gravity, duration and repetition of the serious infringement, offence or fraud, and shall be of at least one year’s duration;

• (b) the relevant starting or ending dates of the period of time referred to in paragraphs 1 and 3 of this Article.

For the purposes of the first subparagraph, a Member State shall provide, on request from another Member State, the information contained in its national register of infringements referred to in Article 93 of Regulation (EC) No 1224/2009.

Article 11

Ineligible operations

The following operations shall not be eligible under the EMFF:

• (a) operations increasing the fishing capacity of a vessel or equipment increasing the ability of a vessel to find fish;

• (b) the construction of new fishing vessels or the importation of fishing vessels;

• (c) the temporary or permanent cessation of fishing activities, unless otherwise provided for in this Regulation;

• (d) exploratory fishing;

• (e) the transfer of ownership of a business;

• (f) direct restocking, unless explicitly provided for as a conservation measure by a Union legal act or in the case of experimental restocking.

TITLE III FINANCIAL FRAMEWORK

Article 12

Budget implementation

Article 13

Budgetary resources under shared management

• (a) EUR 6 450 000 for the Azores and Madeira;

• (b) EUR 8 700 000 for the Canary Islands;

• (c) EUR 12 350 000 for the French outermost regions referred to in Article 349 TFEU.

Article 14

Budgetary resources under direct management

Article 15

Mid-term review

The Commission shall review the implementation of Chapter I and II of Title VI, including the need for adjustments of the indicative distribution of funds as laid down in Annex III, and shall, by 30 June 2017, submit to the European Parliament and to the Council an interim evaluation report on the results obtained and the qualitative and quantitative aspects of the EMFF.

Article 16

Financial distribution for shared management

• (a) as regards Title V, with the exception of Articles 76 and 77:
• (i) the level of employment in the fisheries and marine and fresh water aquaculture sectors, including employment in related processing;
• (ii) the level of production in the fisheries and marine and fresh water aquaculture sectors, including related processing; and
• (iii) the share of small–scale coastal fishing fleet in the overall fishing fleet;

• (b) as regards Articles 76 and 77:
• (i) the extent of the control tasks of the Member State concerned, taking into account the size of the national fishing fleet and the size of the sea area to be controlled, the volume of the landings and the value of imports from third countries;
• (ii) the available control resources compared to the extent of the control tasks of the Member State, where available means are determined by taking into account the number of controls conducted at sea and the number of landing inspections;
• (iii) the extent of the data collections tasks of the Member State concerned, taking into account the size of the national fishing fleet, the volume of the landings and of the aquaculture production, the amount of scientific monitoring activities at sea and the number of surveys the Member State is taking part in; and
• (iv) the available data collection resources compared to the extent of the data collection tasks of the Member State, where available means are determined by taking into account the human resources and technical means needed to implement the national sampling programme for data collection;

• (c) as regards all measures, the historical allocations of funds in accordance with Regulation (EC) No 1198/2006 and the historical consumption in accordance with Regulation (EC) No 861/2006.

TITLE IV PROGRAMMING

CHAPTER I Programming for measures financed under shared management

Article 17

Preparation of operational programmes

Article 18

Content of the operational programme

• (a) an analysis of the situation in terms of the strengths, weaknesses, opportunities and threats and the identification of the needs that require to be addressed in the geographical area, including, where relevant, sea basins covered by the programme. The analysis shall be structured around the relevant Union priorities set out in Article 6 of this Regulation and, where applicable, shall be consistent with the multiannual national strategic plan for aquaculture referred to in Article 34 of Regulation (EU) No 1380/2013 and the progress made in achieving good environmental status through the development and implementation of a marine strategy referred to in Article 5 of Directive 2008/56/EC. Specific needs concerning jobs, the environment, the mitigation of, and adaptation to, climate change, and the promotion of innovation shall be assessed in relation to the Union priorities, with a view to identifying the most relevant responses at the level of each of the priorities related to the relevant area;

