Date: 2019-03-27Category: Not ApplicableState: Union GovernmentCountry: Europe
Regulation (EU) 2019/497 of the European Parliament and of the Council of 25 March 2019 amending Regulation (EU) No 508/2014 as regards certain rules relating to the European Maritime and Fisheries Fund following the withdrawal of the United Kingdom from the Union
Executive Summary:
This regulation amends Regulation (EU) No 508/2014 regarding the European Maritime and Fisheries Fund (EMFF) in light of the United Kingdom's withdrawal from the European Union. It aims to mitigate adverse economic effects on fishermen and vessel owners dependent on UK waters by allowing financial compensation for temporary cessation of fishing activities. The regulation enters into force the day after its publication and applies from the day after the Treaties cease to apply to the UK, unless a withdrawal agreement is in force by that date.
Key Points / Main Content:
Amendments to Regulation (EU) No 508/2014:
* Article 13 is amended to allow Member States to exceed certain financial limits to support measures outlined in Article 33 if the UK does not grant access rights to UK waters for Union fishing vessels dependent on those waters.
* Article 25 is amended to exclude the EMFF contribution to measures in Article 33(1)(d) when determining if the thresholds in Article 25(3)(a) and (b) are exceeded.
* Article 33 is amended to include addressing the consequences of the UK not granting access rights to UK waters for Union fishing vessels dependent on those waters as an eligible reason for support.
* Support for temporary cessation of fishing activities under Article 33(1)(a, b, and c) may be granted for a maximum of six months per vessel from 2014 to 2020.
* Support for temporary cessation of fishing activities under Article 33(1)(d) may be granted for a maximum of nine months per vessel from 2014 to 2020, with expenditure eligible from the date of application of Regulation (EU) 2019/497.
Entry Into Force and Application:
* The regulation enters into force the day following its publication in the Official Journal of the European Union.
* It applies from the day following that on which the Treaties cease to apply to the United Kingdom, unless a withdrawal agreement is in force by that date.
Impact Analysis:
Member States:
* Impact: Member States can provide financial support to fishermen and vessel owners affected by the UK's withdrawal and potential loss of access to UK waters, by adjusting operational programs.
* Action Required: Member States should consider combining amendments to their operational programmes within the context of Article 22(4) of Regulation (EU) No 1303/2013.
Fishermen and Owners of Fishing Vessels:
* Impact: Fishermen and vessel owners who are significantly dependent on access to UK waters may receive financial compensation for the temporary cessation of fishing activities if access to those waters is lost due to the UK's withdrawal.
* Action Required: Fishermen and vessel owners should liaise with their Member State authorities to understand the application process for financial support.
European Commission:
* Impact: The Commission is responsible for overseeing the implementation of the amended regulation and ensuring that the EMFF is used effectively to mitigate the adverse effects of the UK's withdrawal.
* Action Required: No specific action is mentioned for the European Commission in the text.
Key Entities Referenced
European Parliament: One of the legislative bodies of the European Union.
Council of the European Union: One of the legislative bodies of the European Union representing the governments of the member states.
Treaty on the Functioning of the European Union: One of the primary treaties of the European Union.
European Commission: An institution of the European Union, responsible for proposing legislation, implementing decisions, upholding the EU treaties and managing the day-to-day business of the EU.
European Economic and Social Committee: An EU advisory body composed of representatives from various economic and social interest groups.
United Kingdom: A country that was formerly a member of the European Union, and its withdrawal is the subject of this regulation.
Treaty on European Union: One of the primary treaties upon which the European Union is founded.
European Maritime and Fisheries Fund: A fund within the European Union that supports the Common Fisheries Policy and maritime affairs.
L 85 I/22 EN Official Journal of the European Union 27.3.2019
REGULATION (EU) 2019/497 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 25 March 2019
amending Regulation (EU) No 508/2014 as regards certain rules relating to the European Maritime
and Fisheries Fund following the withdrawal of the United Kingdom from the Union
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 42 and 43(2) thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
After consulting the European Economic and Social Committee,
Acting in accordance with the ordinary legislative procedure (1),
Whereas:
(1) On 29 March 2017, the United Kingdom submitted the notification of its intention to withdraw from the Union
pursuant to Article 50 of the Treaty on European Union (TEU). The Treaties will cease to apply to the United
Kingdom from the date of entry into force of a withdrawal agreement or, failing that, two years after that
notification, namely from 30 March 2019, unless the European Council, in agreement with the United Kingdom,
unanimously decides to extend that period.
(2) The withdrawal agreement published in the Official Journal of the European Union on 19 February 2019 (2)
contains arrangements for the application of provisions of Union law to the United Kingdom beyond the date on
which the Treaties cease to apply to the United Kingdom. If that agreement enters into force, the Common
Fisheries Policy (CFP) will apply to the United Kingdom during the transition period in accordance with that
agreement and will cease to apply at the end of that period.
(3) When the CFP ceases to apply to the United Kingdom, United Kingdom waters (territorial sea and adjacent
exclusive economic zone) will no longer be part of Union waters. Consequently, in the absence of a withdrawal
agreement, Union vessels risk losing access to United Kingdom waters and fishing opportunities therein from
30 March 2019. This would have a significant impact in terms of fishing activities of the Union fleet and
economic returns.
(4) Measures are already available under Regulation (EU) No 508/2014 of the European Parliament and of the
Council (3) that can be used for mitigating the adverse economic effects due to the withdrawal of the United
Kingdom from the Union throughout the whole chain of production and marketing.
