COMMISSION DELEGATED REGULATION (EU) 2022/2181
of 29 June 2022
supplementing Regulation (EU) 2021/1139 of the European Parliament and of the Council on the European Maritime, Fisheries and Aquaculture Fund as regards the starting dates and time periods for the inadmissibility of applications for support
CHAPTER I
GENERAL PROVISIONS
Article 1
Subject matter and scope
Article 2
Definition
CHAPTER II
THRESHOLD FOR AND DURATION OF INADMISSIBILITY
Article 3
Inadmissibility of applications submitted by operators who have committed or are held liable for serious infringements under Article 42(1) of Regulation (EC) No 1005/2008 or Article 90(1) of Regulation (EC) No 1224/2009
Article 4
Inadmissibility of applications submitted by operators whose vessel is included in the Union IUU vessel list or whose vessel is flagged to a non-cooperating third country
Article 5
Inadmissibility of applications submitted by operators in the aquaculture sector who have committed or are held liable for environmental offences
Article 6
Inadmissibility of applications submitted by operators who have committed or are held liable for fraud in the context of the EMFF or the EMFAF
CHAPTER III
COMMON PROVISIONS
Article 7
Determination of the threshold triggering inadmissibility and of the duration of inadmissibility
Article 8
Determination of threshold triggering inadmissibility where the operator owns or controls more than one fishing vessel
Article 9
Transfer of ownership
Article 10
Permanent withdrawal of the fishing licence
Article 11
Arrangements for recovering aid
Article 12
Transitional provisions
Article 13
Entry into force
ANNEX I
Threshold triggering inadmissibility and time period of inadmissibility for operators who have committed serious infringements under Article 42 of Regulation (EC) No 1005/2008 or Article 90 of Regulation (EC) No 1224/2009
Categories of serious infringements |
(a) Threshold triggering inadmissibility |
(b) Period of time of inadmissibility |
(c) Conditions for an increased period of inadmissibility |
(d) Conditions for a reduced period of inadmissibility |
Serious infringements of categories 1 and 2 as referred to in Annex XXX to Implementing Regulation (EU) No 404/2011 (*1) |
A total of 9 infringement points, irrespective of the number of serious infringements |
12 months |
1 additional month of inadmissibility per additional infringement point above the threshold |
If two infringements points are deleted pursuant to Article 133(3) of Implementing Regulation (EU) No 404/2011, the period of inadmissibility is reduced by four months |
All serious infringements as defined in Article 42 of Regulation (EC) No 1005/2008 and in Article 90 of Regulation (EC) No 1224/2009, with the exception of serious infringements of categories 1 and 2 as referred to in Annex XXX to Implementing Regulation (EU) No 404/2011 |
1 serious infringement |
12 months per serious infringement |
2 additional months of inadmissibility per serious infringement of category 7, 9, 10, 11 or 12 as referred to in Annex XXX to Implementing Regulation (EU) No 404/2011. If during the inadmissibility period the operator commits or is held liable for a serious infringement of category 1 or 2 as referred to in Annex XXX to Implementing Regulation (EU) No 404/2011, the period of inadmissibility is extended by one month for each infringement point assigned for those serious infringements |
ANNEX II
Threshold triggering inadmissibility and time period of inadmissibility for operators whose vessel is included in the Union IUU vessel list or whose vessel flies the flag of a non-cooperating third country
Type of infringement |
(a) Threshold triggering inadmissibility |
(b) Period of time of inadmissibility |
The operator has been involved in the operation, management or ownership of a fishing vessel included in the Union IUU vessel list as set out in Article 27 of Regulation (EC) No 1005/2008 |
1 infringement |
The whole period during which the fishing vessel is included in the Union IUU vessel list and, in any event, not less than 24 months |
The operator has been involved in the operation, management or ownership of a vessel flagged to a country included in the list of non-cooperating third countries provided for in Article 33 of Regulation (EC) No 1005/2008 |
1 infringement |
The whole period during which that country is included in the list of non-cooperating third countries and, in any event, not less than 12 months |
ANNEX III
Threshold triggering inadmissibility and time period of inadmissibility for operators who have committed the environmental offences set out in Articles 3 and 4 of Directive 2008/99/EC
Environmental offence |
(a) Threshold triggering inadmissibility |
(b) Period of time of inadmissibility |
(c) Conditions for an increased period of inadmissibility |
(d) Conditions for a reduced period of inadmissibility |
Offences set out in Article 3 of Directive 2008/99/EC, for which the competent authority has determined that the offence was committed with serious negligence |
1 offence |
12 months per offence |
6 additional months if the competent authority has explicitly referred to the presence of aggravating circumstances or has determined that an offence committed by the operator was carried out over a period of more than one year |
Provided that the inadmissibility period lasts at least 12 months in total, reduction by 6 months if the competent authority has explicitly referred to the presence of mitigating circumstances |
Offences set out in Article 3 of Directive 2008/99/EC, for which the competent authority has determined that the offence was committed intentionally |
1 offence |
24 months per offence |
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Offences set out in Article 4 of Directive 2008/99/EC |
1 offence |
24 months per offence |
ANNEX IV
Threshold triggering inadmissibility and time period of inadmissibility for operators who have committed fraud in the context of the EMFF or the EMFAF
(a) Threshold triggering inadmissibility |
(b) Period of time of inadmissibility |
Any fraud committed by the operator in the context of the EMFF or EMFAF |
From the date of the final decision determining the commission of a fraud as defined in Article 3 of Directive (EU) 2017/1371 until the end of the period of eligibility of expenditure for an EMFAF contribution referred to in Article 63(2) of Regulation (EU) 2021/1060 |