• (b) a description of the strategy within the meaning of Article 27 of Regulation (EU) No 1303/2013, which shall demonstrate that:
• (i) appropriate targets are set for each of the Union priorities that are included in the programme, on the basis of common indicators referred to in Article 109 of this Regulation;
• (ii) the selection of relevant measures follows logically from each Union priority selected in the programme, taking into account the conclusions of the ex ante evaluation and the analysis referred to in point (a) of this paragraph. As regards the measures for the permanent cessation of fishing activities under Article 34 of this Regulation, the description of the strategy shall include the targets and measures to be taken for the reduction of the fishing capacity in accordance with Article 22 of Regulation (EU) No 1380/2013. A description of the method for the calculation of the compensation to be granted under Articles 33 and 34 of this Regulation shall also be included;
• (iii) the allocation of financial resources to the Union priorities included in the programme is justifiable and adequate to achieve the targets set;

• (c) where appropriate, the specific needs of Natura 2000 areas, as established by Council Directive 92/43/EEC ([^E0007]), and the contribution of the programme to the establishment of a coherent network of fish stock recovery areas as provided for in Article 8 of Regulation (EU) No 1380/2013;

• (d) the assessment of the specific ex ante conditionalities referred to in Article 9 of and in Annex IV to this Regulation and, where required, the actions referred to in Article 19(2) of Regulation (EU) No 1303/2013;

• (e) a description of the performance framework within the meaning of Article 22 of and Annex II to Regulation (EU) No 1303/2013;

• (f) a list of measures selected organised by Union priorities;

• (g) a list of criteria applied for selecting the fisheries and aquaculture areas under Chapter III of Title V;

• (h) a list of selection criteria for community-led local development strategies under Chapter III of Title V;

• (i) in Member States where over 1 000 vessels can be considered small-scale coastal fishing vessels, an action plan for the development, competitiveness and sustainability of small-scale coastal fishing;

• (j) the evaluation requirements and the evaluation plan referred to in Article 56 of Regulation (EU) No 1303/2013 and actions to be taken to address identified needs;

• (k) a financing plan which is to be designed by taking into account Article 20 of Regulation (EU) No 1303/2013 and in accordance with the Commission implementing act referred to in Article 16(2) of this Regulation, comprising:
• (i) a table setting out the total EMFF contribution planned for each year;
• (ii) a table setting out the applicable EMFF resources and co-financing rate under the Union priorities set out in Article 6 of this Regulation and for technical assistance; by way of derogation from the general rule laid down in Article 94(2) of this Regulation, that table shall, where applicable, indicate separately the EMFF resources and the co-financing rates which apply for the support referred to in Articles 33, 34, Article 41(2), Articles 67 and 70, points (a) to (d) and (f) to (l) of Article 76(2), point (e) of Article 76(2) and Article 77 of this Regulation;

• (l) information on the complementarity and coordination with ESI Funds and other relevant Union and national funding instruments;

• (m) implementing arrangements of the operational programme including:
• (i) identification of the authorities referred to in Article 123 of Regulation (EU) No 1303/2013 and, for information purposes, a summary describing the management and control system;
• (ii) a description of the respective roles of the FLAGs, the managing authority or designated body for all implementation tasks relating to the community-led local development strategy;
• (iii) a description of the monitoring and evaluation procedures, as well as the general composition of the monitoring committee referred to in Article 48 of Regulation (EU) No 1303/2013;
• (iv) the provisions to ensure that the programme is publicised in accordance with Article 119 of this Regulation;

• (n) a list of the partners referred to in Article 5 of Regulation (EU) No 1303/2013 and the results of the consultation of those partners;

• (o) for the objective of ensuring increased compliance through control referred to in Article 6(3)(b), and in accordance with the actual priorities adopted by the Commission pursuant to Article 17(3):
• (i) a list of the bodies implementing the control, inspection and enforcement system and a brief description of their human and financial resources available for fisheries control, inspection and enforcement, and their major equipment available for fisheries control, inspection and enforcement, in particular the number of vessels, aircraft and helicopters;
• (ii) the overall objectives of the control measures to be implemented, using common indicators to be set in accordance with Article 109;
• (iii) specific objectives to be achieved in accordance with the Union priorities set out in Article 6 and a detailed indication by category over the entire programming period;

• (p) for the objective of collection of data for sustainable fisheries management referred to in point (a) of Article 6(3), and in accordance with the multiannual Union programme referred to in Article 3 of Regulation (EC) No 199/2008:
• (i) a description of the activities of data collection, in accordance with Article 25(1) of Regulation (EU) No 1380/2013;
• (ii) a description of the data storage methods, data management and data use;
• (iii) a description of the capability to achieve sound financial and administrative management of the data collected.

