Proposal for a regulation
Title 2 – chapter 5 a (new)
Chapter 5a: ‘Outermost regions’ Article 29a - Budgetary resources under shared management 1.For operations located in the outermost regions, each Member State concerned shall allocate, within its Union financial support set out in Annex V, at least: (a) EUR 114 000 000 in 2018 constant prices (EUR 128 566 000 000 (sic - translator's note) in current prices) for the Azores and Madeira; (b) EUR 91 700 000 in constant 2018 prices (EUR 103 357 000 in current prices) for the Canary Islands; (c) EUR 146 500 000 in constant 2018 prices (EUR 165 119 000 in current prices) for Guadeloupe, French Guiana, Martinique, Mayotte, Réunion and Saint- Martin. 2.The compensation referred to in Article 29d shall be a minimum of 65% of the financial envelopes defined in paragraph 1. 3.By way of derogation from Article 9(8) of this Regulation and Article 19(2) of Regulation (EU) No .../... [Regulation laying down Common Provisions], and in order to take account of changing conditions, Member States may adjust annually the list and quantities of eligible fishery products and the level of the compensation referred to in Article 29d, provided that the amounts referred to in paragraphs 1 and 2 of this Article are respected.Adjustments shall be possible only to the extent that they complement the compensation plans of another region of the same Member State.The Member State shall inform the Commission about the adjustments in advance. Article 29b - Action Plan Member States concerned, in consultation with all stakeholders, 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 (b) a description of the main actions envisaged and the corresponding financial means, including: i. the structural support to the fishery and aquaculture sector under Title II; ii. the compensation for additional costs referred to in Article 29d, including the amounts of additional costs calculated by the Member State concerned and the amounts of aid estimated as compensation; iii. any other investment in the sustainable blue economy necessary to achieve sustainable coastal development (c) an update on the collection and processing of data for fisheries management and scientific purposes in the outermost regions Article 29c - Renewal of small-scale coastal fishing fleets and associated measures 1.Without prejudice to Article 16, the EMFF may, in the outermost regions, in particular provide support for the following operations: (a) the renewal of small-scale coastal fishing fleets in the outermost regions which land all their catches in ports in those regions, so as to increase human safety, comply with Union hygiene standards, fight IUU fishing and achieve greater environmental efficiency.That fishing fleet renewal shall remain within the limits of authorised capacity ceilings, be restricted to the replacement of an old vessel by a new one, and allow sustainable fishing and the reaching of the Maximum Sustainable Yield (MSY) objective; (b) the partial renovation of the structural wooden deck of a fishing vessel over 40 years old, when this is necessary for reasons of improving maritime safety, according to objective technical criteria applied in naval architecture; (c) the construction of new ports, new landing sites or new auction halls in the outermost regions and the renovation or construction of port infrastructure for small-scale coastal fishing, if this contributes to the establishment of sustainable fisheries in the outermost regions; (d) the establishment and modernisation of shipyards and shipbuilding and repair workshops located in the fishing ports of the outermost regions and whose main activity is directed at the small-scale coastal fishing fleet; (e) the study of the stability of a small- scale coastal fishing vessel over 40 years of age, according to the recent technical criteria of naval architecture that are applicable to the construction of new fishing vessels; (f) the study of technical guidelines for the design of helmets or propulsion equipment, with respect to the different typologies of small-scale coastal fishing vessels based in ports in the outermost regions, which help designers to optimise the design and promotion of new constructions and of the propelling equipment, to improve the safety of the crew, reduce polluting or greenhouse emissions and increase the energy efficiency of small-scale coastal fishing vessels. Article 29d - Compensation for additional costs 1.The EMFF may support the compensation of additional costs incurred by beneficiaries in the fishing, farming, processing and marketing of certain fishery and aquaculture products from the outermost regions. 2.Each Member State concerned shall determine, in line with the criteria laid down in paragraph 7, for the regions referred to in paragraph 1, the list of fishery and aquaculture products and the quantities of those products eligible for compensation. 3.When establishing the list and the quantities referred to in paragraph 2, 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. 4.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; (b) caught by Union fishing vessels that are not registered in a port of one of the regions referred to in paragraph 1; (c) imported from third countries. 5.Point (b) of paragraph 4 shall not apply if the existing capacity of the processing industry in the outermost region concerned exceeds the quantity of raw material supplied. 6.The compensation paid to the beneficiaries carrying out activities referred to in paragraph 1 in the outermost regions or owning a vessel registered in a port of these regions 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. 7.The Commission shall be empowered to adopt delegated acts, in accordance with Article 52, laying down the criteria for the calculation of the additional costs resulting from the specific handicaps of the regions concerned. Article 29e - State aid 1.For the fishery and aquaculture products, listed in Annex I to the TFEU, to which Articles 107, 108 and 109 thereof apply, the Commission may authorise, in accordance with Article 108 TFEU, operating aid in the outermost regions referred to in Article 349 TFEU within the sectors producing, processing and marketing fishery and aquaculture products, with a view to alleviating the specific constraints in those regions arising from their isolation, insularity and extreme remoteness. 2.Member States may grant additional financing for the implementation of the compensation plans referred to in Article 29d.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 those plans.State aid thus notified shall be regarded as notified within the meaning of the first sentence of Article 108(3) TFEU. Article 29f - Review — POSEI The Commission shall submit a report on the implementation of the provisions of this Chapter before the end of 2023 accompanied, if necessary, by appropriate proposals. The Commission shall evaluate the possibility of creating a Programme of Options Specifically Relating to Remoteness and Insularity (POSEI) for maritime and fisheries issues.