(5) Regulation (EU) No 508/2014 lays down the rules and arrangements for granting financial compensation to
fishermen and owners of fishing vessels in cases of temporary cessation of fishing activities. The criteria to allow
for temporary cessation do not allow for compensation due to the withdrawal of a Member State from the Union
and the subsequent loss of access to and fishing opportunities within the waters of that State.
(6) In addition to the measures already available under Regulation (EU) No 508/2014, in order to mitigate the
adverse economic effects caused by the withdrawal of a Member State from the Union, public support for the
temporary cessation of fishing activities should be available for fishermen and operators that have significant
dependence on access to United Kingdom waters.
(7) Regulation (EU) No 508/2014 should therefore be amended accordingly.
(8) The remaining appropriations are available to be dedicated to any eligible measure mitigating the consequences
of the withdrawal of the United Kingdom from the Union.
(1) Position of the European Parliament of 13 March 2019 (not yet published in the Official Journal) and Decision of the Council of
19 March 2019.
(2) OJ C 66 I, 19.2.2019, p. 1.
(3) 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 (OJ L 149, 20.5.2014, p. 1).27.3.2019 EN Official Journal of the European Union L 85 I/23
(9) For the sake of simplification, Member States concerned are invited to consider combining amendments to their
operational programme within the context of Article 22(4) of Regulation (EU) No 1303/2013 of the European
Parliament and of the Council (4).
(10) In view of the need to ensure, prior to the date of the withdrawal of the United Kingdom from the Union, the
availability of support under the European Maritime and Fisheries Fund for temporary cessation of fishing
activities by Union fishing vessels with significant dependence on access to United Kingdom waters in the event
that the United Kingdom does not grant access to those waters from the date of the United Kingdom's
withdrawal from the Union, which could be 30 March 2019, it was considered appropriate to provide for an
exception to the eight-week period referred to in Article 4 of Protocol No 1 on the role of national Parliaments
in the European Union, annexed to the TEU, to the Treaty on the Functioning of the European Union and to the
Treaty establishing the European Atomic Energy Community.
(11) This Regulation should enter into force as a matter of urgency on the day following that of its publication in the
Official Journal of the European Union and should apply from the day following that on which the Treaties cease to
apply to the United Kingdom, unless a withdrawal agreement concluded with the United Kingdom has entered
into force by that date,
HAVE ADOPTED THIS REGULATION:
Article 1
Amendments to Regulation (EU) No 508/2014
Regulation (EU) No 508/2014 is amended as follows:
(1) In Article 13, the following paragraph is added:
‘9. Member States shall have the possibility to exceed the amount set out in paragraph 2 of this Article and to go
below the amounts set out in paragraphs 3 to 7 of this Article to support the measures set out in Article 33 of this
Regulation if the United Kingdom does not grant access rights to United Kingdom waters for Union fishing vessels
that have significant dependence on access to those waters for their fishing activities in the event that the Treaties
cease to apply to the United Kingdom pursuant to Article 50(3) of the Treaty on European Union (TEU).’;
(2) In Article 25, the following paragraph is inserted:
‘3a. The total financial contribution from the EMFF to the measures referred to in point (d) of Article 33(1) shall
not be taken into account when determining whether the thresholds set out in points (a) and (b) of paragraph 3 of
this Article are exceeded.’;
(3) Article 33 is amended as follows:
(a) in paragraph 1, the following point is added:
‘(d) to address the consequences of a situation in which the United Kingdom does not grant access rights to
United Kingdom waters for Union fishing vessels that have significant dependence on access to those waters
for their fishing activities in the event that the Treaties cease to apply to the United Kingdom pursuant to
Article 50(3) TEU.’;
(b) paragraph 2 is replaced by the following:
‘2. The support referred to in points (a), (b) and (c) of paragraph 1 may be granted for a maximum duration
of six months per vessel during the period from 2014 to 2020 and the support referred to in point (d) of that
paragraph may be granted for a maximum duration of nine months per vessel during the period from 2014
to 2020. Expenditure relating to point (d) of paragraph 1 shall be eligible from the date of application of
Regulation (EU) 2019/497 of the European Parliament and of the Council (*).
(*) Regulation (EU) 2019/497 of the European Parliament and of the Council of 25 March 2019 amending
Regulation (EU) No 508/2014 as regards certain rules relating to the European Maritime and Fisheries Fund
by reason of the withdrawal of the United Kingdom from the Union (OJ L 85 I, 27.3.2019, p. 22).’
(4) Regulation (EU) No 1303/2013 of the European Parliament and of the Council of 17 December 2013 laying down common provisions
on the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural
Development and the European Maritime and Fisheries Fund and laying down general provisions on the European Regional
Development Fund, the European Social Fund, the Cohesion Fund and the European Maritime and Fisheries Fund and repealing Council
Regulation (EC) No 1083/2006 (OJ L 347, 20.12.2013, p. 320).L 85 I/24 EN Official Journal of the European Union 27.3.2019
Article 2
Entry into force and application
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European
Union.
It shall apply from the day following that on which the Treaties cease to apply to the United Kingdom pursuant to
Article 50(3) of the TEU.
However, this Regulation shall not apply if a withdrawal agreement concluded with the United Kingdom in accordance
with Article 50(2) of the TEU has entered into force by the day following that on which the Treaties cease to apply to
the United Kingdom.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Strasbourg, 25 March 2019.
For the European Parliament For the Council
The President The President
A. TAJANI G. CIAMBA