The section of the operational programme referred to in point (p) shall be supplemented in accordance with Article 21 of this Regulation.

Article 19

Approval of the operational programme

Article 20

Amendment of the operational programme

Article 21

Work plans for data collection

Article 22

Rules on procedures and timetables

• (a) the approval of operational programmes;

• (b) the submission and approval of amendments to operational programmes, including their entry into force and frequency of submission during the programming period;

• (c) the submission and approval of amendments as referred to in Article 20(3);

• (d) the submission of work plans for data collection.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 127(3).

• (a) amendments to operational programmes concerning a transfer of funds between Union priorities, provided that the funds transferred do not exceed 10 % of the amount allocated to the Union priority;

• (b) amendments to operational programmes concerning the introduction or withdrawal of measures or types of relevant operations and related information and indicators;

• (c) amendments to operational programmes concerning changes in the description of measures, including changes of eligibility conditions;

• (d) amendments referred to in Article 20(3), as well as in the case of any other amendments to the section of the operational programme referred to in point (o) of Article 18(1);

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

CHAPTER II Programming for measures financed under direct management

Article 23

Annual work programme

• (a) a description of the activities to be financed and the objectives to be pursued for each activity which shall be in accordance with the objectives laid down in Articles 82 and 85. It shall also contain an indication of the amount allocated to each activity, an indicative implementation timetable, as well as information on their implementation;

• (b) for grants and related measures, the essential evaluation criteria, which shall be set in a manner that best achieves the objectives pursued by the operational programme, and the maximum rate of co-financing.

TITLE V MEASURES FINANCED UNDER SHARED MANAGEMENT

CHAPTER I Sustainable development of fisheries

Article 24

Specific objectives

Support under this Chapter shall contribute to the achievement of the specific objectives under the Union priority set out in Article 6(1).

Article 25

General conditions

• (a) EUR 6 000 000 ; or

• (b) 15 % of the Union financial support allocated by the Member State to the Union priorities set out in Article 6(1), (2) and (5).

Article 26

Innovation

Article 27

Advisory services

• (a) feasibility studies and advisory services that assess the viability of operations potentially eligible for support under this Chapter;

• (b) the provision of professional advice on environmental sustainability, with a focus on limiting and, where possible, eliminating the negative impact of fishing activities on marine, terrestrial and freshwater ecosystems;

• (c) the provision of professional advice on business and marketing strategies.

Article 28

Partnerships between scientists and fishermen

• (a) the creation of networks, partnership agreements or associations between one or more independent scientific bodies and fishermen, or one or more organisations of fishermen, in which technical bodies may participate;

• (b) the activities carried out in the framework of the networks, partnership agreements, or associations referred to in point (a).

Article 29

Promotion of human capital, job creation and social dialogue

• (a) professional training, lifelong learning, joint projects, the dissemination of knowledge of an economic, technical, regulatory or scientific nature and of innovative practices, and the acquisition of new professional skills, in particular linked to the sustainable management of marine ecosystems, hygiene, health, safety, activities in the maritime sector, innovation and entrepreneurship;

• (b) networking and exchange of experiences and best practices between stakeholders, including among organisations promoting equal opportunities between men and women, promoting the role of women in fishing communities and promoting under-represented groups involved in small-scale coastal fishing or in on-foot fishing;

• (c) social dialogue at Union, national, regional or local level involving fishermen, social partners and other relevant stakeholders.

Article 30

Diversification and new forms of income

• (a) submit a business plan for the development of their new activities; and

• (b) possess adequate professional skills which may be acquired through operations financed under point (a) of Article 29(1).

Article 31

Start-up support for young fishermen

• (a) with an overall length of less than 24 metres;

• (b) which is equipped for sea fishing;

• (c) which is between 5 and 30 years old; and

• (d) which belongs to a fleet segment for which the report on fishing capacity, referred to in Article 22(2) of Regulation (EU) No 1380/2013, has shown a balance with the fishing opportunities available to that segment.

