Commission Implementing Regulation (EU) 2022/45

Contents

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^note, 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^note 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^note 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,

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