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State aid in fishery and aquaculture

Summary
Evaluation
Commission Proposal
Legal Act
Implementation

Overall state of play

Evaluation: finalised on 14 December 2022 (SWD(2022) 408).
Communication from the Commission: adopted; Fishery Block Exemption Regulation (FIBER) adopted on 14 December 2022.Guidelines for State aid to the fishery and aquaculture sector endorsed by the Commission on 14 December 2022.
Those two instruments are complemented by consolidated text: Commission Regulation (EU) No 717/2014 of 27 June 2014 on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to de minimis aid in the fishery and aquaculture sector (Fishery ‘de minimis’ Regulation). On 14 December 2022, the Commission prolonged the validity of its so-called Fishery 'de minimis' Regulation for one year.

State of play, main conclusions, outlook

The Fishery Block Exemption Regulation (FIBER), adopted on 14 December 2022, declares specific categories of aid compatible with EU State aid rules and exempts them from the requirement of prior notification to and approval by the Commission, provided that they fulfil certain conditions. This enables Member States to quickly provide aid, where conditions limiting the distortion of competition in the Single Market are met. The rules laid down in the FIBER are complementary to those set out in the Guidelines applicable to the fishery and aquaculture sector, which set the conditions under which the Commission assesses whether State aid measures that are not block-exempted are compatible with the Single Market.

Estimated savings and benefits

The main changes to the FIBER include a significant extension of the scope of block-exempted measures. In particular:

• New categories of block-exempted measures, such as aid to prevent or repair damage caused by adverse climatic events in the fishery and aquaculture sector.

• Based on the experience gained by the Commission, the new rules block-exempt up to 50% of cases which before were subject to notification.

The revised Fisheries Guidelines introduce the following main changes:

• Broader scope of measures targeting animal diseases in aquaculture, allowing for aid to be granted for emerging animal diseases and certain invasive alien species.

• Introduction of new categories of aid, such as aid for fleet and cessation measures (in line with the EMFAF) and aid for investments in equipment that contributes to safety of fishing vessels in the Union's outermost regions. At the same time, it should be noted that capacity enhancement measures are unlikely to be approved.

State of Play

Evaluation: Finalised on 14 December 2022 (SWD(2022) 408).

Scope

The Commission Regulation (EU) No 1388/2014 of 16 December 2014 declaring certain categories of aid to undertakings active in the production, processing and marketing of fishery and aquaculture products compatible with the internal market in application of Articles 107 and 108 of the Treaty on the Functioning of the European Union (FIBER) (OJ L 369, 24.12.2014, p. 37–63)

The Guidelines for the examination of State aid to the fishery and aquaculture sector (OJ C 217, 2.7.2015, p. 1–15)

Commission Regulation (EU) No 717/2014 of 27 June 2014 on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to de minimis aid in the fishery and aquaculture sector (OJ L 190, 28.6.2014, p. 45–54)

Evaluation findings:

The evaluation showed that, while the rules were by and large fit for purpose, some targeted adjustments were necessary to align them with the new rules under the Common Fisheries Policy, in particular the new EMFAF Regulation, and to address unnecessary administrative burden.

The Commission invited all interested parties to comment on the proposed revised State aid rules for the agricultural, forestry and fishery and aquaculture sectors. The draft revised texts of the FIBER and the revised Fishery de minimis Regulation were discussed in two meetings between the Commission and the Member States in March and September 2022. The draft guidelines were also discussed in a multilateral meeting with the Member States. There was also a back-to-back public consultation for both the evaluation of the existing State aid framework and the impact assessment on the future framework, which ran from 28 June 2019 until 31 October 2019, and a public consultation on the draft legal instruments, which ran from 11 January 2022 until 13 March 2022.

State of Play

Commission Regulation of 14 December 2022 declaring certain categories of aid to undertakings active in the production, processing and marketing of fishery and aquaculture products compatible with the internal market in application of Articles 107 and 108 of the Treaty on the Functioning of the European Union
Guidelines for State aid in the fishery and aquaculture sector of 14 December 2022
Consolidated text: Commission Regulation (EU) No 717/2014 of 27 June 2014 on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to de minimis aid in the fishery and aquaculture sector

Estimated savings and benefits

The main changes to the FIBER include a significant extension of the scope of block-exempted measures. In particular:

• New categories of block-exempted measures, such as aid to prevent or repair damage caused by adverse climatic events in the fishery and aquaculture sector.

• Based on the experience gained by the Commission, the new rules block-exempt up to 50% of cases which before were subject to notification.

The revised Fisheries Guidelines introduce the following main changes:

• Broader scope of measures targeting animal diseases in aquaculture, allowing for aid to be granted for emerging animal diseases and certain invasive alien species.