Article 32

Health and safety

Article 33

Temporary cessation of fishing activities

• (a) the implementation of Commission measures or Member States emergency measures referred to in Articles 12 and 13, respectively, of Regulation (EU) No 1380/2013 or of conservation measures referred to in Article 7 of that Regulation, including biological recovery periods;

• (b) a non‐renewal of Sustainable fisheries partnership agreements or protocols thereto;

• (c) where the temporary cessation of fishing activities is provided for in a management plan adopted in accordance with Council Regulation (EC) No 1967/2006 ([^E0009]) or in a multiannual plan adopted under Articles 9 and 10 of Regulation (EU) No 1380/2013, 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;

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

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

• (a) owners 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 date of submission of the application for support; or

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

3a. For the purpose of point (d) of paragraph 1, the following derogations shall apply:

• (a) by way of derogation from point (a) of paragraph 3, where a fishing vessel has been registered in the Union fishing fleet register for less than two years at the date of submission of the application for support, Member States may calculate the minimum days of fishing activities required for that vessel as the proportion of 120 days in the last two calendar years;

• (b) by way of derogation from point (b) of paragraph 3, where a fisherman has started working on board a Union fishing vessel less than two years prior to the date of submission of the application for support, Member States may calculate the minimum days of work required for that fisherman as the proportion of 120 days in the last two calendar years;

• (c) by way of derogation from paragraph 3, support shall also be granted to fishermen on foot who have worked at least 120 days during the last two calendar years preceding the date of submission of the application for support. Where a fisherman on foot has started working less than two years prior to the date of submission of the application for support, Member States may calculate the minimum days of work required for that fisherman on foot as the proportion of 120 days in the last two calendar years.

Article 34

Permanent cessation of fishing activities

• (a) such scrapping is included in the operational programme referred to in Article 18; and

• (b) the permanent cessation is foreseen as a tool of an action plan referred to in Article 22(4) of Regulation (EU) No 1380/2013 indicating that the fleet segment is not effectively balanced with the fishing opportunities available to that segment.

• (a) owners of Union fishing vessels registered as active and which have carried out fishing activities at sea for at least 90 days per year during the last two calendar years preceding the date of submission of the application for support; or

• (b) fishermen who have worked at sea for at least 90 days per year during the last two calendar years preceding the date of submission of the application for support, on board of a Union fishing vessel concerned by the permanent cessation.

However, in the case of Eastern Baltic cod as referred to in point (b) of Article 1(1) of Regulation (EU) 2016/1139 of the European Parliament and the Council ([^E0010]), the two calendar years referred to in points (a) and (b) of the first subparagraph of this paragraph shall be 2017 and 2018.

• (a) the multiannual plan for the conservation and sustainable exploitation of demersal stocks in the western Mediterranean Sea, established by Regulation (EU) 2019/1022 of the European Parliament and of the Council ([^E0011]);

• (b) the multiannual plan for the stocks of cod, herring and sprat in the Baltic Sea and the fisheries exploiting those stocks, established by Regulation (EU) 2016/1139, with regard to vessels that have targeted Eastern Baltic cod, Western Baltic cod or Western Baltic herring as set out in Article 8a of Regulation (EU) 2016/1139.

4a. Expenditure related to the permanent cessation measures adopted in order to achieve the objectives of Regulation (EU) 2019/1022 shall be eligible for support under the EMFF from 16 July 2019.

Expenditure related to the permanent cessation measures adopted in order to achieve the objectives of Regulation (EU) 2016/1139, in particular Article 8a thereof, shall be eligible for support under the EMFF from 1 December 2020.

In addition and with a view to preserving maritime heritage, support may be granted for the permanent cessation of fishing activities without scrapping in the case of traditional wooden vessels, provided that such vessels retain a land-based heritage function.

Article 35

Mutual funds for public health crises, adverse climatic events and environmental incidents

• (a) be accredited by the competent authority of the Member State, in accordance with national law;

• (b) have a transparent policy towards payments into and withdrawals from the fund; and

• (c) have clear rules attributing responsibility for any debts incurred.

Article 36

Support for the systems of allocation of fishing opportunities

Article 37

Support for the design and implementation of conservation measures and regional cooperation

• (a) the design, development and monitoring of technical and administrative means necessary for the development and implementation of conservation measures and regionalisation;

• (b) stakeholder participation and cooperation between Member States in designing and implementing conservation measures and regionalisation.

Article 38

Limitation of the impact of fishing on the marine environment and adaptation of fishing to the protection of species

• (a) in equipment improving size selectivity or species selectivity of fishing gear;

• (b) on board or in equipment that eliminates discards by avoiding and reducing unwanted catches of commercial stocks, or that deals with unwanted catches to be landed in accordance with Article 15 of Regulation (EU) No 1380/2013;

• (c) in equipment that limits and, where possible, eliminates the physical and biological impacts of fishing on the ecosystem or the sea bed;

• (d) in equipment that protects gear and catches from mammals and birds protected by Council Directive 92/43/EEC or Directive 2009/147/EC of the European Parliament and of the Council ([^E0012]), provided that it does not undermine the selectivity of the fishing gear and that all appropriate measures are introduced to avoid physical damage to the predators.

• (a) owners of Union fishing vessels which are registered as active vessels and which have carried out fishing activities at sea of at least 60 days during the two calendar years preceding the date of submission of the application for support;

• (b) fishermen who own the gear to be replaced and who have worked on board of a Union fishing vessel for at least 60 days during the two calendar years preceding the date of submission of the application for support;

• (c) organisations of fishermen recognised by the Member State.

Article 39

Innovation linked to the conservation of marine biological resources

Article 40

Protection and restoration of marine biodiversity and ecosystems and compensation regimes in the framework of sustainable fishing activities

• (a) the collection of waste by fishermen from the sea such as the removal of lost fishing gear and marine litter;

• (b) the construction, installation or modernisation of static or movable facilities intended to protect and enhance marine fauna and flora, including their scientific preparation and evaluation;

• (c) contributions to a better management or conservation of marine biological resources;

• (d) the preparation, including studies, drawing-up, monitoring and updating of protection and management plans for fishery-related activities relating to NATURA 2000 sites and spatial protection measures referred to in Directive 2008/56/EC and relating to other special habitats;

• (e) the management, restoration and monitoring of NATURA 2000 sites in accordance with Directives 92/43/EEC and 2009/147/EC, in accordance with prioritised action frameworks established pursuant to Directive 92/43/EEC;

• (f) the management, restoration and monitoring of marine protected areas with a view to the implementation of the spatial protection measures referred to in Article 13(4) of Directive 2008/56/EC;

• (g) increasing environmental awareness, involving fishermen, with regard to the protection and restoration of marine biodiversity;

• (h) schemes for compensation for damage to catches caused by mammals and birds protected by Directives 92/43/EEC and 2009/147/EC;

• (i) the participation in other actions aimed at maintaining and enhancing biodiversity and ecosystem services, such as the restoration of specific marine and coastal habitats in support of sustainable fish stocks, including their scientific preparation and evaluation.

Article 41

Energy efficiency and mitigation of climate change

• (a) investments in equipment or on board aimed at reducing the emission of pollutants or greenhouse gases and increasing the energy efficiency of fishing vessels. Investments in fishing gear are also eligible provided that they do not undermine the selectivity of that fishing gear;

• (b) energy efficiency audits and schemes;

• (c) studies to assess the contribution of alternative propulsion systems and hull designs to the energy efficiency of fishing vessels.

• (a) for vessels up to 12 metres in overall length, provided that the new or modernised engine does not have more power in kW than the current engine;

• (b) for vessels between 12 and 18 metres in overall length, provided that the power in kW of the new or modernised engine is at least 20 % lower than that of the current engine;

• (c) for vessels between 18 and 24 metres in overall length, provided that the power in kW of the new or modernised engine is at least 30 % lower than that of the current engine.

• (a) EUR 1 500 000 ; or

• (b) 3 % of the Union financial support allocated by the Member State to the Union priorities set out in Article 6(1), (2) and (5).

Article 42

Added value, product quality and use of unwanted catches

• (a) investments that add value to fishery products, in particular by allowing fishermen to carry out the processing, marketing and direct sale of their own catches;

• (b) innovative investments on board that improve the quality of the fishery products.

Article 43

Fishing ports, landing sites, auction halls and shelters